Search Options
Judgment Advanced Search
Displaying 361-380 of 3812 results.
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......tioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by the prosecution in an application under section 241A of the Co......r. We are of the view that we cannot entertain such a writ in the absence of surrender by the petitioner before the appropriate Court. Accordingly, the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petition for Lea......an accused person who is a fugitive from law and justice." 12. In the light of the above, we find that the writ is not maintainable and accordingly the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......be confirmed/regularized in the service. The learned Advocate further submitted that University Authority acted fairly and justly and there has been no discriminatory and arbitratory exercise of power in dealing with the matter of confirmation/regularization of the service of the writ-petitione......
A.F.M. Mesbahuddin Ahmed, Senior Advocate instructed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5.
Not represented- Respondent Nos.1-4 and 6-9.
Civil Petition for Leave to Appeal No.267 of 2010.
(From the judgment and order dated the 23rd day of November, 2009 pas...........................Petitioners
Vs.
Asia Rahman Shova and others ……………......Respondents
Judgment
March 22, 2010.
Result:
The leave is granted.
Lawyers Involved:
M. K. Rahman, Advocate instructed by Syed Mahbubar Rahman, Advo..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......petitioners created hurdle to continue their running business with out any reason. 9. He lastly submits that the impugned embargo is without lawful authority inasmuch as exercise of statutory power by the public functionaries relying on a unjustified and false report of the Respondent No.6 ......the Respondent No.2. Abdur Razzak - For the Respondent No.5 and 6. Writ Petition No.1449 of 2002. Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of t......trike out the names of the writ petitioners from the CIB list within a period of fifteen (15) working days from the date of receipt of the copy of this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is al..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ...... Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of tota..............Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of t......ave to try the issue and the plaintiff would be required to prove there was no collusion or fraud involved in the application by Munnibai to get the sale set-aside. We think that a fresh trial cannot granted in this case. 29. We are also of opinion that the substantive won by the decree holder ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ich such inter country agreements are carried through. He went on to state that the governmental decision, which attracted the improper attention of the Commission, is so basic that in the absence of discretionary power to take such decisions, every government will be thrown to a state disarray. He ......imordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugn......dhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. Writ Petition No.7250 of 2008. Judgment A.H.M. Shamsuddin Choudhury J.- With a view to impugn charges framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Co......stence of alternative remedy does not deprive the Administrative Court of jurisdiction, it simply requires the Court to exercise it’s discretion: whether leave for judicial review to proceed is granted will depend on whether the statutory remedy is satisfactory and effective. 26. True it ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......te the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no5 to issue the imp......wn Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ...... the respondent no 5 in motion to issue the impugned direction, the same is bound to be capsized by the doctrine coram non-judice. 16. On the question of the High Court Division’s power to grant relief beyond the strict terms of the Rule, Mr. Huq by referring to the book titled the Consti..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......te the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no 5 to issue the im......gladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrat......t the respondent no5 in motion to issue the impugned direction, the same is bound to be capsized by the doctrine coram non judice. 16. On the question of the High Court Division’s power to grant relief beyond the strict terms of the Rule, Mr. Huq by referring to the book titled the Consti..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......ioner in Writ Petition No.7243 or 2008 filed an application for the issuance of a supplementary Rule on the ground that Rule 15 of the And Corruption Commission Rules, 2007, purportedly delegates the power of the Commission to any Commissioner approved by the Commission, whereas the parent Act, name......ruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity with the format of Form 3……………......n the parent Act. Therefore, Rule 15 of Durniti Daman Commission Bidhimala, 2007 is ultra vires the Durniti Daman Commission Ain, 2004. He pointed out that Section 32 of the Act, which relates to the granting of sanction, does not have any provision for delegation of power. On the other hand, he poi..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... who causes arrest of any child to inform the parents of the child and also under section 50 of the Act to immediately inform the Probation Officer. Moreover, the police are totally ignorant of their power to enlarge children on bail under section 48 of the Act even in cases of serious offences, whi...... The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nin......o the District Jail to be kept in safe custody in the children’s ward with the direction for them to be produced on the following day i.e. 24.01.2010. On the next day (24.01.2010) the children were granted bail. 10. The Superintendent of the District Jail, Kishoregonj in his Memo No.155/Bha: S..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......public debuttor property. It has been observed by the judicial committee in Prosonna Kumari Debya Vs. Golap Chand Baboo, (1875) LR 2 IA 145 "that the person so entrusted must, of necessity, be empowered to do whatever may be required for the service of the idol and for the benefit and preservat......p;…...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and adminis...... In Tagore Law Lecture on the Hindu Law of Religious and Charitable Trust by BK Mukherjea, the author on consideration of different authorities and text books has dealt exhaustively on gifts to idol, grants for temple, to whom does the property vest after dedication, hereditary priest, legal positio..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ...... the Respondent No. 3, Barisal City Corporation, by filing Affidavit-in-Opposition denying the material allegations. It has been stated that the then Mayor of the said City Corporation was not empowered/authorized to take any decision to recruit employees since the organogram for the City Corpo......t: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard p......n, has created a vested right entitling them to certain rights under the law. As stated in the case of Kazimuddin (Md.) Vs. Bangladesh reported in 60 DLR (2008) 61 the respondents of theft own motion granted the Petitioners the status of Government servants and converted their posts into regular one..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......rights has been finally published for every village included in such area and such notification shall be conclusive proof of such publication. Chapter VIII of said Rules, 1955 deals with general power of Revenue Officer in revising record-of-rights under section 144 of the State Acquisition and......rul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Rom......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......inance, 2007 and Emergency Power Rules, 2007 had been in force and that the law enforcing agencies, under the Emergency Power Rules, 14 and 15, with a view to prevent corruption, were vested with the power to arrest, inquire and investigate such cases. He further submits that there is no infirmity o......………..Accused-petitioner Vs. The State and another…………………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... country to enable proper and effective implementation of section 50 of the Children Act. Similarly, places of safety must be set up, at least one in every district and local health clinics must be empowered for the purpose of medical examination of victims so that the need to detain victims in cust......tary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......cy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96
In deciding the
case under section 96 of the S A & T Act, the Courts need not make inquiry
in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant b......olding
land contiguous to the land transferred and further held that the case had not
suffered from defect of parties. The learned Munsif also considered the
development made by the pre-emptee and granted compensation and thereby,
considering all the material aspect of the case had allowed the p..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......rores in total as earnest money out of the consideration money in cash, by cheques and pay orders. Subsequently, the accused petitioner No.1 being of old age executed and registered an irrevocable power of attorney on 25.5.2000 infavour of the complainant for maintenance of the said land. The co......sembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......d in his Statement of Assets with the said Commission; that the appellant allegedly did not show the valid source of income of those FDRs and he at various times and places by exercising abuse of his power acquired movable and immovable properties and thus committed offence under sections 26 and 27 ...... released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......nce came to his finding that the signature of the defendant No.1 Abu Tara put in the Bainanama and the specimen signature put by her in front of the Court was identical. The learned Court was fully empowered to compare and tally the signature and hand writing of person if disputed under Section 73 o...... The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md.) Vs. Ekramul...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......ployees) Service Rules, 1982, the aforesaid position of the service of the reluctant officers was being governed by substitute notification dated 18-2-1982 being No. SRO 74-L/82 issued in exercise of power conferred by the Bangladesh Water and Power Development Board's Order, 1972 (PO No. 59 of 1972......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......tions to the authority to allow him benefit of one step out of turn promotion in accordance with the circular dated 11-8-1966. He further claimed that several other diploma engineers had already been granted such promotion on their obtaining degree of BSc Engineering/AMIE. 3. The appellants by ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
81137339438886418817755782948293806152668143896894008682530085878683712484227947