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Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....l found the occurrence to be true. 6. Section 134 of the Evidence Act provides that no particular number of witnesses should in any case be required for the proof of any fact. The consensus of judicial opinion is that if believed conviction can be based on the solitary evidence of a witness, ......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....e look at the several legislative changes in respect of the provision relating to setting aside a sale by an application made to the executing Court which appear to have been made in keeping with the judicial interpretation of the said provision from time to time. The relevancy of such legislative......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....ary in the said decision, for the purpose of examination of witnesses on commission the order issuing direct commission, learned Counsel contends, was made without exercising proper judicial discretion and as such was without jurisdiction. 9. Learned Attorney-General has al......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ow's Remarriage Act, 1856 a Hindu widow, by remarriage forfeited her right to her husband's property even if such remarriage was allowed by the custom of her caste, as there was divergence of judicial opinion on this point. 8. It should be pointed, at the outset, that, so far as, th......nbsp; ..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......nected therewith. From the said recital, it is clear that the legislative intent was that both recognised trade unions as well as registered trade unions which were not recognised should have functions under the Act. A recognised Trade Union must necessarily be a registered Trade Union but ..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... In Mridha's case the points considered by the Appellate Division were whether the order of detention passed by the sub-Divisional Magistrate under clause (3) of Article 13 of P. O. 50 was a judicial order passed by a court or it was an administrative order and whether in the facts and cir......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......dy existing Municipal bodies, which now co-existed with the said basic democratic committees after the said Order had come into force. According to article 31, such Committees had to 'perform functions, relating to national reconstruction, social uplift etc. in addition to those which were ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....the sole point for consideration, now that Mr. Attorney-General has conceded the question of maintainability of the Writ Petition under Article 102, we are to gather the principles from the leading judicial authorities in the matter as there is no direct law on the subject. No doubt, some help co...... a corporation is not determined by the nature of its origin and the policy of the law, but by the nature or purpose of its business. When a corporation is invested with some portion of the sovereign functions of the Government which is to be exercised by the corporation for the benefit of the publi..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ttee of the Privy Council, where a view has been taken that notwithstanding absence of an express provision for appeal, a decision made by a Court on appeal from an order passed by a non-judicial body becomes amenable to appeal because of the nature of the proceeding taken and the cha&......on, but the right of appeal in respect of such an order is necessarily implied from the existence of such a right under the provision of the Land Acquisition Act under which such a Court ordinarily functions. 24. We shall have to examine this contention a bit critically as it r..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....vidence to disappear namely, the dead body although no such charge was framed against them at the commencement of the trial. The High Court having dismissed the appeal it was taken before the judicial committee to consider the question whether such conviction was warranted under the Code of...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....s function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administrativel......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....r granted to consider this aspect that one witness during Test Identification Parade recognised the accused as the assailant of the deceased and, as such, the learned Judges did not exercise their judicial discretion in accordance with settled principle of law as enunciated under section 497 of ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....ts members alone. Leave was also granted to consider the submission of the learned Advocate as to whether the High Court Division was correct in holding that the Election Commission was not acting judicially and it was not a quasi judicial body, and it was acting in its administrative capacity. ...... member can only act under section (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Election Commission cannot authorize him, in..Category: Election Law | Date: | Hits: 144
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......gned order merely means that the present petitioner should make over the charge of the Waqf Estate to the Chief Mutwalli and the Joint Mutwallis should assist the Chief Mutwalli in discharging the functions of the Waqf Estate. The impugned order does not mean that the petitioner is excluded from..Category: Property Law | Date: | Hits: 47
Special Reference No. 1 of 1995, 24 CLC (AD)
.... to the decision of concrete cases coming before it. 17. Section 4, Judicial Committee Act, 1833, (3 and 4 William IV, C 41) provides: "It shall be lawful for His Majesty to refer to the said judicial committee for hearing and consideration of any such other matters whatsoever as His Majesty......y the people but by Members of Parliament in accordance with law (Article 48(1). The President in the USA is the Executive Head of Government, but in our Constitution the President in exercise of his functions, save only that of appointing the Prime Minister and the Chief Justice, shall act in accor..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....ract of insurance under review, which criginating from this decision AIR 1914 (Bom) 2251 has held the field for almost three quarters of a century, should be disturbed, Successive affirmations by judicial pronouncements have made it assimilate in the mainstream of the law of insurance and ha......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....er that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incriminating documents in its possession in support of the prejudicial activities indulged in by the detenu which necessitated his detention and that the grounds ......racy and retaliation that the Bandar Sheba Asram, a social organisation of the Hindu employees of the Authority, with an object of developing cultural and religious values and for observing religious functions was established in 1978 under the patronisation of the Port Authority and the detenu was n..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... how this discretion will be exercised has been specifically indicated in section 22 (11) itself. It provides that the discretion of the Court is not arbitrary, but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The Indian Supreme Court, in Sa......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....espondent No. 1 concerning the order dated 8.8.84 or any conclusion drawn by him regarding the death or otherwise of Syed Mohammad Azam during the pendency of the said title suit is an affront to a judicial proceeding and is an attempt to pre‑empt a judgment. Respondent No. 4 being dissatis...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....e, it will not only amount to a no‑confidence in the rule of law but also encourage very positively the expedient way of, what is called, "access" or "tadbir". It is particularly disturbing for the judicial conscience because it is unthinkable that it person can be permitted to come up with a peti......and for a public purpose is made by the Government under Ordinance No. 11 of 1982 and that in this case, if this principle is applied the Government will be prevented from discharging their statutory functions. We do not think that exclusion of the appellant's land from the area covered by the Land ..Category: Property Law | Date: | Hits: 79
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