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Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....r the respondent, submitted that the Departmental Proceeding, was not a Departmental Proceeding in the true sense of the term, that the learned District Judge, Pabna failed to apply his independent judicial mind while rejecting the finding of the Enquiry Officer who had examined witnesses and foun......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....nal authority in the Government, it was a local authority within the meaning of Section 3(28) of the General Clauses Act, 1897 and as such the impugned action of the said society could be reviewed judicially by the High Court Division under Article 102 of the Constitution. Accordingly upon makin......ged by an appointed Ad hoc Committee or when it is managed by a regularly elected Managing Committee, because the nature and character of such a society is determined by its formation and the functions performed by it and also because the appellant-society does not come within the definitio..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......5-2-81. The certificate shows that he was still not cured of his illness or that his condition improved from the date of his previous application for leave. Respondent No. 2 was performing the functions of Head Sarder in the Winding Department of the Mill. Given the definition of "..Category: Labour and Industrial Law | Date: | Hits: 72
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....eement with the Upazila Nirbahi Oficer and Upazila Engineer and in such view of the matter Khondker Mahbubuddin Ahmed emphatically argued that the High Court Division totally failed to apply their judicial mind in not considering that the appellant did not sign the contract as an individual to d......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
.... record. 4. This Division in a number of cases held that the Administrative Tribunal is not a Court proper although it has all the trappings of the Court and as such cannot exercise all the judicial powers of the Court provided under the Code of Civil Procedure. In the case of Kamrul Hasa......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
.... subject matter to be decided in the present suit in deciding the Writ Petition No. 1465 of 1991...........The original Court having disallowed the prayer for rejection of the plaint by a judicial order in exercising of his discretion, I think, I should not interfere with the same under......2435; মঃ/সা-ত/ক/সা-৩/৯২-৪৮ তাং ৭/৬/৯২-২৭.২.৯৯ the functions of the Board being stayed by the Government the plaintiff respondents having no othe..Category: Procedural Law | Date: | Hits: 75
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....substantial that to overcome them by reasons to the contrary could only have the result of giving the benefit thereof to the prosecution." It is not the doubt of a vacillating or weak mind. It is the judicial mind that tilts in favour of the accused because circumstance and evidence in the case ra......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....of the spurious settlement whereupon the plaintiffs again filed a proceeding against them all under section 144 Cr.P.C. and got a favorable order. Filing of these proceedings, which are quasi judicial in nature, simply shows that the petitioners' claim was sought to be thwarted in the absen......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... rule 1, C.P.C. or Order XXVI of the Supreme Court (Appellate Division Rules, 1973, it would appear that no express words have been used therein to enable this Court to exercise suo moto the power of judicial review. Even so, to find out whether there is any indication of the existence of such power...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
.... learned Advocate for the appellants, has referred to the evidence adduced in this case and contended that the conviction against these four appellants has been rested solely on the extra-judicial confession of co-accused Sattar Mir who himself retracted the confession and that the......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... 13. The High Court Division noted the contentions of the respondents, inter alia, that the direction so issued in terms of the Rule is not tenable as the said Rule would interfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, tha..Category: Constitutional Law | Date: | Hits: 147
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....uch amendment did not prejudice the interest of the other party nor it would change the nature of the suit. The Court observed as follows: "It is the consistent view of judicial authorities, those amendments of the pleadings is allowed, even when a legal right had ac......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....not increase the allowance of the wife in an appeal by the husband and not filed by wife. In that case the Court made subsequent order increasing the amount of permanent alimony granted to wife on judicial separation on an application by the wife for increment of allowance of self and child......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....heads of cattle as alleged, we cannot also believe this aspect of the prosecution case. The learned trial Judge has based the conviction of the condemned prisoner on the evidence of the extra judicial confession supported by evidence of P.Ws. 4 and 6 and the confession of accused Abbas......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no 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) 323....... the above, we find no 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) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....nal court could not presume the existence of such a daughter of Khairunnessa. Finally the learned Advocate submits that the learned Single Judge had passed the impugned judgment by not applying his judicial mind to the materials on record. 6. Respondent No. 1 entered appearance in the appe...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..Category: Property Law | Date: | Hits: 31
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....t be compensated in terms of money. 6. Mr. Mahbubey Alam, the learned Additional Attorney General, submits that the learned Judges of the High Court Division hopelessly failed to apply their judicial mind in passing the impugned judgment which is apparent on the face of the record in ......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....adesh) 34, more or less the same view with regard to the award of interest and the rate at which interest is to be awarded has been reiterated. 22. It thus appears that the preponderance of judicial decisions in the sub continent is that whether it is suit for foreclosure or for sale the ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28