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Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... held so. 19. In the context, we are constrained to observe that before issuing Rule on an application under article 102 of the Constitution, it is the duty of the Court exercising the power of judicial review to see that in filing the application, the relevant rules of High Court Division Rul..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....57 DLR (AD) 155 is discernible, therefore, not applicable in the instant case. 20. In view of what has been stated above, we find that the impugned orders have been passed without application of judicial mind to the facts and circumstances involved in the case as such are not sustainable in law..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....nfessional statement made by another co-accused. In the case in 39 DLR (AD) 195, mentioned above/on the basis of confessional statement one Nousher Ali (who made two confessional statements one extra judicial and another judicial) names of Nuru and another Jalil were disclosed by Nousher in th..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
....n filing the appeal were stated very clearly and elaborately; The learned Deputy Attorney General has alleged that the learned judges of the Administrative Appellate Tribunal did not apply their judicial mind and without going through the application for condonation of delay at all most ar..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... and non-action on the part of convict-appellants to rescue and save victim Trisha in spite of her offering imploration to save had been well established by clinching and credible evidence of P.W.-3, judicial confessional statements of convict-appellants, other evidences and facts and circumstances ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....t has been categorically observed, inter-alia. "Action taken by the Government regarding matter already before a Court for adjudication in which the government is a parry is an affront to a judicial proceeding and is an attempt to pre-empting a judgment not to be condoned in any way."..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....a as a "District Delegate." From a reading of the various provisions of the Act such as sections 2, 265, 272 and 286 it appears that the legislature has made sharp distinction between the two sets of judicial officers: the District Judge and the "District Delegates." In section 2 of the Act which ma..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....pm and when police on duty tried to rescue the said injured man the detenue along with others threw hand bombs, cocktails, brick, bats etc to the police and created lawlessness in the area causing prejudicial activities and they also damaged several vehicles namely, Motor cars bearing Nos...Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....e orders of termination were "arbitrary high handedness and cannot be justified simply on the plea that it is terminations simplicitor and does not attract any stigma" are based on non-application of judicial mind. In the absence of foundation, it is argued, the observations of the High Court Divisi..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....gistrate. It appears from orders of the learned Magistrate, it clearly transpires from the order sheet that the learned .Magistrate being biased has passed all these orders beyond all the norms of judicial system. Thus it clearly appears that the entire proceeding is a product of concocsious, co..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....actual context; e) the summary rejection of the writ petition in the circumstances is contrary to established norms of constitutional jurisprudence; and f) the mode of exercise of judicial power by the High Court Division is manifestly erroneous and amounts to a denial of access ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....sult: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ction money within 10-04-2004. Then the sale was confirmed on 10-04-2004 on payment of the entire auction money by the auction purchaser-petitioner. On 11-05-2004, the auction purchaser submitted non-judicial stamp with a prayer for an order for preparation of sale certificate and to register the sa..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....in House Rent Control Case No.1 of 1991 and order dated 13-6-1992 and the order dated 13-6-2010 passed by the learned Senior Assistant Judge, in the said House Rent Control Case and prayed for taking judicial notice upon those facts. 12. Mr. Bhuiyan, submitted that the plaintiff being the absol..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....dered the materials on record and after hearing the learned advocates appearing from the both sides, we hold that the learned Joint District Judge passed this judgment and decree without applying his judicial mind as such, we are inclined to interfere with the same. We therefore find merits in this ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
.... the action of Dhaka City Corporation allotting temporary shops to the hawkers on the foot paths adjacent to the Dhaka New Market, who are admittedly the unauthorised occupiers, within the purview of judicial review of this Court exercising jurisdiction under Article 102 of the Constitution. Th..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2