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AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....st a Judge of the Supreme Court. If in the course of its proceeding, Parliament is found to have done any act or thing which impinges upon the independence of the Supreme Court in the exercise of its judicial functions, then Parliament cannot claim privilege under Article 78 as such a claim would re......on'ble Speaker to give such 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 a..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....cused persons after framing formal charge against them under sections 302/201/109/34 of the Penal Code. The trial court, on consideration of the evidence adduced by the prosecution including the judicial confessional statement of the accused Mokbul found this accused-petitioner Jamat and t...... 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)
....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: ......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)
....ently by 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, con......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. ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ...... advocate for the petitioner has made submissions to the effect that since the previous committee of the samity failed to run the affairs of the samity and there occurred serious mismanagement in the functions of the samity, the registration authority rightly suspended that committed and formed..Category: Others | Date: 15 Jul, 2012 | Hits: 6
....sides, conferment of this power is the fundamental pre-requisite for ensuing the rule of law as well as to find justification in establishing, maintaining and continuation of an independent judicial system in any democratic polity governed by and under the Constitution of the Republic.
......ases where this Court should not fold its hands or hesitate to order punishment for contempt to uphold the Rule of law, to show the limits within which one should stay in the course of performing its functions in and to ensure compliance of the orders passed by this Court exercising sovereign power ..
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)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
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...... 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. ..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......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
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......est in a Board which may exercise all powers and do all acts and things which may be exercised by the respondent No.1. Section 5(2) of the Ordinance states further that the Board in discharging its functions shall be guided on question of policy by such directions as may be given to it by the go..Category: Others | Date: 21 Jun, 2012 | Hits: 20
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...... 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)
....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...... 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
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 ......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
....ed over an issue as in part and parcel to the said appeal and also constitutes a Sub judice matter. That notwithstanding the respondent No. 3 without considering such aspect and not applying its judicial mind issued the impugned order which the petitioner submits is now liable to be set-aside a......ধারা শুরু করা যাইবেনা”।
28. In view of the above provisions of law, when an appeal under section 42(1) is pending before the Tribunal the Board's functions as provided by section 43(1) is clearly to be stayed under section 43(3) of the Act, ..
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."...... 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)
....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......officers distinctly, that is/the District Judge and the "District Delegates", it must be presumed that the legislature was very much aware about the appointment of two distinct persons exercising the functions under the Act. We, therefore, cannot read one person in other, that is, we cannot read the..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....... 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 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......ioner is the only teacher of Sociology in the Higher Secondary level. 18. The impugned action of the respondent No.3 leads this Court to opine that it is the duty of every person discharging the functions and duties of public office to pass orders in a clear language by sufficiently and previou..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
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......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..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......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
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