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Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....ission of certificates of freedom fighters issued by the competent authority. 44. The petitioners have also asserted the ground of legitimate expectation. The phrase "legitimate expectation" was judicially approved by our courts in a number of decisions. Legitimate expectation gives the petit......nd the Members of the Election Commission before entering upon the office shall take oath to bear true faith and allegiance to Bangladesh and to preserve, protect and defend the Constitution. The functions of the Public Service Commission as described in Article 140 of the Constitution are to ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......f clause (v) of section 2 of the East Pakistan Employment of Labour (Standing Orders) Act clearly indicate that if a person who is mainly employed in a managerial or administrative capacity exercises functions mainly of managerial or administrative nature then and then only a worker shall be taken o..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....re to follow the procedure laid down in sections 23, 24 and 25 of the Ain, 2003. Moreso, during the pendency of the execution proceeding under section 38 of the Ain, 2003 and even after completion of judicial proceeding under section 45 of the Ain, 2003 the respective contending parties can go for r......িবেন । রাষ্ট্রপতির আদেশক্রমে মো: শহীদুল ইসলাম উপ-সচিব । 14. From the same it appears that the functions of the said "Cell" is to identify the sick industries, the possible reasons for becoming s..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....d recount was necessary in the facts and circumstances of the case. Such power therefore, cannot be exercised even by the Presiding Officer as a matter of course. 16. It is also now settled by judicial pronouncements of the apex Courts in the Subcontinent that the Election Tribunal can also e...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
....a period of two years or more, a period that has concomitantly witnessed certain significant developments both in terms of a legislative enactment bearing on the matter at hand as well as of active judicial inter-vention spurring consequential positive action benefiting the petitioner by an otherw......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....mpugned judgment and decree but reiterated the findings and observation given on preliminary points in Other Appeal No. 25 of 1995; that defendant No. 1 has failed to prove the genuineness of the non judicial stamp and the execution of the deed of gift dated 19-6-1948 and also failed to prove the fa...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....the case of Hiralal Mallik vs the State of Bihar, 1977(4) SCC 44, observed as follows: "Conceptually, the establishment of a welfare-oriented jurisdiction over juveniles is predicated and over judicialisation and over-formalisation of Court proceedings is contra-indicated. Correctionally spea......police officers who frequently or exclusively deal with juveniles or are primarily engaged in the prevention of juvenile crime or handling of the juveniles or children under this Act to perform their functions more effectively, they shall be specially instructed and trained. (2) In every police ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....erformance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. He submits that as per provision......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....erintendent of the examination hall concerned so, it can be easily held that the Disciplinary Committee passed the impugned order of punishment against the petitioner examinees without applying its judicial mind though all the careers of the students would depend on such decision. The University A......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
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Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... consulted will not suffice. The Chairman is required to state the reason for his concurring or dissenting views. In the instant case we find that the Chairman of the Labour Court failed to apply his judicial mind at the time of passing the decision and order as to the constitution of the Court from......his Ordinance and such other offences under any other law as the Government may, by notification in the official Gazette, specify in this behalf; (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or any other ..Category: Labour and Industrial Law | Date: | Hits: 108
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....hat the alleged victim refused to go to her father's house, yet the learned Magistrate permitted her to go with her father if she so desired and if she desired not to go then she might be remanded to judicial custody. From the order dated 1-3-95 we find that the victim was produced before the Court ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....on of law. 29. The Magistrate takes cognisance under section 190 of the Code of Criminal Procedure. Cognisance means "taking notice of an offence" and would include the intention of initiating judicial proceedings against the offender in respect of the offence or taking steps to see whether t......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....h the power to refuse registration of any transfer of any share without assigning any reason and this includes transfer to an existing share holder. While this power exists, it must be exercised with judicial discretion. We will now see if in the facts and circumstances of the case the power was exe......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....ing constituted by Munsifs and empowered to decide Election disputes relating to right to office, after taking evidence and hearing arguments, both on facts and law, are definitely exercising judicial powers, and not administrative power though it may be that they are constituted by the Elec......isions imply that if any appeal is provided against the decision of an Election Tribunal, it must lie to a person of authority higher than such Tribunal and at the same time exercising the powers and functions of a Court, particularly when the Election Tribunals are manned by Munsifs". Paragraph ..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... added the plaint shall, unless the Court otherwise directs, be amended in such a manner as may be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discretion which, however, need to be exercised judicially taking in view all the facts a......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ly, P.W. 9 Md. Dholu Mollah, P.W.7 Md. Abdur Rashid, and others suspected the involvement of the accused Badsha Mollah in the occurrence and interrogated him, when accused Badsha Mollah made an extra-judicial statement admitting that he himself had killed the victim Babu Mollah with a dagger. With r...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....s view of ours finds support in the case of Firm Kaura Mal Vs. Firm Malhra Dass, AIR 1959 (Punjab) 646, where it is held as follows :- "The discretion under section 5 of Limitation Act has to be a judicial discretion and not an arbitrary one. Merely because there was no written application filed ......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....nt and the Minister in-charge of the Ministry of Home Affairs, Government Bangladesh, for the statements made by him as Member of Parliament and Home Minister on 6-9-1999 in the Parliament, regarding judicial function of the Judges of the Supreme Court. 2. The present petitioner Md. Ataur Rahman ....... He submits that the said statements in the Parliament are nothing but interference with the course of justice as well as with the independence of judiciary and the same interfered with the judicial functions of the Judges of the highest Court of the country. He submits that he is moving this appli..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....nd detention. It has been asserted that the detenu is a minor boy who helps his father in his hawker business and the issuance of the order of detention was done without any thought or application of judicial mind of the District Magistrate. The petitioner has further submitted that for the infringe......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
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