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Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)

....this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..

Category: Employment/Service Law | Date: | Hits: 196

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

.... the Officer-in-charge, Shahbagh Police Station. On 5-12-2006 at 16-30 hours police recorded the first information report without holding any investigation or inquiry as directed by the learned Chief Judicial Magistrate, Dhaka. It may be mentioned here that police stated Shahbagh Police Station Case......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..

Category: Criminal Law | Date: | Hits: 132

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......ems to me that provision of the Article does not apply to a case where an order is passed for promotion of a member of the disciplined force and, as such, orders impugned is not immuned from judicial review. But where an order is passed retiring a member of disciplined force such an order is beyond ..

Category: Employment/Service Law | Date: | Hits: 244

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ion "production capacity of plants, machinery, undertakings, establishments or installations" has been changed to "capacity of plants, machinery, undertakings, establishment or installations" and the reviewing body has been named as "Standing Tribunal" in place of "Review Board". It is stated that t..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)

....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ook lease of the same. The plaintiffs prayed for releasing the said property but that was rejected initially but ultimately on appeal the property was released from the list of vested property. But a review application is pending against that order. 4. After the closing of the pleadings issues we..

Category: Procedural Law | Date: | Hits: 82

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

.... counted as usual excluding the 20-3-83 then the adjourned date falls on 4-4-83. Be that as it may, the date of 3-4-83 might have been calculated by bona fide mistake. Entries in the Order-sheet of a Judicial Proceeding are made in the normal course of Court's business and it records facts chronolog......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...

Category: Criminal Law | Date: | Hits: 116

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....tuned without a bird’s eye survey of the history of the origin and progression of the doctrine of judicial review, for after all, we have inherited writ jurisdiction from the Common Law doctrine of Judicial Review, JR. 36. The origin of the Writs of Certiorari, Mandamus and Prohibition can be t......s engaged in performing functions in connection with the affairs of the Republic. Imbued with profound normative, he went on to say that a body need not be a statutory one to be amendable to judicial review, adding however, that the NSF is indeed a statutory emanation nevertheless. He concluded sayi..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......retary (1969 2 Ch. 149), has flared like wild fire in the old commonwealth, including it’s natal home, Britain, during the decades of 80 s and onward, so much so that more than half of the judicial review cases fall dependant on this dogma. 23. In gist, this doctrine would apply where, a repres..

Category: Civil Law | Date: | Hits: 218

Oli Ahmed Vs. State, 2012, 41 CLC (HCD)

....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..

Category: Criminal Law | Date: | Hits: 156

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......gether different thing. Unless the dam is strong, the reservoir cannot retain water. We need extremely capable, honest and independent judges, any statesmen, to handle this enormous power of judicial review in the interests of the people". Thus, while appointing judges in the higher judiciary it sho..

Category: Constitutional Law | Date: | Hits: 215

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

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

....bsolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765; Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 45......t double jeopardy. 18. Mr. A.K.M. Fazlul Haque, appearing for the Commission, at the very inception impeached the maintainability of the Writ Petition, submitting that a criminal matter can not be reviewed under the umbrella of Article 102 of the Constitution, the correct device being an applicat..

Category: Criminal Law | Date: | Hits: 133

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

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

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

....ce to quit expiring with the month ending at mid­night on the first day of the month. Here, the tenants held over and notice to determine their monthly tenancy was given on 1st Febru­ary, 1928. The Judicial Committee held that the notice was a proper notice under section 106 of the Transfer of Pro......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

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......ed in a Court of Small Causes in all suits cogni­zable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside decree passed ex parte or for a review of judgment shall at the time of presenting of the applica­tion, either deposit in the court..

Category: Procedural Law | Date: | Hits: 109

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

....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: ......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

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

....e to appeal was granted. The Commonwealth Collector of Customs for Queensland then challenged the competency of the grant of leave, before the Privy Council. It was observed by their Lordships of the Judicial Committee that if the amendment concerned more than a matter of procedure, if it touched a ......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)

....- 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. ......- 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