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Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....na Akter, an UD case was started and autopsy of her dead body was held, wherein it was found that death was due to poisoning. The learned Magistrate on receipt of the petition of complainant directed judicial enquiry under section 202 of the Code of Criminal Procedure. Such enquiry was held by anoth......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... it from its jurisdiction but also that this disposal or removal is with the object of obstructing or delaying the execution of any decree that may be passed against him and the satisfaction is to be judicial one based on some material which are to be found in the affidavit filed by the party or oth...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....o the merit of the suit in which temporary injunction is prayed for", and at paragraph 9 that "it is a discretionary power of the Court to grant or not to grant injunction. If the Court exercises its judicial discretion, the High Court is not to interfere under section 115 of the Code of Civil Proce......appeal and filed written objections denying the material averments of the plaintiffs made in the said application and giving chronological statement of fact and events with dates of the formation and functions of tile ad-hoc Committee including the date of receipt of the information of the judgment ..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....ailure of justice so as to justify interference by this Court exercising power under section 115(1) of the Code of Civil Procedure. We are satisfied that the learned Artha Rin Adalat duly applied his judicial mind into the facts and circumstances and the law bearing on the subject and committed no e......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
....and or there is nothing on record to show that on a specific or particular date the plaintiff-opposite parties were dispossessed from the suit land although both the Courts below without applying its judicial mind to this vital aspect of the case mechanically decreed the suit with a direction to han......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....for leave to appeal bearing No.167 of 2006 and sought for stay of operation of the judgment and order dated 15.06.2006 passed by the High Court in Criminal Miscellaneous case No.4636 of 2006 till the judicial Magistracy is replaced in place of Executive Magistrate apprehending that the accused party......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
..... Nawaz further submits that the creation of the Commission under the impugned Ordinance was malafide and as untenable precedent for the law of the land. He pointed out that a substitute or alternate judicial system could easily be cited as a precedent to a substitute or alternate legislative system......in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to public officials for the performance of their functions and the possibility, when necessary, of effectively investigating, prosecuting and adjudic..Category: Constitutional Law | Date: | Hits: 264
....deemed to claim under the persons so litigating. (underlined by us)
18. Object of the principle of res judicata under section 11 of the Code of Civil Procedure is generally to impart finality to a judicial decision. After final decision of a case that cannot be reopened for fresh adjudication
......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......the Board may by general or special order put a limit or condition on the exercise of such power and the performance of such duties as it may consider proper.
(2) VAT authorities shall perform all functions relating to determination and collection of value added tax, supplementary duty and turn o..
Category: Fiscal/Taxation Law | Date: | Hits: 138
....Election Commissioners themselves.
Relevant Facts:
34. The facts in this case are admitted. The petitioner Nos.1 and 2 belonged to the Civil Service while the petitioner Nos.3 and 4 were in the judicial service. All of them were in the service of the Republic and the Bangladesh Service Rules a......intment as Chief Election Commissioner but shall not be otherwise eligible for appointment in the service of the Republic.
(4) The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law.
(5) Subject to the provisions ..
Category: Employment/Service Law | Date: | Hits: 99
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......e preferred."
35. Besides, the rules, order, regulation, etc made under a statute are made to carry out the purpose of the statute. Such subordinate legislation is made by prescribed authority and functions under the umbrella of the statute. But such rules, order or regulation cannot be said to b..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
.... Bank & Others reported in 1984 BLD (AD) 242, at paragraph 62, page 257 thus: "As regards the liability of the guarantors to repay the loan, the contention of Dr. Kamal Hossain appears to have judicial support from the decisions cited by him which show that the guarantor is seen not only resp......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y give rise to what is called “legitimate expectation”, that is, expectation of a kind which the Court now enforces. Legitimate expectation gives the application sufficient “locus standi” for judicial review and in most cases, the legitimate expectation is confined to the right of a fair hea......almost all the service benefits like the regular Biman employees and, as such, they should be regularized as per the recommendations of various inquiry committees for efficient performance of their functions. Against this backdrop, the Biman authority is legally mandated to regularize the petiti..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....asan Mahmood Tuku. Sanction under section 169 and 171(2) of the Income Tax Ordinance, 1984: Wherein it has been held that "The process of sanction is an administrative act and is not subject to any judicial scrutiny. Since the Chairman of the NBR is an inseparable and essential constituent part fo......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....ght of inheritance to the office of Mutwalli. But the office may become hereditary by customs in which case the customs should be followed. Now, how the court will be guided has been laid down by the judicial decisions over the years in the subcontinent. 17. “Where there is a vacancy in the off......ed to himself the function of the Civil Court in determining the question of competency between the two claimants. The remarks are definitely unfair, inasmuch as, the Administrator in discharging his functions relating to the administrator and management of waqf properties in Bangladesh is required ..Category: Trust/Waqf Law | Date: | Hits: 188
....approach this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable or not in the circumstances of a given case to gra......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ove that it is a tragedy when public agencies flout their own laws and then chase the people for violating the law to justify the failures of their so-called development projects. In such situations, judicial review of administrative action would be effective in upholding rule of law.” 77. Judi......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......thin the area comprising Kalai, Zindapur, Punat, Udaypur and Matrai Union of Kalai Police Station (Annexure-B). 7. The further case of the petitioner is that the petitioner has been performing his functions and discharging his duties as Nikah Registrar of the aforesaid five Unions with good reput..Category: Civil Law | Date: | Hits: 90
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
.... Corruption. Heard the learned Advocates and perused the record. From the reading of the FIR we find that the name of the petitioner No.3 does not appear therein. Now the law is settled by several judicial pronouncements of this Court that in exercise of its inherent power under section 561A of t......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
....tee member of Mujibbadi Chhatra League was found in his house. The said Obaidul Qader had returned from India a few days prior to the arrest and was given shelter thereby the detenu for organizing prejudicial and anti-stale activities. Besides, Swapan Kumar Saha, another conspirator of Mujibbadi C......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
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