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Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....t these principles of natural justice are it is not possible to lay down with any exactness, but Hamoodur Rahman, J. has pointed out in the aforesaid case that "Nevertheless, the general consensus of judicial opinion seems to be that in order to ensure the "elementary and essential principles of fai....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....eedings except insofar as provided by this Act." (emphasis supplied) 16. But we could not find any Bengali words or phrase, the underlined English words 'files a legal proceeding in a Court' and 'judicial authority' in the English reading were translated from. Applying the principle for interpre......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....tements or any seizure list as evidence, how the Court will use the same as evidence is not clear to us. 26. The general rule of Criminal Jurisprudence is that the best evidence must be given in a judicial proceedings, no evidence will be received which is merely substitution in its nature so lon......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......ditions under Article 133 of the Constitution (vide Annexure‑'C' to the writ petition) that the post of Appraisers and Inspectors are distinct and separate from each other. Their nature of duty and functions are different. These posts cannot be grouped together in two categories without amalgamati..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
.... it crept in by reason of an oversight on the part of the Court, is not a circumstance which can affect the exercise of jurisdiction of the Court to review its decision. 8. It has been held by the judicial committee in Chhajju Ram Vs. Neki, AIR 1922 P.C.112 that the expressions "any other suffici......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....n and on insertion of section 438 provision for Anticipatory Bail with positive condition had been made. In our although Provision for granting anticipatory bail has not been made in the Code through judicial pronouncements but scope and law of Anticipatory bail have been set out. In State Vs. Abdul......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Category: Criminal Law | Date: | Hits: 41
Category: Employment/Service Law | Date: | Hits: 72
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ubmitted that the President of the Republic being the President of the Bangladesh Red Crescent Society having passed the impugned order the same being sovereign act do not come within the mischief of judicial review of the High Court Division and as such the rule is not maintainable and the Banglade......itution. Any provision of Red Crescent Society could not be placed showing immunity from any process under Article 102 of the Constitution. Article 9C (2) (b) reads as under: (b) all powers and functions of the Executive committee or Managing Board, as the case may be, shall, during the period..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..Category: Criminal Law | Date: | Hits: 55
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....of section 493 of the Penal Code in convicting the accused petitioner, being carried away by an emotional approach to a legal question. 14. Law requires that a Court or a Tribunal adjudicating any judicial matter before it must administer justice according to law end must not allow itself to be i......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ar to have duly considered all material aspects of the case and the points involved therein in the light of the evidence on record. I am satisfied that the learned Courts below properly applied their judicial mind into the facts and circumstances of the case and the evidence on record and arrived at......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.....” 14. The word “prosecuted” is introduced in the present case in order to make it clear that the power relates to punishment by a Court of law and not to other kinds of punishment besides a judicial penalty. The word “and” has been used in conjunctive and not a disjunctive sense. The p...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....erformance of any ordinary duty. Where a contract is entered into by the State and or by a statutory authority for the performance of statutory duty any breach of term of such contract is amenable to judicial review by the High Court Division in exercise of its power conferred under Article 102 of o......Singh and ors, at page 1717 of the same volume. 5. Mr. Rafique-ul-Huq, on the other hand, contends that agreement entered relates to statutory duty of the Port Authority in discharging of its own, functions and, as such, the agreement is not a mere ordinary contract between a citizen and the Port..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....tionary power as contemplated under sub-section (3) of section 193C as aforesaid fairly and reasonably and not arbitrarily the justiciability of the decision cannot be questioned under the process of judicial review as the Tribunal has not acted outside its jurisdiction and we do not find any justif......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....lur Rahman joined as President of the Taxes Appellate Tribunal Dhaka on 25-10-94 and it has been alleged that due to the delay in joining of the respondent No.1 the Ministry appointed a member of the judicial department on temporary basis to act as the President of the said Tribunal. The respondent ......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....e 1(2) of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that this sort of order evidently betrays a total lack of application of the judicial mind in determining the rights of the litigants before the Court and, as such, the same can...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88