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Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... 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. ...... 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
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......ition was disposed of by the Appellate Division granting leave to consider the following two points: “(a) Whether the Order dated 31-7-70 could only be set aside on appeal or on review under order 47 rule 1 CPC. (b) Whether the respondent Abani who is an Indian and ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....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. ......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 be preci..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....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. ......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 which the..Category: Constitutional Law | Date: | Hits: 124
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......x and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified to rely on an earlier decision of this Court which, on review, was subsequently reversed………..(7) Cases Referred To- ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......nal Deputy Commissioner (LA) informing him that his prayer has been rejected, directed him to vacate the premises; thereafter he sent an application to the Ministry of Land Administration for review of the said order but with no effect and thereafter the impugned order dated 20-9-1990 was i..Category: Labour and Industrial Law | Date: | Hits: 83
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....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. ......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)
....o jurisdiction under Section 561A of the Code of Criminal Procedure to issue a suo moto Rule upon the opposite parties in the Rule. (b) The High Court Division had no Constitutional or Judicial power to legislate or create of its own a cognizable offence. (c) Hartal ......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
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......No. 1910 of 2002) Judgment: Md. Ruhul Amin J.- This petition for review is directed against the judgment dated December 4, 2004 in Civil Petition for Leave to Appe..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......ave 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 Act in i..Category: Fiscal/Taxation Law | Date: | Hits: 107
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... 2003). Judgment: Md. Ruhul Amin J. - This petition has been filed seeking review of the judgment dated February 2, 2005 in Civil Petition for Leave to Appeal No. 360 of 2003..Category: Civil Law | Date: | Hits: 106
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... 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. ...... 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
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ernational partners setting up a target for Bangladesh which is to have, by 2015, major proportion of people without sustainable access to safe drinking water and basic sanitation. The report, reviewing implementation of the MDGs by Bangladesh, further notes the following as a specific chal..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. .......101 of 2005 (From the Judgment and Order dated May 15, 2005 passed by the Appellate Division in Civil Appeal No.1 of 1999) Judgment Md. Ruhul Amin J. - This petition has been filed seeking review of the judgment dated May 15, 2005 in Civil Appeal No. 1 of 1999 allowing the same. The civil..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......er 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1910 of 2002) Judgment: Md. Ruhul Amin J. - This petition for review is directed against the judgment dated December 4, 2004 in Civil Petition for Leave to Appea..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....agistrate, First Class, and as such he is competent to record statements of witnesses under section 164 CrPC; but his primary duty is that of the Chief Executive Officer of the Upazila Bureaucracy. Judicial duties are discharged by the Upazila Magistrate and in his absence by the Munsif-Magistrate......l. By practice this Division does not interfere with a finding of fact, more so with a concurrent finding of fact of the High Court Division and the trial Court. It would not normally reappraise or review evidence or enter into the credibility of the evidence with a view to substitute its own opin..Category: Criminal Law | Date: | Hits: 74
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rt to exercise the jurisdiction as was conferred upon him by the aforesaid provision of Order 6, rule 17 of the Code. The learned Judges of the High Court division appear to have taken the correct review in the matter and rightly exercised their revisional jurisdiction in setting aside the order..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122