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Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....allegation of misconduct of the Umpire, the above findings of the trial Court has been arrived at without looking into the aforesaid relevant materials and thereby the trial court failed to apply its judicial mind and committed error of law in making the award a Rule of the Court without any basis. ......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201....... of the Ordinance provides for selection of an acting Chairman, which runs as follows: "Section 16(1)—If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the U..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....he accused to face trial. The observation of learned Additional Sessions Judge that witness Ashraful Huq out of emotion made allegation against accused Mofizur Rahman is based upon non-application of judicial mind in that besides Ashraful Huq, the informant also made specific allegations against Mof......ful purpose and on the contrary involved a great deal of in fructuous work causing delay in the trial of serious cases and that provision is made in the new section for performing certain preliminary functions like granting copies, preparing the record, notifying the public prosecutor, etc. It was f..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....oner is not entitled to any relief. If the order of cancellation stands he is prejudiced in two ways, Firstly, there is the ignominy of a charge that the petitioner is guilty of something which is prejudicial to the security of public peace and secondly, his chances of procuring a fresh licence are ......and Mr. Anwar Hossain was performing as the publisher for the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharged the functions as editor-in-charge during the period of absence of the Editor, Mr. Anwar Hossain. This le..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....re devised to advance justice and not to frustrate it. In our view the High Court should not have adopted such a rigid approach which certainly has led to miscarriage of justice in the case. Power of judicial review is discretionary but this was a case where the High Court should have exercised it. ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....ew law is such that offences committed at the time of the existence of the earlier law will be tried in accordance with that law as if the old law had not been repealed. He further submitted that the judicial discipline will breakdown if further consideration is given to the facts of the case and th......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
.... In the facts and circumstances of the case and the materials on record, we are of the view that the learned Subordinate Judge erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and the law bearing on the subject and th......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....nstrued to the benefit of the citizen and it is imperative upon the authority to issue a show cause notice against alleged evasion of tax under VAT Act. It is now settled principle of law through the judicial pronouncement that even in the absence of any provision in the Act itself, the provision of......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....rence to the observation made by Lord Ried in the case of Wiseman Vs. Bormeman. Lord Ried said: “It is, I think, not entirely irrelevant to have in mind that it is very unusual for there to be a judicial determination of the question whether there is a prima facie case. Every public officer who...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......nt” will include any person in the service of a local authority. According to Mr. Islam, the petitioner is not a public servant as defined in section 2(d) above because BSTI, not being charged with functions of self government and not having power of imposing taxation and of maintaining and admini..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....ing articles were likely to endanger life or cause serious injury to person or property in danger. He thereafter submits that there is no evidence against the accused petitioner save and except extra judicial confession of a co-accused namely, Al-Amin which has got no evidentiary value against the a......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....y independent liability regarding the control and possession of the fire arms we find the findings the trial court while rejecting the impugned order rejected the prayer for bail without applying the judicial mind. 3. We find merits in the appeal. 4. In the result the appeal is allowed and the...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 51
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....espondent no.1, the purported facts put forward for consideration through the writ petitioner are so highly contentious that they cannot be resolved without examination of evidence, not possible in a judicial review proceeding. The subject matter of the writ petition falls within the exclusive domai......Union of Post Office Workers 1978 AC 435). 46. The legal position in our part of the world does not reveal any divergence. 47. The generalized argument that Constitutional attributes, powers, functions, and immunities in the nature of Government Prerogative, particularly those dependent upon..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ...... the 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.” Section 4 runs as below, “..Category: Criminal Law | Date: | Hits: 78
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....ed Court of appeal below about any sufficient cause justifying the default of the appellants. In the facts of the case, I am constrained to find that the learned Subordinate Judge failed to apply his judicial mind into the facts and circumstances of the case and the law bearing on the subject. The S......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....re is absence of jurisdiction, the decision in the matter is a nullity and no waiver or consent by the parties can confer any jurisdiction. The proceedings under section 22 or 34 of the Act are quasi-judicial in nature and the aforesaid principles will apply to the present case. We have already foun......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
...., however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced." 18. This Court further held:- "Now we c......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
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