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Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....ity and is of no legal effect. 2. The respondent filed the writ petition against the said impugned Memo dated 27.6,2000 stating, inter alia, that the writ-petitioner, a Magistrate exercising judicial function was removed from the services on the basis of a proceeding under Government Serva..Category: Employment/Service Law | Date: | Hits: 62
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
.... Abdul Baset Majumder, the learned Counsel appears for the respondent No.5.The learned Additional Attorney General contended that the learned Judges of the High Court Division having applied their judicial mind and in view of the facts and circumstances of the case rightly passed the impugned or..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....urpose of restriction under section 195(1) (c) of the Code of Criminal Procedure on the ground that function assigned to a revenue office for disposal of a mutation case cannot be characterised as judicial function. Because the Revenue Officers are not required by law to try a matter judiciously..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....Tribunal ought to have allowed the application for restoration and thereupon to dispose of the appeal on merit. 5. The practice and procedure follows by the Tribunal, whose functions are of judicial or quasi judicial nature, would not be or cannot be considered illegal or contrary to norm..Category: Administrative Law | Date: | Hits: 95
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... view that the trial Court was not aware of the legal position as settled by this Division in the case reported in 31 DLR (AD) 195, whether the High Court Division without applying its judicial mind to the finding of the trial Court and to the oral and documentary evidence on record ..Category: Property Law | Date: | Hits: 30
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....Magistrate by his order dated 13.9.1995 sent the Naraji petition to Mr. M. U. Khandaker, Metropolitan Magistrate, for taking action under section 200 of the Code of Criminal Procedure and for holding judicial inquiry under section 202 of the Code of Criminal Procedure and for report. The said order ..Category: Criminal Law | Date: | Hits: 105
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....eaving behind defendant No. 1 to 5 to be his heirs. 4. Mr. Md. Aftab Hossain, Advocate on-Record, appearing for the petitioners submits that the High Court Division has not applied his judicial mind that the Trial Court decreed partition suit in par and the lower appellate Court bein..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....tion under Section 96 of the State Acquisition and Tenancy Act, 1951 is not maintainable and the said fact has not been considered by the learned Single Judge of the High Court Division by applying judicial mind. He further submits that the respondent applicant in paragraph 4 of the application f..Category: Property Law | Date: | Hits: 33
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....6 of the Druto Bichar Tribunal Ain is ultra vires to the Constitution as it tends to destroy the fundamental structure of the Constitution allowing the executive authority to intrude into the area of judicial organ of the Republic including that of the High Court Division having exclusive domain as ..Category: Criminal Law | Date: | Hits: 59
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....l without striking down the regulation. 37. Mr. Fida M Kamal learned Senior Counsel, upon adopting arguments of learned Counsel in Appeal Nos. 158-184 of 2006 has argued further on the nature of judicial review of this Court and referred to Halsbury's Laws of England Vol.1(1): Administrative ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....at the sanction is also bad in law as it was given without giving prior notice to the respondent has also no substance. The process of sanction is an administrative act and is not subject to any judicial scrutiny. Further, since the Chairman of the NBR is an inseparable and essential constitue..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
....oration stating that non-appearance that took place on 20-08-2000 was bonafide and unintentional, 4. The learned counsel for the respondent submits that the High Court Division applying its judicial mind rejected the application for restoration inasmuch as when the civil revision was..Category: Civil Law | Date: | Hits: 99
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
.... impeachable evidence of the police personnel, who carried out the raid. He then referred to a decision reported in 53 DLR (AD) 1 wherein it has been held that the Judges are competent of take judicial notice of the fact about the present condition of law and order situation in the country a..Category: Criminal Law | Date: | Hits: 24
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....on 25-02-2001 discharging the accused-petitioners from the case. Against which, the opposite-party No. 2, the informant filed a naraji petition, which was allowed with a direction for holding judicial inquiry, the learned Magistrate, who carried out judicial inquiry, submitted a report..Category: Criminal Law | Date: | Hits: 42
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....selected the present petitioners for the post of Assistant Professor of Radiology but the learned judges of the High court Division erred in law in deciding the case without application of judicial mind and without considering the documents and made the rule absolute and as such th..Category: Employment/Service Law | Date: | Hits: 100
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....judgments of the Courts below. Having regard to the facts, circumstances and evidence on record, we are of the view that the learned Single Judge of the High Court Division having applied its judicial mind came to following findings: "In this case the defendant-petition..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....ion of natural justice and as such the impugned judgment cannot be sustained in law. 10. Mr. Dr. Zahir lastly contended that the learned Judges of the High Court Division failed to apply their judicial mind in the facts and circumstances of the case. 11. Mr. A. J. Mohammad All, the learned..Category: Environmental Law | Date: | Hits: 517
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....partly to prevent the imprisonment of debtors who, on a taking of the overall accounts between the parties, really owed nothing. Going to jail is plainly a matter of substance and not just of judicial economy. The present day analogy is the question of whether the debtor is in default for n..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....struction on the land which indisputably belongs to them, as will appear from the document of title and that this was done at a time when the Court stayed the operation of the interim injunction by a judicial order thus enabling them to take action which was otherwise lawful. It has been further urg..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....nd order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly vi..Category: Procedural Law | Date: | Hits: 107