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Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....y remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. 21. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal home. E...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....g 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 or under the ......had no concern with the questions of placement of an enterprise under it or its withdrawal is bound by the notifications issued by the Go­vernment, leads us to the consideration of the nature of the functions of the Corporation and its position vis-a-vis the Government in relation to an industrial ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

.... petitioners submits that the reasons for delay having been satisfactorily explained, the Appellate Tribunal erred in law in rejecting the said application for condonation of delay in exercise of his judicial discretion as the reasons have been sufficiently explained for the cause of delay. 3. Th......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 79

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ...... Municipal or a City Corporation is to render services, in various forms, to the city dwellers. Only section 139 empowers the Corporation to undertake commercial or business enterprise but even those functions are in connection with the development functions of the Corporation appearing in Chapter x..

Category: Labour and Industrial Law | Date: | Hits: 201

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....Police named Abdur Razzaque, attached to Po­lice Station Kotwali, Dacca lodged a first infor­mation report on 5-2-1974 alleging that having got an information that some forged and coun­terfeit non-judicial stamps were offered for sale by some persons near the court building at Dacca, he rushed to......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...

Category: Criminal Law | Date: | Hits: 76

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....ct and also did not reverse the clear findings and decisions of the last court of fact by assigning proper reasons. The learned advocate has argued also that the High Court Division did not apply its judicial mind in coming to a decision as to actual character of the transfer in question, that there......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..

Category: Property Law | Date: | Hits: 93

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....half of the State of U.P. to support the impugned action as reasonable and non-arbitrary. The impugned circular must, therefore, perish on the ground of arbitrariness which is an available ground for judicial review in such a situation.” “In our view, bringing the State activity in contractua......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 155

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....ger as a raiyat but holds it only as a proprietor or a permanent tenure-holder. It necessarily follows that the under-raiyats are automati­cally promoted to the status of raiyats. This view received judicial recognition in Ram Charan Sutradhar Vs. S.M. Makhan, 38 CWN 1976, and it was followed by a ......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..

Category: Property Law | Date: | Hits: 85

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....on and settle all the questions involved in the suit, be added. In dealing and considering the application both under Order 22, rule 10 or Order 1, rule 10(2) the court has to exercise the discretion judicially and also in consonance with the fundamental principles of judicial procedure. 13. On p...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....o issue passport to an applicant. It is true that there is no provision for issuance of any notice to an applicant in case of refusal to issue a passport on the basis of his application. But from the judicial pronouncements of this Court and the Superior Courts of the Sub‑continent it has been set.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......rdinarily function excluding the day of holidays and vacation, etc. As regards the working day of a Court the normal and natural meaning would be those days of the Court on which the Court ordinarily functions, is not closed on account of holidays or vacation. So working days of the Court necessaril..

Category: Procedural Law | Date: | Hits: 80

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

.... the parties but is a question of fairness and natural justice also. 21. Now, the relief under section 22 of the Specific Relief Act is no doubt discretionary, but the discretion must be exercised judicially in the facts and circumstances of the case. The learned Advocate therefore contends and i......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...

Category: Procedural Law | Date: | Hits: 129

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

.... the contrary the legal pleas taken by learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. 22. In view of the discussions made above and the preponderant judicial vies emerging out of the authorities referred to above, I am of the view that the impugned ......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....service of the Republic. In course of hearing of the Writ Petition and on being asked by this Court to refer to the constitutional scheme and structure, Mr. Asaduzzaman has candidly conceded that the judicial officers are not constitutional functionaries. So the question of placement of the District......n a democracy such as ours, the Executive, the Legislature and the Judiciary constitute the three pillars of the State and by such a conception, it is intended to be conveyed that the three essential functions of the State are entrusted to the three organs of the State and each one of them in turn r..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

.... moral sense and is not even justice accordingly to natural law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order, judicial or otherwise without a hearing before an independent authority not interested in the procee......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

.... an appeal filed under section 119 of the Municipal Administration Ordinance, 1960 acts not as the “Controlling Authority” but as the ‘Appellate Authority’ and performed his function as quasi-judicial body. Any persons aggrieved by the decision of the Appellate Authority was competent to mov......g Authority is a creature of the statute and exer­cises dual control over the Municipal Committee, but is not a part of the Munici­pal Committee itself. The Controlling Autho­rity has two distinct functions, namely, ad­ministrative and appellate. He further sub­mitted that the Additional Commis..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....observed on review of a number of decisions of the Pakistan Supreme Court "that the principle of natural justice requiring hearing to be granted to a person before being condemned applies not only to judicial or quasi-judicial proceedings but also to administrative proceedings provided the relevant ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......all extend beyond the completion of the fifty eight year of his age: Provided further that where after the commencement of this Order, a public servant actually continued in ser­vice or performed functions of his office after the completion of the fifty-fifth year of his age either on the basis ..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......he function of the Corporation and Article 5 mentioned the authorised share capi­tal of the Corporation. Article 8 provided for the constitution of the Board and Articles 9-19 dealt with the powers, functions, etc. of the Board. Article 26 (e) provided that all officers and other employees shall un..

Category: Employment/Service Law | Date: | Hits: 123