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State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
....ction herewith". The petitioner is a fugitive from justice when he moved the petition and obtained the Rule Nisi. This Court repeatedly argued that a fugitive from justice is not entitled to obtain a judicial order defying the process of the Court. When a person wants to seek remedy from a Court of ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
....o for an Additional Secretary of the Legislative Drafting Wing to be appointed as Secretary of the Ministry of Law. The post of Secretary or any other post in the Ministry of Law is not a substantive judicial service post. The Judicial Officers in the Ministry of Law hold the post of Assistant Secre......he separation of powers was formulated by English writers and controversialists of the mid-seventeenth century who argued for the separation of the legislative and executive (then including judicial) functions of government, seeing in this a means to restrain the abuse of governmental power. The the..
Category: Constitutional Law | Date: | Hits: 207
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
....graph Nos.3 and 4 thereof, specific instances of defamatory acts of the respondent Nos. 1 and 2 and in not considering at all the evidence, both oral and documentary, recorded in the judicial enquiry. The learned Advocate further submitted that the High Court Division misinterprete...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..Category: Criminal Law | Date: | Hits: 116
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....sion of the plaintiffs the impugned judgment of the High Court Division for remand of the suit for determination of title and partition cannot be sustained in law. The order of remand betrays lack of judicial acumen of the learned Judges to make a proper judgment on appreciation of the evidence on r......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
.... The writ petitioner is directed to surrender. The order of stay will continue till the disposal of the writ petition. Fugitive from justice A fugitive from justice is not entitled to obtain a judicial order defying the process of the court………………………..(6) If the High Court......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... 10. Mr. Rafiq-ul Haq, the learned Counsel endorsed the view taken by Mr. Khondker and refers to the case of Secretary of State Vs. Mask and Co. reported in AIR 1940 (PC) 105 where their lordship the judicial committee of the Privy Council though dealing with a civil matter in connection with a comp......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......as EC-150335, on 7.3.1966 the waqif died leaving behind his heirs; after Justice M.R. Khan, who acted as a Senior Mutwalli died in the year 1990, the respondent No.9 could not manage or perform his functions and the respondent No.10 somehow started managing the waqf estate on his behalf; when th..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....held that "after compensation is paid for acquisition of land no order can be made for de-requisition of such land. 29. It is pertinent to mention here that according to Salmond a precedent is a judicial decision which contains in itself a principle. The underlying principle which thus forms it......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....Customs officer takes evidence under section 171A and there is an admission of guilt, it will be too much to say that that statement is a confession to a police officer as a police officer never acts judicially and no proceeding before him is deemed to be a judicial proceeding for the purpose of sec...... delimitation between them. What is the object of the Customs Act? It relates to levy and collection of Customs-duties and provides for other allied matters. To achieve this object certain powers and functions have been conferred upon the customs officials. Since the levy and collection of duties of..Category: Fiscal/Taxation Law | Date: | Hits: 129
Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......ave been made for recruitment of the Assistant Superintendent of P.T. Institute (PTI) by promotion from the teaching staff of P.T. Institutes and their attached Experimental Schools inasmuch as the functions and responsibility of the PTI Instructors and of the Teachers of the attached Experiment..Category: Administrative Law | Date: | Hits: 243
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....gh legal battle including the said detention case. The Chief Metropolitan Magistrate, Dhaka by order dated 01.12.2003 sent the case records to one Md. Sujayat Ullah, Metropolitan Magistrate, for a judicial inquiry who after receiving the case record held judicial inquiry and having examined 4 wi......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....orary injunction only to deprive the defendant No.1 from getting the fruit of his case. It was further stated that the plaintiffs have no legal right to challenge the said judgment and order and no judicial proceeding can be stopped or restrain by was of temporary injunction when the same was uph......d and Kamar Uddin were very much close and affectionate to each other, just like full brothers. Dr. Shafar Uddin Ahmed is permanently residing in Sylhet town and in case of any necessity and social functions he visits the village home. The entire homestead and all other family properties were und..Category: Property Law | Date: | Hits: 33
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....supplementary role as opposed to violation of fundamental right by law could only be challenged in the High Court Division. Mr. Mahmudul Islam, the learned Counsel submitted that in order to have the judicial review of any order the same must be legislative one and not executive one in order to have...... of Article 117 (2) and 29 of the Constitution, but in view of the provision of Article 117 (2) of the constitution the Parliament has set up the Administrative Tribunal Act, 1980 for exercise of the functions enumerated i.e. Article 117(1) i.e. by setting up of the Administrate Tribunal to exercise..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....5 was continuing as an existing law along with other laws, after withdrawal of martial law, being protected and saved within the terms "others laws" as constitution, and it is subject to judicial review of this court whenever it is challenged." Again it was observed...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....ubmitted that the High Court Division traveled beyond extent and jurisdiction of Article 102 of the Constitution of the People’s Republic of Bangladesh in as much as in entertaining jurisdiction of judicial review where disputed question of fact are involved."
18. Mr. Murad Reza, learned Addi...... Kurien E Kalathil and others) wherein it has been held that-
"A statute may expressly or impliedly confer power on a statutory body to enter into contracts in order to enable it to discharge its functions. Dispute arising out of the terms of such contracts or alleged breaches have to be settl..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....h its case against the appellants and other accuseds on the basis of the evidence of the P.Ws, confessional statement of appellants Faruque Rahman, Sultan Shahriar and Mohiuddin (Artillery), extra judicial confession proved by P.Ws.15 and 8, electronic evidence, and also circumstantial evidence ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....nd also the electronic evidence, Material Exts.12 and 32 also proved charge of murder. The learned Attorney General and Mr. Azmalul Hossain to prove the charge of murder also relied upon the extra judicial confessions of the appellants as disclosed by P.Ws. 8 and 15. 198. At first the su...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....Court held that the third learned Judge is under no obligation to accept the view of one of the judges holding in favour of acquittal of the accused either as a rule of prudence or on the scope of judicial etiquette. It is not possible to accept the contention raised by the appellant. 391...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
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