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Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....empt against the petitioners upon absolutely wrong and baseless information from the writ-petitioners. He lastly submits that the learned Judges of the High Court Division have failed to take judicial notice of the contents of the letter dated 22-09-2005 issued by the bank, which was annexe......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102
Government of Bangladesh and others Vs. Md. Azim Howlader, 2007, 36 CLC (AD)
....n rejecting the said application for condonation of delay; that the Administrative Appellate Tribunal erred in law in not allowing the said application for condonation of delay without applying its judicial discretion in public interest. 5. It appears from the record that Section 6(2) of ......substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 770. ..Category: Administrative Law | Date: | Hits: 87
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....n the confessional statement. So the same cannot be relied upon. But it is on record that the appellant retracted his confession in writing subsequently which clearly goes to show that he made the judicial confession. In the opinion of recording Magistrate the confession is true and voluntary. T......nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ..Category: Criminal Law | Date: | Hits: 47
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ......he writ petitioner was appointed as Nikah Registrar on temporary basis for No. 9 Kankapoit Union under Police Station Chauddagram, District-Comilla on 27.07.1998. While he was discharging the functions as Nikah Registrar of the said Union, the respondent No.3 issued notice dated 27.03..Category: Civil Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)
....further submits that the reasons for delay having being explained the Administrative Appellate Tribunal erred in law in not allowing the said application for condonation of delay by exercising its judicial discretion. 5. It appears that the Administrative Appellate Tribunal Case No. 14 of......tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 657. ..Category: Administrative Law | Date: | Hits: 97
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......motion, that plaintiff was appointed as Lower Division Assistant Cum Typist and the next higher post thereof is Upper Division Assistant, that the Chairman of the relevant time used to perform the functions of the Zilla Parishad whimsically and for that he was removed, that immediately before hi..Category: Civil Law | Date: | Hits: 107
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....usly an administrative in nature as the head of the State and it cannot be justiciable in the Court of law. Such power of the President to commute any sentence is not subject to any constitutional or judicial restraints except that it cannot be used to enhance the sentence................................. set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....er of the case property but nobody turned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President Order 16 of 1972 and Ordinance 54 of......t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ......the Act) came into force on 31.01.2001 and on the very date of commencement of the Act, a Commission known as the Bangladesh Telecommunication Regulatory Commission was established and all powers, functions and authorities that were being exercised by the Post and Telecommunication Ministry rela..Category: Information Technology Law | Date: | Hits: 321
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... "....how far the petitioners were competent to prefer the instant application under section 561A of the Code when cognizance in the case had not yet been taken by the Magistrate. A judicial proceeding cannot be treated to have been started till before cognizance has been taken...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ..Category: Criminal Law | Date: | Hits: 35
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....ity and is of no legal effect. 2. The respondent filed the writ petition against the said impugned Memo dated 27.6,2000 stating, inter alia, that the writ-petitioner, a Magistrate exercising judicial function was removed from the services on the basis of a proceeding under Government Serva......ernment Servant (Discipline and Appeal) Rules, 1985 should not be declared to be void as being inconsistent with the Constitution so far its application against the Magistrates exercising judicial functions including the writ-petitioner is concerned and therefore ultra vires the Constituti..Category: Employment/Service Law | Date: | Hits: 62
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
.... Abdul Baset Majumder, the learned Counsel appears for the respondent No.5.The learned Additional Attorney General contended that the learned Judges of the High Court Division having applied their judicial mind and in view of the facts and circumstances of the case rightly passed the impugned or......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....urpose of restriction under section 195(1) (c) of the Code of Criminal Procedure on the ground that function assigned to a revenue office for disposal of a mutation case cannot be characterised as judicial function. Because the Revenue Officers are not required by law to try a matter judiciously......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....Tribunal ought to have allowed the application for restoration and thereupon to dispose of the appeal on merit. 5. The practice and procedure follows by the Tribunal, whose functions are of judicial or quasi judicial nature, would not be or cannot be considered illegal or contrary to norm......rative Appellate Tribunal ought to have allowed the application for restoration and thereupon to dispose of the appeal on merit. 5. The practice and procedure follows by the Tribunal, whose functions are of judicial or quasi judicial nature, would not be or cannot be considered illegal or..Category: Administrative Law | Date: | Hits: 95
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... view that the trial Court was not aware of the legal position as settled by this Division in the case reported in 31 DLR (AD) 195, whether the High Court Division without applying its judicial mind to the finding of the trial Court and to the oral and documentary evidence on record ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....Magistrate by his order dated 13.9.1995 sent the Naraji petition to Mr. M. U. Khandaker, Metropolitan Magistrate, for taking action under section 200 of the Code of Criminal Procedure and for holding judicial inquiry under section 202 of the Code of Criminal Procedure and for report. The said order ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....eaving behind defendant No. 1 to 5 to be his heirs. 4. Mr. Md. Aftab Hossain, Advocate on-Record, appearing for the petitioners submits that the High Court Division has not applied his judicial mind that the Trial Court decreed partition suit in par and the lower appellate Court bein...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....tion under Section 96 of the State Acquisition and Tenancy Act, 1951 is not maintainable and the said fact has not been considered by the learned Single Judge of the High Court Division by applying judicial mind. He further submits that the respondent applicant in paragraph 4 of the application f......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ..Category: Property Law | Date: | Hits: 33
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....6 of the Druto Bichar Tribunal Ain is ultra vires to the Constitution as it tends to destroy the fundamental structure of the Constitution allowing the executive authority to intrude into the area of judicial organ of the Republic including that of the High Court Division having exclusive domain as ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....l without striking down the regulation. 37. Mr. Fida M Kamal learned Senior Counsel, upon adopting arguments of learned Counsel in Appeal Nos. 158-184 of 2006 has argued further on the nature of judicial review of this Court and referred to Halsbury's Laws of England Vol.1(1): Administrative ......nd expansion of open market economy and the limitation of resources, the Government in the year 1985, had to undertake privatisation programme for distribution of agricultural inputs and so the major functions of BADC, such as distribution of fertiliser and supplying irrigational equipment were wi..Category: Employment/Service Law | Date: | Hits: 105
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