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Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....actual context; e) the summary rejection of the writ petition in the circumstances is contrary to established norms of constitutional jurisprudence; and f) the mode of exercise of judicial power by the High Court Division is manifestly erroneous and amounts to a denial of access ......icer and Chief Executive of the Bank and shall serve under the Bank on such terms and conditions as may be prescribed by Regulations. Section 15 also provides that the Managing Director shall perform functions as may be prescribed by the Regulations. The letter of reappointment dated 25th August, 19..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....sult: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ction money within 10-04-2004. Then the sale was confirmed on 10-04-2004 on payment of the entire auction money by the auction purchaser-petitioner. On 11-05-2004, the auction purchaser submitted non-judicial stamp with a prayer for an order for preparation of sale certificate and to register the sa......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....in House Rent Control Case No.1 of 1991 and order dated 13-6-1992 and the order dated 13-6-2010 passed by the learned Senior Assistant Judge, in the said House Rent Control Case and prayed for taking judicial notice upon those facts. 12. Mr. Bhuiyan, submitted that the plaintiff being the absol......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....dered the materials on record and after hearing the learned advocates appearing from the both sides, we hold that the learned Joint District Judge passed this judgment and decree without applying his judicial mind as such, we are inclined to interfere with the same. We therefore find merits in this ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
.... the action of Dhaka City Corporation allotting temporary shops to the hawkers on the foot paths adjacent to the Dhaka New Market, who are admittedly the unauthorised occupiers, within the purview of judicial review of this Court exercising jurisdiction under Article 102 of the Constitution. Th...... 17. It is now well settled principle that unless final order is passed in a matter, person interested in the matter or persons apprehensive or being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......ment on proposals to grant the right to confer special degree-awarding status on college which may be considered suitable for such status; ,
(i) exercise such other powers and perform such other functions as may be conferred on it by any law or by the Government
11. Upon placing the same, ..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ioner thereafter moved these petitions. 3. Points urged on behalf of the petitioner are that the High Court Division acted illegally in maintaining the conviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdiction in enhancing th...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
.... period. 9. So it appears from the aforesaid judgment that the Court of law enjoys ample authority under the previous law to impose interest but at the same time the Court of law is to apply its judicial mind on the given facts and circumstances. In the present case in hand while decreeing the ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....ssion in line with what have been laid down by the petitioner in its
pleading.
None appeared to oppose the Rule.
10. It goes without saying, and we are, we suppose, quite
entitled to take judicial notice of the fact that Dhaka traffic management is
in a state of disarray. Plentitude of ......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
.... Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based o......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....investigation submitted final report in favour of the appellants. Taking objection thereto, the victim-informant filed a naraji petition, on which the learned Judge of the Tribunal passed an order of judicial enquiry to be conducted by a Magistrate. The Magistrate held judicial enquiry and submitted......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....eath on a conviction for murder and to impose the lesser sentence of imprisonment for life for reasons to be recorded. After deletion of this provision, it is observed, it is left with the judicial discretion of the court whether the death sentence or the lesser sentence should be imposed......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......ced in Chapter III of the Ordinance under the heading "Powers and Functions of the Administrator and the Committee" like saplings in a row. Section 27 relates to the general powers and functions of the Administrator which include investigation and determination of the nature and exten..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....easons for the decision. This court finds that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to the question of fact and law. It has therefore, no power to dismiss such an appeal ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....ommitted on that score. 15. In the decision of Maneka Gandhi Vs. Union of India it has been observed by Indian Supreme Court:- "The audi alteram partem rule is not cast in a rigid mould and judicial decisions establish that it may suffer situational modifications. The core of it must, howe......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....2003. Section 32 of Artha Rin Adalat Ain provides to follow procedure as in Civil Procedure Code, Civil Rules and Orders in chapter Miscellaneous Judicial Cases in rule 774 provides for miscellaneous judicial cases under Order XXI Rule 90 of the Code of Civil Procedure but we do not find appellants ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
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