Search Options
Judgment Advanced Search
Displaying 1721-1740 of 2137 results.
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....he Commission had no jurisdiction to cause or order an enquiry to be made by any person into the affairs of any issuer of a listed security inasmuch as the Commission while exercising such a quasi-judicial authority must have before it materials in the form of representation/complaint, which is ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....the sale deed he mutated his name and paid rents, taxes and other charges and the plaintiffs have no right, title, interest and possession in the suit land and the trial court, without applying its judicial mind, wrongly held that the plaintiffs had exclusive possession over the suit land and th......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
....ong calculation the petitioner filed this appeal long 8 months after receiving the certified copy of the judgment and order on 18.02.2007.Upon such miscalculation and non application of judicial mind the highest tribunal in the Administrative Sector committed error of law in rej...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... no permission was accorded. 4. The informant filed naraji petition against the final report. The learned Chief Metropolitan Magistrate on such application directed on 30-08-2000 for holding judicial inquiry and accordingly, the concerned learned Chief Metropolitan Magistrate took all pos...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....n of his being subordinate to High Court Division. Hence no contempt proceedings can be drawn against the opposite parties. In that case it was further held that the Arbitrator does not exercise a judicial function in course of inquiry or investigation into the amount of compensation although he......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll Provided that during the course of the poll the Presiding Officer may entrust such of his functions as may be specified by him to any Assistant Presiding Officer and it shall be the duty..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
..... It is now well settled that in legal parlance, the expression “persona designata” means a person described in a statute or a legal instrument by his official designation and his function may be judicial or may not be so. If the function of the designated person is judicial in character, then h...... together clearly show that the sections confer a power of removal as well as the appointment of a trustee, if in the opinion of the Court a person is unfit or personally incapable to discharge the functions of a trustee. Section 73 relates primarily to the appointment of a new trustee and section..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....various points and authorities advanced by the learned Counsel of either side. We will however quote from our early decision a passage: “The function of the Court therefore is a judicial one and the exercise of discretion a judicial discretion. The accord of consent therefore...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......of Article 3 of Presidential Order No. 7 of 1972. Learned Counsel has referred to Article 4 of the President’s Order which provides for a committee for exercise of the powers and performance of the functions of the dissolved Local Councils or Municipal Committees and has contented that although no..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... be exercised by the President of Bangladesh. So far as the Judiciary is concerned, its powers remained as under the Constitution and could only be exercised by the Courts of this country. The judicial power cannot, therefore, be negatived so long as it is available under the Constitution n......— (a) I have assumed and entered upon the office of the President of Bangladesh with effect from the morning of the 15th August, 1975: (aa) If I am unable to discharge the functions of me office of President for any reason or if I want to vacate the office of Presi..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
.... of the Constitution to exercise such powers thereunder should exercise such power on specified fields without offending other provisions of the Constitution, for the simple reason that a right to judicial review under Article 102(2) is neither a fundamental right nor a guaranteed right i.e., to......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....o compel production of the materials upon which the advice or its reasoning was based, because the materials cannot be said to be a part of the advice. 19. He submits that the bar of judicial review is confined to the factum of advice but not the reasons i.e. the materials on ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....the Court's exercising the power under section 73 of the Evidence Act in view of presently available advanced science and technology in determining the dispute. There is, of course, a long line of judicial authorities expressing divergent views on the point. One such view is that the Court shoul......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... 561A of the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The High Court Division has no constitutional or judicial power to legislate or create any offence………………(4......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....n which gave rise to a controversy between the parties requiring factual prove into the matter on the basis of material brought on record by the parties, which determination is beyond the scope of judicial review of the High Court Division in its jurisdiction. 9. Section 25 of the Customs ......h are essential to an effective exercise of the legislative power with which it has been endowed by Constitution. (3) The Legislature, however, cannot efface itself and delegate all its functions to an extraneous agency." 37. In the case of her majesty the Queen..Category: Fiscal/Taxation Law | Date: | Hits: 107
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... quite legal. The submission so made upon referring to the aforesaid provision of the Constitution is not well founded since by admitting girl students the High School was not acting in a manner prejudicial to the imparting of education to the girl students. The learned Counsel has submitted tha...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......was a trading function of WASA. 29. Moreover, in the above decision at paragraph 28 the Appellate Division also held as follows: "Modern Government has multifarious activities; some of its functions are Government function while exercising sovereign power and again, some of the functions ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... 20. The Committee has further discussed that the legal obligations on States (under para 33) to respect, protect, fulfill their duties to secure rights and that these include administrative, judicial and other promotional measures for realisation of rights. The committee further discusses ......to prevent the use of such water for drinking if it is unfit for consumption. 15. Under the Local Government (Union Parishad) Ordinance, 1983, all Union Parishads are required; to carry out functions for the provision and maintenance of well, water pumps, tanks, ponds and other works for ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....nce but PW 3's finger print (LTI) was taken from elsewhere. He denied the suggestion. But it clearly appears that he was not acquainted with such matters, which are done by a Magistrate doing regular judicial duties, in that, he recorded this witness's statement in the form prescribed for recording ......as well as of the Munsif s Court. Leave Register of the Munsif-Magistrate was produced which showed that he was on duty and not on leave on the relevant day—2 May 1984—and that he performed the functions of Magistrate in absence of the Upazila Magistrate that day. PW 18, UNO said that on that ..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ion the facts and circumstances of the case which go to show the bias of respondent No. 1 which rendered him incompetent to proceed with the trial and that the respondent No. 1 performing functions judicial in nature ought to have refrained from proceeding with the trial in consonance with funda......consideration the facts and circumstances of the case which go to show the bias of respondent No. 1 which rendered him incompetent to proceed with the trial and that the respondent No. 1 performing functions judicial in nature ought to have refrained from proceeding with the trial in consonance w..Category: Election Law | Date: | Hits: 122
24232411240423992390237823772375237223702363235923502349234223312324232323082299