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....police report alleging that Babul accused No.1, the principal offender, was recommended to be discharged and that the investigation was perfunctory. The learned Magistrate passed an order for holding judicial inquiry after rejecting the police report and thereafter witnesses produced by the informan......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529...
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
.... or tribunal is constituted to do justice to the parties and not to throw away a case on technical ground. We are shocked to see that the chairman of the Labour Court who is an experienced and senior judicial officer failed to do justice to the petitioner though he found the order of dismissal of th......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....eopen ballot boxes and recount of votes (by the Election Tribunal) not provided for either in the Local Government (UP) Ordinance or the Union Parishad Election Rules, 1983 but just an outcome of the judicial decisions as clearly laid down from time to time. The principles stated in the Judgments of......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
.... of wider import covering both interlocutory and final orders. 13. Generally words used in a statute are to be construed in their ordinary dictionary meaning, but it has been poured out in various judicial decisions that the simple device of adopting the ordinary dictionary meaning of the word us......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....learned Sub-Divisional Magistrate, Tangaii to hold further inquiry. On receipt of the records from the learned Sessions Judge Tangail, the learned Sub-Divisional Magistrate, Taogail sent the case for judicial enquiry to the Thana Magistrate, Mirzapur. Mr. Forhad Kossain, Magistrate after judicial en......ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ..Category: Criminal Law | Date: | Hits: 168
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....suit will affect the result of the subsequent suit and the cause of action arose in respect of shop No.7. it is further submitted that the learned Assistant Judge, 1st Court, Dhaka, did not apply his judicial mind. 11. In reply to this contention the learned advocate appearing for the opposite......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ocate appearing for the petitioner, seriously assails the impugned order of the learned District Judge on various grounds. His first contention is that the learned District Judge without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law has pass......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....cting President's Order No.1 of 1972) but does not include. (a) any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any property which is in the possession of or under......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......managerial or administrative capacity, or
(ii) Who, being employed in a supervisory capacity exercises either by nature of the duties attached to the office, or by reason of power vested in him functions mainly of managerial or administrative nature."
13. Mr. Md. Ruhul Amin argued that s..
Category: Labour and Industrial Law | Date: | Hits: 233
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....owever, stands on a different footing and in the case of such a mistake the exercise of inherent power of a Court is not subject to those limitations on its exercise which have been set down by the judicial authorities (notified in the said decision). 4. The Supreme Court of India in the case o......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....formant Ayub Ali ran to catch hold of appellants and on reaching Tayeb Ali's shop he found that appellant Nowsher was caught by P.W. Akram, Tayeb Ali, Motleb, and there appellant Nawsher made extra judicial confession in his presence as well as in presence of those persons stating that he (Nowsher......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....n inflexible proposition that 'suspension', though purely a temporary measure by the employer or the controlling authority pending a departmental enquiry against a delinquent employee, is immune from judicial scrutiny. In an appropriate case, the Court can certainly adjudicate upon its legality and ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..Category: Employment/Service Law | Date: | Hits: 194
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......t as stated in the preamble "to provide for the regulation of the qualifications and registration of practitioners of Homeopathic system of medicine and for matters connected therewith.” One of the functions of the Board as enumerated in section 13 is to consider applications for recognition made ..Category: Others | Date: | Hits: 154
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....rsons acquitted u/s 247 Cr.P.C." 6. From the above quoted order it appears that in this case those conditions are absent and the order of the learned Magistrate betrays want of applications of his judicial mind. He passed the impugned order on the ground that the complainant was absent on calls b......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ..Category: Criminal Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......duties remuneration in addition to commission on his rent collections. However, it was alleged that the petitioner being the headman of two different Upazilas as stated above he could not perform his functions and duties for the welfare of the Naithong Mouza and as a result the people suffered to a ..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....l cases. Thus having considered the prosecution case vis‑a‑vis the defence case we are of the opinion that the defence case "fits in human nature and conduct" and on the strength of the aforesaid judicial pronouncement of the Appellate Division we are of the view that the appellants in this ease......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....levant provision of the CrPC. The special jurisdiction of this Court exercisable under section 491 of the Criminal Procedure Code cannot be invoked for questioning the legality of a detention under a judicial order of a Magistrate. The first ground of attack of the learned Advocate must fail. 7......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
.... procedure which it finds expedient for maintaining and securing the rules of natural justice. A Labour Court has to decide an application under section 34 of I.R.O. submitted by individual workers judicially and not arbitrarily; so for that purpose it will have to adopt and follow some judicial p...... held that the Labour Court cannot exercise such power of the civil Court. If we refer to section 35(5)(d) of I.R.O. we may note that the Labour Court shall exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by order under this Ordinance or under a..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... In the instant case the then Foreign Minister Dr. Kamal Hossain, Respondent No.4 executed the agreement on behalf of the President of Bangladesh; as such, it cannot be brought within the mischief of judicial review under writ of Certiorari. 7. On such submissions my learned brother expressed his...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
....e suit was incompetent. According to them, the plaint, at best, disclosed a dispute between two Ministries, which could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in ......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
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