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Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....d the same cannot be a valid ground to reject the case if otherwise the case is maintainable in law. Finally, Mr. Nurul Amin submits that the impugned judgment is a product of non application of judicial mind and suffers from patent illegality and, as such, the same is liable to be set-sai......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....on has repeatedly held that the court should not be oblivious of the theme that when the finality is attached to the judgment delivered by a court, particularly the judgments at the apex level of the judicial hierarchy, upon a full-fledged hearing of the parties, a review petition being neither in t......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
.... the court below passed an ex-parte decree holding that though the defendant was given time to file written statement they did not file the same. Absolutely on a perverse finding and without applying judicial mind the Court below decreed the suit ex-parte where in so doing not even the plaintiff was......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....s shortly, includes an attack up on any Judge in his public capacity for, such attack would be calculated to malign the Judge and to lower the authority of the Court over which the Judge performs his judicial function. At the same time, it also amounts to interference with thereof. Criticism of Judg......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....y question. Who is Mr. Toby Cadman? Mr.Cadman is a barrister specializing in international criminal law, with particular knack for such areas as war crimes, international terrorism, extradition, judicial review, prison law and human rights law. Thus, when someone with his skills and expertise w......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
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Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e Petitioner….. (17) In the instant case, there was nothing on record that could have reasonably led the Court of Settlement to find otherwise. The Court of Settlement without following a judicial approach in determining the question of facts involved in this case unfortunately passed th......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......reas, besides his own. But, for those reasons, he cannot be appointed as the president of the GB of UMHSC. There are many other respectable and competent persons too, who are also able to perform the functions of the president of the GB. But, none can be appointed meddling or in violation of the pro..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......for inviting tender for auction. Section 48 of the Ain clearly stipulates that for the purpose of counting days under Artha Rin Ain only the working days of the Court i.e. the days on which the Court functions (বিচারকের কার্যদিবস) should be taken into consideration...Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ...... clearly stipulates that the VAT Act has categorized from whom, when and how evaded VAT is to be collected. By no means the impugned memos are in keeping with law since the ACC cannot assume the functions of VAT authority. 18. The impugned memos as envisaged in Annexures A, A1, A2 and A3 t..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......-1 of the said Rules states the occasion, on which, national anthem is to be played. Schedule-1 states 20 occasions, on which, national anthem, are to be played. Of them, 18 occasions relate to State functions. Serials Nos. 19 and 20 are two occasions, which are not State functions. Serial Nos...Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
....dvancement in the Magistracy’. (Radzinowiez, L. In search of Criminology, Ex. 1961 P.70). Subsequently the Ninth International Prison Congress in 1925 resolved at its London meeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and...... latter an executive, responsibility ..... It has been repeatedly held that not only determination of guilt but also determination of the appropriate measures of punishment are judicial not executive functions. The Judicial Committed held as under:
“It follows that the decision as to the ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
.... advancement in the Magistracy’. (Radzinowiez, L. In search of Criminology, Ex.1961 P.70).Subsequently the Ninth International Prison Congress in 1925 resolved at its London meeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and......er an executive, responsibility .....
It has been repeatedly held that not only determination of guilt but also determination of the appropriate measures of punishment are judicial not executive functions. The Judicial Committed held as under:
“It follows that the decision as to the ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......e correction of obvious errors i.e. arithmetical or clerical before final publication of the record-of-rights. Rule 44 empowers the Director of Land Records and Surveys to discharge all the aforesaid functions of a Revenue Officer as empowered under the aforesaid Rules including rules 40 to 42. ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ction 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. The High Court Division discharged the Rule. In such back ground of the case, the Appe......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....r the Act to remain fully compliant with statutory prescriptions as under Section 81. In this regard, the Court must proceed on the basic assumption that in entertaining applications as this the judicial effort must be as a matter of prudence and indeed in the interest of good business to ......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
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Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....arriage of justice. A review of judgment is a serious step and the Courts are reluctant to invoke their power except where a glaring omission or patent mistake or grave error have crept in earlier by judicial fallibility. It must be conferred by law either specifically or by necessary implication an......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
....71) observed that the rules of natural justice applied to 'any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
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Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
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