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....ch is impugned in this application was passed while the detenu was still in custody and as such, there was no reason for the detaining authority to hold that the detenu was likely to indulge in “prejudicial acts” as defined in section 2(f) of the Special Powers Act, 1974. Moreover, when this cou......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
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Category: Criminal Law | Date: | Hits: 69
....ect which the Founding Fathers bad in view, was to ensure independence of the High Court”.
14. Considering the provision of section 16 of the General Clauses Act and also on consideration of the judicial pronouncements as mentioned above, we are of the view that the Chancellor who has got power......r words, it is a necessary adjunct of the power of appointment and is exercised as an incident to, or consequence of, that power, the authority to call such officer into being necessarily implies his functions which their exercise is no long necessary, or to remove the incumbent for an abuse of thes..
Category: Employment/Service Law | Date: | Hits: 158
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....rdship was then) I am unable to make departure from the principle laid down therein. Thus, the contention of Dr. Ahmed Hossain in this regard is upheld. The appellate Court below without applying his judicial mind to the order appealed before it confirmed the same holding the petitioners liable for ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....f such power. He has also read before us a passage from the book "Law of Damages and Compensation" by Sree Kameshwar Rao, (5th Ed) at page 445 on this point. As we propose to rest our decision on the judicial pronouncements we refrain ourself from referring to those passages in our judgment. 11. ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
....ention, this Court has to satisfy itself that the person need be detained in preventive detention curtailing his fundamental rights. Such satisfaction of the Court must be objective satisfaction i.e. judicial satisfaction, on scrutiny of materials available against him in the record.
8. Under sec......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
....rnment to curtail the jurisdiction of any Union and declare any part of it as an urban area and thereafter include the said area in a Pourashava.
20. In view of the aforesaid provisions of law and judicial pronouncements the government is empowered to extend, curtail or otherwise alter the areal ......resaid Act is that it gives unfettered power to the Government to "pick and choose a person at its sweet will and appoint him Nikah Registrar and give him unlimited aerial jurisdiction to perform his functions in the absence of guideline of the legislature. The unfettered power allows the respondent..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......he University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petitioner was performing his functions as the Chairman of the Department of Library and Information Science in the University of ..Category: Employment/Service Law | Date: | Hits: 60
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....e appellate Court, if it thinks additional evidence to be necessary, to record its reasons, and to take such evidence in the interest of justice. It is true that his discretion must be exercised in a judicial manner and a purely arbitrary or capricious exercise of this discretion is liable to be set......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....al Abu Saleh Mohammad Nasim (Reid) Vs. Bangladesh 1998 BLD (AD) 251 = 51 DLR (AD) 101, Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others 4 BLC (AD) 257. Secondly, since a judicial proceeding is pending against the petitioner, under section 10 of the Public Servants Retir......e head of the civilian government and as a fountain of justice, he was the First Magistrate of his Realm and used to run his kingdom by Royal Decrees and the prerogatives. In short, all the four main functions of the kingdom were fused in the Sovereign. Besides, the King as the Defender of the Faith..Category: Employment/Service Law | Date: | Hits: 148
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....eged that the complainant learnt that the accused petitioner created a false document on the said signed paper. 3. The learned Magistrate examined complainant on solemn affirmation and directed a judicial inquiry. On receipt of the report of the judicial enquiry, the learned Magistrate, took cog......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....e than as an Additional Judge shall not, after his retirement or removal therefrom, plead, or act before any Court or authority or hold any office of profit in the service of the Republic not being a judicial or quasi‑judicial office, or the office of Chief Adviser or Adviser." 4. The main cons...... disqualified. If any person who is constitutionally disqualified is elected as President, it will touch and affect each and every citizen of Bangladesh because he is the head of the State performing functions under the Constitution and law for the country. So, we hold that the petitioner Mr. Abu Ba..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....e locus standi of petitioner no. 1 it has been claimed that it has sufficient interest in the matter in dispute hence, is qualified to be a person aggrieved and as such, it can maintain an action for judicial redress on the ground of violation of law and on environmental issue. However, the words ......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....ration that h respondent Nos. 7 and 8 being Magistrates have no legal authority to do the executive nature of work the seizure and impounding of the petitioner's goods except in the canteen through a judicial proceeding in an appropriate manner and through judicial process. The petitioner further pr......Court Division may, if satisfied that no other equally efficacious remedy is provided by law. (a) on the application of any person aggrieved make an order. (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doi..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... said Act explaining a reasonable cause for delay in filing the appeal. 15. In the case of Brij Indar Singh Vs. Kanshi Ram and others reported in 44 Indian Appeals (Privy Council) at page 218 the judicial committee of the Privy Council at the beginning of this century, had occasions to examine a......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......unal. Its duty is to see whether a particular order of punishment has been made according to law, namely, whether the requirements of section 18(1) of the Standing Orders Act have been fulfilled. Its functions are in the nature of a revision." 10. The finding of the Domestic Tribunal in the prese..Category: Labour and Industrial Law | Date: | Hits: 172
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....le any written statement in controverting or denying the assertion made by the petitioner. But the Court of Settlement without considering the facts and circumstances of die case and without applying judicial mind passed an order dismissing the application by its judgment and order dated 5.4.87 vide......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......t Division may, if is satisfied that no other equally efficacious remedy is provided by law: (a) on the application of any person aggrieved make an order. (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doi..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ned Ordinance is not inconsistent with any provision of the Constitution and it is ultra vires of the Constitution and is a valid legislation and that Articles 9 and 11 of the Constitution are not judicially enforceable. The repeal of law or Ordinance is always permissible under any Constitution...... be ensured". Two consecutive elections were held under the Ordinance. The last election was held in March 1989 in which the petitioners were elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete..Category: Constitutional Law | Date: | Hits: 461
....d on proper appreciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......of the College. The petitioner in collaboration with the influential leaders of the locality forced the principal Mr. Ashraf Ali to tender resignation. The Ex-Principal successfully performed his functions as the Principal for about 26 years. There were two selection committees. The 1st selectio..
Category: Employment/Service Law | Date: | Hits: 108
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