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State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
.... Division against the judgment of the High Court Division. 3. It is contended by Mr. Momtaz Uddin Fakir, learned Additional Attorney General that the High Court Division without application of its judicial mind acquitted the respondents despite the fact that the prosecution has been able to prove......placed before us the evidence of the witnesses and the judgments. 4. The learned Special Judge while finding the respondents guilty of the charges held that the respondents were entrusted with the functions of renewal of motor vehicle licence during the period from 12th May, 1985 to 9th December,..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....in nature, and the order of termination has been passed in accordance with law. (III) Whether, the High Court Division failed to consider that termination simpliciter cannot be interfered within judicial review since the power under which such termination simpliciter is made, had violated any......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......icer as well as the duties of the vacant post of Project Officer of Charfashion Thana Project and those of the Sreemangol Thana. The post of Project Director was also vacant and he was performing the functions of Project Director. Four posts of the Thana Project Officer were vacant and as such, the ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ficers as per the aforesaid Service Rules of the Appellate Division. The pay scale and status of the post of the Bench Officers of the High Court Division was raised to First Class Gazetted post by a judicial verdict, so the claim of the petitioner to grant him a higher pay scale as he enjoyed befor......t us now see whether the High Court Division was justified in noticing the facts and making the observations as jotted hereinbefore. In the writ petition, the petitioner categorically stated that the functions of the Bench Officers of the High Court Division being same and similar and their status a..Category: Employment/Service Law | Date: | Hits: 127
....at the Government shall constitute an Appellate Tribunal to be called the Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal which shall consist of as many technical and judicial members as it thinks fit to exercise the power and discharge the functions conferred on the......Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal which shall consist of as many technical and judicial members as it thinks fit to exercise the power and discharge the functions conferred on the Appellate Tribunal by the Act. In the section, it has also been provided ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....dly wide and may at any stage be appropriately exercised in the interest of justice, the law of limitation notwithstanding. But the exercise of such far reaching discretionary powers is governed by judicial considerations and wider the discretion, greater ought to be care and circumspection on the......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......al Committees execute vital developmental programmes within its own jurisdiction conferred upon them by statute. Municipal Committees are formed with elected and nominated members to administer the functions conferred on them by the Government under a statute and have distinct legal entities. A ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......Board of Directors of the bank, in approving the scheme. acted within its scope of authority. There is no allegation of mala fide. This Court, under Article 102 of the Constitution cannot oversee the functions of a bank being run on a commercial consideration even if all its shares are held by the G..Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....hief Justice (as his Lordship then was), made in a case between Mahmudul Islam @ Ratan Vs. State reported in 53 DLR (AD) 1, in which it has been recorded that, ''We as judges are competent to take judicial notice of the fact about the present condition of law and order situation in the country an...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
....ment providing mandatory provision that no teacher can be dismissed without the prior approval of the Thana Primary Education Committee. He further submits that this clearly, shows non-application of judicial mind of the learned Joint District Judge. He further submits that the decision of the learn...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41...
Category: Employment/Service Law | Date: | Hits: 118
....
17. In Council of Civil Service Union Vs. Minister for the Civil Service, (1984) 3 Ali ER 935, the House of Lords observed on the principle as under:
“An aggrieved person was entitled to invoke judicial review if he showed that a decision of a public authority affected him by depriving him of ......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....in dispensing with Criminal Justice that better several guilty persons should escape then one innocent suffers. The learned judge failed to appreciate this aspect of the case and without applying its judicial mind and without adverting to the facts and circumstances of the present case as stated abo......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595....... quoted below: “15. Recruitment of officers, etc.‑ The Authority may appoint such officers, employees, experts, advisers and consultants as it may consider necessary for the performance of its functions on such terms and conditions as it may determine from time to time." "25. Power to make..Category: Employment/Service Law | Date: | Hits: 125
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....ircumstances, it would be so inappropriate to adopt tests of detached objectivity which would be so natural in a Court room, for instance, long after the incident has taken place. That is why in some judicial decisions it has been observed that the means which a threatened person adopts or the force......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....n of this condition than a case-like the present- where the individual seeks the interference of the Sovereign to obtain revision of a judicial order, when he is himself engaged in setting that judicial order at naught." 9. In the case of Khalid Saigol Vs. The State, reported in 14 DLR (SC)......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ag. He submits that this is an admission on the part of the appellant and the trial Court rightly relied on that statement. The Court also found that this Ext.2 is a confessional statement, it is not judicial confession but it is an admission and he considered and took this Ext.2 in evidence under s......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
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