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State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ecific statement of overt act in the F.I.R. directly implicating the respondent in non bailable offence. The respondent cannot get the bail as of right and the court is to exercise discretion in a judicial disposition. There is no denying fact that the respondent has been specifically impli......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....lief Act regardless of whether the plaintiffs have title to the suit land. But regrettably both the trial Court as well as the High Court Division in erratic and perfunctory exercise of their judicial function rejected the aforesaid prayer for partition of the suit land by way of amendment ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
.... 7. Having regard to the facts and circumstances of the case and in view of the materials on record, we are of the view that the learned Judges of the High Court Division upon applying their judicial mind rightly passed the impugned judgment and there is no illegality or legal infirmity to......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....sions there are some illuminating passages with regard to the right to form an association, the nature and extent of restrictions that may be imposed on the exercise of such right, and the scope of judicial review of the reasonableness of such restrictions, but the facts of those cases, noted ab......n of the Executive Committee of such Unit." Explanation.-"Chairman of the Zilla Parishad" or "Mayor of the Municipal Corporation" shall include a person for the time being performing the functions of that office." 24. Before the amendment clause (4) of Article 7 read as follows: ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... Courts have jurisdiction to examine into cases whether the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure." 6. There are two parts of this observation of the Privy Council; the first......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....ement with the Upazila Nirbahi Officer 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......without any order as to cost. The impugned judgment 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. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....High Court Division to the effect that the respondent No.2 has acquired a right can not be taken away is not acceptable so we find that the learned Judges of the High Court Division failed to take judicial notice that an Enquiry Committee was formed by the competent authority of the appellants i......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ected papers. 7. Dr. Ali submits that under Order 6(2) of the Trading Corporation of Bangladesh Order, 1972 (shortly TCB Order 1972) the Board of Directors of the TCB in discharging its functions, shall act on commercial considerations with due regard to the interest of the natio..Category: Labour and Industrial Law | Date: | Hits: 80
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....erred revisional application before the High court Division which was rejected and he unsuccessfully moved the Appellate Division. Thereafter a learned Magistrate, First Class, Munshiganj held judicial enquiry and found a prima facie case against accused respondent Ali Asgar Bepari and sent ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....of the informant's son was brought back home. On the basis of the ejhar Godagari P. S. Case No. 10 dated 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, char......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......; shall be substituted. 10. The learned Advocate for the respondent could not show that at the relevant time the post of Chairman was filled up and his duty/ job was defined or the duties / functions of the Managing director as Chief Executive of the Bank were curtailed. 11. Rule 4..Category: Administrative Law | Date: | Hits: 90
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... the litigation after adjudication by the superior Court and as such finality so reached cannot be allowed to be re-agitated in the subordinate Court for the sake of discipline in the judicial arena. The learned Counsel for the appellant submits that plaint so far the same relates t......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....rs of its own existence, date and legal effect, as distinguished from the accuracy of the decision rendered. In other words, the law attributes unerring verity to the sustentative as opposed to the judicial portions of the record. But where the judgment is inter parties; even recitals in such a ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....Government, he is found to be guilty of any misconduct within the meaning of section 12(1) and, in the opinion of the Government, the exercise of power by him as Chairman is either likely to be prejudicial to the interest of the Union Parishad or undesirable from the point of view of public inte......ner was elected as Chairman of Nazirpur Union Parishad, Upazilla-Muladi, District-Barisal and he had taken over the charge of the Union Parishad on 26.01.1998. While he was performing his official functions and public duties as Chairman of the Union Parishad, the respondent No.2 issued impugned ..Category: Civil Law | Date: | Hits: 104
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......er of attorney dated 9.7.1998.
7. The learned counsel appearing for the respondent(s) submitted that Benodi Behari Dutta, an Indian citizen, being not able to stay in Bangladesh and perform the functions of shebait of the deity, should have let the heirs of Jariaki through his six sons and/or ..
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....arged the Rule upon observing "An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it clear that a Court must be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if...... Rule upon observing "An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it clear that a Court must be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if the disp..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....e disclosed by the said two persons for finding others guilty of the offence charged and tried jointly accepting the said disclosure as a piece of evidence against the appellant, since the said extra judicial confession of the said two accuseds who were put on trial jointly with other accused for ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......bilities of the persons constituting these local bodies. It is a common knowledge mat for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishad is to help collection of government dues, rent and taxes. Besides, membe..Category: Election Law | Date: | Hits: 124
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