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Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ltimately charge‑sheet was submitted on 23.4.1987 against only one accused named Jharu Meah and final report was submitted against the petitioners. After being apprehended accused Jharu Meah made a judicial confession before a Magistrate admitting that he was a member of the Sharbahara party and h......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....mitted to mention to the confessioner i.e. the condemned prisoner that irrespective of the facts if he confessed or not, he would not be handed back to the police custody and that he would be sent to judicial lock tip and since this caution was not given to the condemned prisoner the influence of th......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....udge, the High Court Division either in the form of certiorari or in the form of mandamus under Article 102 of the Constitution shall question the legal basis for taking such actions. The established judicial norms are for academic matters, the Court should be very much slow to interfere with the ad......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....se. This objection of Mr. Abdul Hossain is merely a technical one which has no legal basis at all. Mr. Abdul Hossain has just made such a submission, but he is unable to substantiate it by citing any judicial pronouncement in his favour. As such this objection of Mr. Abul Hossain is of no substance.......e, to acquire, hold and dispose of any property and shall, by the said name, sue and be sued. Section 21(12) provides that it can be a member of the Stock Exchange in Bangladesh and undertake all the functions of a member. Section 21(17) provides that for the purpose of, and in matters relating to, ..Category: Company Law | Date: | Hits: 208
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......ii) The petitioner being Upazila Accounts Officer is the chief functionary of the Accountant General (Civil) at the Upazila level and will be responsible to the Accountant General in carrying out all functions of the Upazila Accounts Officer. 4. It is further stated in the application that the sc..Category: Criminal Law | Date: | Hits: 104
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....gal. It is interesting to note that the Labour Court having had declared the lay‑off notice illegal directed the petitioner to pay the lay‑off benefit, etc. This shows that it failed to apply its judicial mind in passing the order impugned on due consideration of the facts and the provision of l......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......icate for Commencement of Business and the Memorandum and Articles of Association of the company may please be submitted to us within one month from the date of commencement of the Company. 5. The functions which may be undertake by the investment company subject to compliance of relevant Rules a..Category: Criminal Law | Date: | Hits: 125
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....ed Mehdi Hussain reported in PLD 1970 (Lahore) wherein it was held: "The principle of natural justice, namely, audi alteram partem has, by now, been firmly established by the force of precedent in judicial system of Pakistan. There are innumerable pronouncements by the superior Courts particularl......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....hearing the matter by his order dated 12.9.90 found that the victim girl being a minor and incapable of exercising her free will would go to the custody of her father, in default, she would remain in judicial custody. Accused Fakhrul Islam alias Liton was, however, granted bail. The accused party mo......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......siness and includes a federation of two or more trade unions. The union must be composed of workers and workmen because it excluded persons employed in managerial or administrative capacity and those functions are of managerial and administerial in nature. 11. Under the definition clause of the I..Category: Labour and Industrial Law | Date: | Hits: 204
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....lept with the victim and the informant on the same bed on the fateful night of occurrence. I. Whether the High Court Division passed the impugned judgment and order of acquittal by non-application of judicial mind, inasmuch as, there are sufficient corroborative evidence of P.Ws.1, 3, 4, 8 and 9 in ......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..Category: Criminal Law | Date: | Hits: 71
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......rtion of the petitioner are full of substance. Even then this Court cannot again on well‑settled principles turn itself into a trial Court and pre‑empt the trial by a process of usurpation of the functions of the trial Court. In that case where the accused MG Towab had been proceeded against for..Category: Criminal Law | Date: | Hits: 98
....t the first question that the Court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the Court. It was further observed that a person seeking judicial review of administrative or quasi‑judicial action must show that he has a direct personal......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
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Category: Constitutional Law | Date: | Hits: 246
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e impugned judgment. Learned Deputy Attorney General submitted that the writ petitioners by suppressing material facts filed the writ petition and the High Court Division without application of judicial mind made the rule absolute in failing to consider that the writ petition itself is not mai......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ..Category: Employment/Service Law | Date: | Hits: 58
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206........ 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....urn, initiate criminal proceedings, in appropriate circumstances by resorting to section 203 of the Act. It is further observed that the Registrar is in certain matters only required to perform quasi judicial function but it has exceeded the jurisdiction in entertaining the application. 6. It is ......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...Category: Company Law | Date: | Hits: 175
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....h which they stood charged. It may raise a suspicion, which however strong, cannot be the basis of conviction. 28. It is sometimes difficult for Court to arrive at real truth in criminal case. The judicial process can only operate on firm foundation on actual and credible evidence on record. Mere......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ged with cost. 18. It has been stated that there is no bar in law to convert the Board into company. The BTTB was converted into BTCL for the sake of public interest and for the purpose of better functions efficiently according to law as laid down in Article 136 of the Constitution of Bangladesh..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....circumstances set out above fact. With this regard reliance can be placed in the case of The State Vs. Basirullah reported in 16 DLR 189. 21. In view of discussions made above and the preponderant judicial views emerging out of the authorities refer to above we are of the view that the prosecutio...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
....rt this fact by some witnesses appears to be nothing but mere subsequent embellishment to suit their purpose. 16. Thus, we are inclined to hold that the learned Sessions Judge failed to apply his judicial mind in appreciating all the above pertinent aspects of the matter and without having based...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
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