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Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....ch is binding upon this Court. 21. It is important to note that there is world of difference between ''obiter dictum'' and 'ratio decidendi''. Obiter dictum is a judicial comment made during the course of delivering a judicial opinion which are not precedential ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....our of Mrs. Jahanara Abedin. In view of the fact, that the likeliness of practicing fraud upon the court/s in obtaining both the judgment and decrees cannot be brushed aside, this Court opines that a judicial inquiry should be held with a view to investigate into worries of this Court as to the genu......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... area in which he is for the time being and when so exercising such powers shall subject to any such orders as aforesaid, be deemed to be an Officer-in-Charge of a police station discharging the functions of such an officer within the limits of his station. And pursuant to the provisions o..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....pellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall binding on all courts subordinate to it. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court......... (26) Lawyers Involved:......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... persons were not given proper opportunity to offer their explanations as to the guilt for which the convict-appellants have been prejudice. So, I find that the learned Judge has not applied his judicial mind in passing the order of conviction and sentence, as, such, the same is liable to be se...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....case and, as such, he was declared hostile. P.W.5 was the driver of the Police personnels. 36. We should bear in mind, credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question o......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Kamal Vs. State, 2012, 41 CLC (HCD)
....ise, from which, it appears that this petitioner has been entangled with this case out of enmity. He has further submitted that the learned Judge of the trial Court has completely failed to apply his judicial mind in passing the impugned judgment and order of conviction and sentence, as such, the sa......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......an independent commission for the purpose of development and efficient regulations of telecommunication system and telecommunications service in Bangladesh and for the transfer of the powers and functions of the Ministry of post and telecommunication to the Commission and matters ancillary ther..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....act, was served according to the provision of the Ordinance, 1985 for handing over or taking over the disputed building. According to section 114(e) of the Evidence Act, it is to be presumed that judicial and official acts have been regularly performed. 21.It has been now well settled by di......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....together for hearing and disposed of by this single judgment. 2. In Writ Petition No.5073 of 2012, the petitioner challenges a decision and order dated 6-3-2012 passed by Review Panel-2, a quasi-judicial body constituted under Section 30(3) of the Public Procurement Act, 2006 (hereinafter refer......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......permanent in the respective posts. 18. The High Court Division considering the provisions of sections 4(1) and (2) of the Act, 1965 further held that the petitioners being workers and their functions not being of clerical nature, their period of probation shall be 3(three) months including..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....ustified to reject the prayer on the ground that such course would delay the disposal of the suit. The learned Advocate-on-Record has lastly submitted that the High Court Division failed to apply its judicial mind in the facts and circumstances of the case in sifting the evidence on record, particul...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....mity with law that require reconsideration. The doctrine of precedents has become a part of our law. And precedents are given a constitutional sanction by Article 111. The binding nature of judicial decisions is derived from statutes or conventions. It is observed by Shelat, J in Shama Rao......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....r arbitrary or irrational or by exercise of abuse of power, the court will not interfere. If the policy cannot be faulted on grounds of arbitrariness/or irrationality or perversity or mala fide, judicial interference is impermissible even if it hurts the business interest of a party. Court c......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... to refund the deducted Advance Income Tax (AIT) to the petitioner, which may be raised for consideration and an appropriate decision can be arrived at. 26. Here it is beneficial to refer to the judicial pronouncement of the Supreme Court of India in State of UP v Bridge & Roof Co. (India) ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....arrested in the case. The learned Metropelitan Magistrate directed for production of the case diary and fixed 8th October, 2009 for passing necessary order, and sent the accused-respondent into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....se and no occurrence took place on 07.06.1999 as alleged, since Mosonullah died a normal death before 22 years. 4. The complainant filed Naraji petition. The learned Magistrate sent the case for judicial inquiry to the learned Magistrate, 3rd Class, who after inquiry sent report on 14.05.2002 t...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
.... out of the room and went to the Chairman of the locality and informed the matter to him and in the morning he went to the Meherpur police station and lodged the FIR. The police came and on the extra-judicial confession of the accused police arrested the accused-appellant for committing the murder o......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9