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Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....hy;rials for manufacturing polythine bags which are threat to environment of the country. In such view of the matter, the learned Judges of the High Court Division having failed to apply their judicial mind to appreciate the above aspect of national interest of the goods in question ca...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....udgment which is liable to be set aside. 7. Mr. Mansur Habib, the learned Advocate appearing for the respondent No.2, on the other hand, contended that the High Court Division having applied judicial mind in consideration of the provision of the 540 of the Code of Criminal Procedure r......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......at they are employees of Dock Workers Management Board, Chittagong working as personnel and welfare Manager, Secretary and Finance and Accounts officer respectively and performing their functions as the heads of each department and their services were regulated by Dock Workers (..Category: Employment/Service Law | Date: | Hits: 88
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....on are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal order but based on cogent grounds. The High Court Division having not applied its judicial mind in construing the provisions of Section 173(3B) of the Code of Criminal Procedure, w...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. 28. Mr. Maksum-ul-Hakim referred to AIR 1931 (PC) 107 for highlighting the abhorrence of the judicial committee to consent decrees. The judgment of the Judicial Commissioners in that case was......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide intention and the latter's fraudulent acts of exporting inferior ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ut we certainly do not approve of the manner and language in which the learned Judges have chosen to express themselves against a brother Judge of the same Court. It seems that the norms and forms of judicial decorum in the highest court even are not being properly observed and this has caused conce......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....rred to the decision Vine v. National Dock Labour Board reported in 1956 Volume 3 All England Law Reports 939-1956 AC 488 wherein the House of Lords considered the question of the delegation of quasi judicial disciplinary powers and found not only judicial functions cannot be delegated but in some m......eported in 1956 Volume 3 All England Law Reports 939-1956 AC 488 wherein the House of Lords considered the question of the delegation of quasi judicial disciplinary powers and found not only judicial functions cannot be delegated but in some matters of administrative duty also such delegation is not..Category: Election Law | Date: | Hits: 146
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s ante mortem and homicidal in nature. 6. Thus it is clear that the prosecution witnesses who are inhabitants of the locality in one voice stated that the condemned prisoner made extra judicial confession in their presence that he killed the deceased. Coupled with this extra jud......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....treating the same as vested property has neither produced the record of the V.P. Case nor has examined any witness, that the defendant No.3 has disposed of the Exchange case without application of judicial mind as well as not from the judicial point of view, that the suit is not barred by limita......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....the Single Bench of the High Court Division, after hearing, made the rule absolute as stated above. 3. The learned counsel for the petitioners submits that the ascertainment of possession is a judicial act which has to be ascertained by the court upon evidence and an Advocate Commissione......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....the PSC selected the present petitioners for the post of Assistant Professor of Radiology but the learned judges of the High Court Division erred in law in deciding the case without application of judicial mind and without considering the documents and made the rule absolute and as such the impu...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....n law in passing the impugned judgment and order in much as a Division Bench of the High Court Division of the Supreme Court of Bangladesh ought not to have arrogated to itself the jurisdiction to judicially review the proceedings, findings and opinions of the Supreme Judicial Council, which is ......ot justified to make such observation as to alleged non-application of mind by the Hon'ble President. Referring to Article 48 (2) of the Constitution Dr. Hossain submits that in exercise of all his functions save only that of appointing the Hon'ble Prime Minister and Hon'ble Chief Justice of Bang..Category: Others | Date: | Hits: 97
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... the Penal Code shall be tried in accordance with the provisions of the Code of Criminal Procedure. Under Article 101 of the Constitution the High Court Division shall have jurisdiction, powers and functions as are or may be conferred on it by the Constitution or any other law. The urge of the pet..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ...... — (a) on the application of any person aggrieved, make an order ……………………………………….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or ta..Category: Business or Commercial Law | Date: | Hits: 135
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....r in the petition filed by the petitioner under order 39, Rules 1 and 2 of the Code. Accordingly, we find merit in the Rule" and submits that such ‘finding' cannot be legal basis of any judicial order. 4. He thereafter submits that the impugned judgment of the High Court Divisi......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....ected the application summarily. Hence is this petition. 5. In support of the petition Mr. Abdul Malek, learned Counsel submits, inter-alia, that the High Court Division did not apply judicial mind inasmuch as the allegation against the petitioner is closes an offence, if any, of ev......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....is and the same has not affected the title of the plaintiff, that the appellate Court has made the judgment upon non-consideration and mis-reading of the evidence and that also without application of judicial mind to the facts and circumstances of the case. 7. Leave was granted to consider the ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
........................ A pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rul......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
.... the annual return of the company, knowingly and therefore committed offence punishable under Section 397 of the Companies Act, 1994 (the Act). The learned Chief Metropolitan magistrate directed a judicial inquiry into the matter and on the basis of the said inquiry cognizance was taken und......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
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