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AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ch Ruling against the institution or person being the Supreme Court or judge thereof. They submit that making such observations the Hon'ble Speaker has usurped the powers and functions of the Supreme Judicial Council basing on hearsay and no more reliable source than print and electronic media, with...... Hon'ble Speaker, apparently because of the infusion of erroneous information, we are putting the misunderstood facts right and expressing our expectation as to sub-judice matters. Let this matter be reviewed again on 09.07.2012, when the Respondents shall intimate us about further developments.” ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....his sentence of death may be commuted to one of imprisonment for life. There is no scope for showing mercy in a Court of law. But it is not out of place to quote a few lines from “The Nature of Judicial Process by Benjamin Cardozo” as under: “There is an old legend that on one......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......order dated 28th October, 1996 directed for recording the said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ petitioners then sought for judicial review of the said order in the High Court Division. The Secretary, Ministry of Lands, contested th..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... at present Joint District Judge, Mymensingh and was heard and the appeal was dismissed by the judgment dated 1-6-1998. Petitioner on the wrong advice of the learned Advocate of Mymensingh Bar, filed review petition being review Case No.19 of 1998 for reviewing the judgment and decree dated 1-6-1998..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ...... (Special Provisions) Ordinance, 1979 on the ground of negligence of duty. He then preferred an appeal before the higher appellate authority which appeal was dismissed. Thereafter, he preferred a review petition which was also rejected. He then moved the High Court Division a writ petition. The..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ned provisions of the Ain, 2003. In the context, we feel it necessary to reiterate the statement of law that when there is an alternative forum provided by a Statute, here the Ain, 2003, the power of Judicial review under article 102 of the Constitution of the People’s Republic of Bangladesh can n......sions of the Ain, 2003. In the context, we feel it necessary to reiterate the statement of law that when there is an alternative forum provided by a Statute, here the Ain, 2003, the power of Judicial review under article 102 of the Constitution of the People’s Republic of Bangladesh can not be inv..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... 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 Rules are fo..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....th the local Nababganj police Station which gave rise to Nababganj PS Case No.9 dated 9-11-2011 under sections 395/397 of the Penal Code. 33. Police produced the hauled up dacoit before a Senior Judicial Magistrate the next day. Abdul Karim made a confessional statement before the Magistrate. I...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..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)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......d this instant civil petition for leave to appeal before this Division. 8. Mr. Azizul Hoq, learned Advocate, appearing on behalf of the leave petitioner, submits that the petitioner filed a review before respondent No.1 herein against the appellate order according to the newly inserted Sec..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......and this Division by the judgment and order dated 18.04.2006 dismissed the same, but subsequently in Civil Review Petition No.61 of 2006 filed by the Bangladesh Biman Corporation and others seeking review of the said judgment and order dated 18.04.2006 this Division by the judgment and order dat..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......eview Petition No. 45 of 2012. (From the judgment and order dated 14.02.2012 passed by this Division in Civil Appeal No.27 of 2011). Judgment Syed Mahmud Hossain J. - This petition for review arises out of the judgment and order 14-02-2012 passed by this Division in Civil Appeal No.27..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....pellants tried to create a smoke screen with respect to their age. Such effort transpires to have been made only to hide the real age of convict-appellants and to engender doubt in the mind of Court. Judicial system cannot be allowed to be taken ransom by having resort to imaginative and concocted g......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..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)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......d for an appeal under the Code of Civil Procedure, 1908. (3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......." This clearly refers to the plenary power of the High Court Division of the Supreme Court under Article 102 of the Constitution for maintenance of the supremacy of the Constitution by judicial review. In Khandakar Delwar Hossain Vs. Bangladesh Italian Marble Works Ltd, 2010 BLD (Spl) 1 at pag..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5