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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....aded by the rule of law on the ground that the general principles of the Constitution (as for example the right to personal liberty, or the right of public meeting) are with us as the result of judicial decisions determining the rights of private persons in particular cases brought before th...... provision. As per Constitution, the Vice-President ought to have assumed the office of President if the vacancy occurred in the office of President or if the President was unable to discharge the functions of his office on any of the grounds mentioned in the Constitution but this time the const..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....idence produced by the prosecution in this case. ...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... to seek Court’s protection of those rights.” 22. In the instant case, however, a lis has arisen as detailed in the case of the 29 permanent and confirmed Judges and all actions or decisions, judicial, quasi-judicial or administrative, affecting the individual right of the Judges are amenabl......age during their term of office, but also expressly declared in Article 94(4) that the Chief Justice and the other Justices of the Supreme Court shall be independent in the exercise of their judicial functions. It therefore naturally follows that the conduct of the Judges of the Supreme Court can no..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....the decisions reported in 7 BLC (AD) 73, case of A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377. 15. This Court with reference to some judicial pronouncements within and outside the Sub-continent, as stated above, has accepted as a pri......r units of BDR, it will be practically impossible for him to hold all the trials of the offenders by himself, because Director General has to perform all the day to day operational and administrative functions including reorganizing BDR. d. The highest punishment for the offence of ‘mutiny’ ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....nt of the trial Court. We have considered the submissions made by the learned Advocate for the leave-petitioner, who, amongst others, submitted that the High Court Division failed to apply its judicial mind in assessing the materials on record and has acted illegally in setting aside th......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....ion of bill of lading, although to do this, now in practice, the receiver furnishes the carrier with a bond of indemnity, that the High Court Division committed an error of law without applying its judicial mind as to why the plaintiff did not directly hold responsible the Agrani Bank which nego......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
.... available to him under section 114 (g) of the Evidence Act. He also submits that P.W.2, Nasim Shaikh in his deposition during cross-examination having stated that the petitioner made an extra judicial Confession to the police officer, which was recorded in a plain paper in presence of ......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....ent and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to appreciate the facts and circumstances of the case and also failed to apply his judicial mind in the record and dismissed the suit by making out a third case. The finding of the t...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......er words entertaining the plea of Waiver as regard performance of public function as requires to be done by the law on particular matter would be disastrous to discipline in the performance of public functions by the public functionaries and thereby allowing anarchy in the performance of function by..Category: Alternative Dispute Resolution | Date: | Hits: 249
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... the respondent Nos. 1-3 in their affidavit-in-opposition and the supplementary affidavit the writ petitioner can not claim custody of the minors since she has resorted to a life style which is prejudicial to the welfare and best interest of the minors. It has also been contended from the side o......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....ing direction on the plaintiff to produce papers mentioned therein and prayer having been made for adjournment the trial Court in rejecting the prayer for adjournment did not act in accordance with judicial practice. The High Court Division discharged the Rule on the finding that the writ petiti......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 91
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....s on records rejected the said application and without explaining the cause of framing charge in his order dated 26.07.2005 passed an illegal order of framing charge without applying his judicial mind and as such the proceeding of the instant cases is liable to be quashed; that th......nd no substances 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) 536. ..Category: Criminal Law | Date: | Hits: 52
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
....s been brother in connection with the inquiry held upon an application by the respondents who have not been recommended for promotion but the High Court Division failed to consider the matter with judicial mind, therefore the judgment is liable to be set aside. He further submits that it is appr...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..Category: Employment/Service Law | Date: | Hits: 57
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....nding the ouster of jurisdiction of the High Court Division by any legislative provision or even under article 102 itself the High Court Division is yet entitled to exercise its power of judicial review under article 102 if the action complained of before the High Court Division i........(emphasis added). Hearing and determination are undisputedly attributes of judicial function and are requirements for disposal of an appeal. Since the legislature has expressed the two functions separately in section 6, it will be in consonance with the principle of interpretati..Category: Administrative Law | Date: | Hits: 110
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
.....2004 the loss accumulated to the tune of Tk.1,90,000/-. 3. The learned Magistrate on examining the petitioner under section 200 of the Code of Criminal Procedure sent the complaint for judicial inquiry and on completion of the judicial inquiry, cognizance was taken and then the...... Sadar, Sylhet against the respondent No.1 contending, inter alia, that the respondent No.1 was a director of the Jalalabad Ragib Rabeya Medical College and Hospital, and while performing his functions as director of the said Hospital, the respondent no.1 was directed to purchase a motor ca..Category: Criminal Law | Date: | Hits: 47
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ...... when order of his discharge was passed and further the appellant passed the impugned order without consulting the members of the Ad-hoc Committee which at the relevant time was entrusted with the functions of looking after the affairs of the above Madrasa and the impugned order is also totally ..Category: Others | Date: | Hits: 270
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e petitioner and the prosecution witnesses for filing a false case being CR Case No. 53 of 1998 and TR Case No. 149 of 2001 of the Court of Magistrate, 1st Class, Munshiganj and deposing falsely in a judicial proceeding. 2. The prosecution case is, in short, that on 21-4-1998 the petitioner......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....imed may be imposed upon nationals of countries of the Union for the enjoyment of any industrial property rights. (3) The provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation, and to the desi......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
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