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BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....quot;a specific legal right" or he must have a "Sufficient interest". Now, after the introduction of the new Rules of the Supreme Court, Order 53 Rule 3, any person can apply for "judicial review" in England under the Supreme Court Act, 1981 if he has a "sufficient inte..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....ime. Refusal of bail will render the appeal infructuous in the event of success of the appeal and in that circumstances the learned Single Judge of the High Court Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: S..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....oulvibazar and prayed to allow her to go with her alleged husband Manik and top record her statement under section 164 of the Code of Criminal Procedure but the Upazila Magistrate instead kept her in judicial custody and sent her to local Jail. Thereafter Rafiqullah, the maternal grandfather of vic..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as wh..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....he lower appellate Court dismissed the suit on the ground that the plaintiffs did not specifically mention the land in suit. Mr. Rashid submits that this finding is the result of non‑application of judicial mind on the part of the lower appellate Court and this has occasioned failure of justice. M..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....costs and the validity of the decree was not under challenge and the main question was whether the auction sale was validly and legally held. It appears that the High Court Division did not apply his judicial mind to those material questions touching upon the auction sale. Consequently, the judgment..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....y other person having interest therein, the Court of Settlement committed serious illegality in so holding. Mr. Khan next contends that the Court of Settlement failed to decide the right of a citizen judicially without applying its mind to the relevant documents produced before it to prove that the ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... Civil Court's jurisdiction in a case it still got power to see whether the tribunal was constituted according to law or whether it had followed the provisions of law and observed the fundamental judicial procedure or whether it acted bona fide. 7. In the instant case the respondents' ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....f Order XLI rule 4 cannot applied to this case." 18. Thus, we have no hesitation to hold that the observation of the 4 DLR case on which Mr. Moinul Huq relied is just an obiter and not a judicial dictum. Mr. Moinul Huq's submission that what is true for a suit is not true of an appe..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....f insanity cannot be decided without taking evidence and a trial of this basic issue in the same suit appears to be the appropriate remedy. The High Court Division having properly exercised its judicial discretion in the matter on the facts of the present case, the same suffers from no illegal..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....urrent judgments of the Trial Court and the Appellate Court below decreeing the suit, when no liberty was given to the parties to adduce, fresh evidence. It was observed: "The long time of judicial decisions is to the effect that the remand order should be avoided as far as possible and e..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....bserved as follows: "A review of a judgment is a serious step and reluctant reason to it is proper only where a glaring omission or patent mistake or like grave e or has crept in earlier by judicial fallibility. A mere repetition through different counsel of old and overruled arguments, a ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....present case, is calculated to affect the standing and respect of the Magistrate and even his capacity to do justice in cases coming before him. It cannot enhance the position of a person occupying a judicial office, in the eyes of those to whom he dispenses justice, that he engages actively in the ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ht to the notice either of the Subordinate Judge (Trial Court) or of the High Court in appeal, but the Judicial Committee observed An "Now the statute is there, and the judges were bound to take judicial notice of it." The award was declared invalid by the Judicial Committee as it was time..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discretion properly in cancelling the bail of the appellant when there is no allegation of ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....tract Agreement that the dispute should first be referred to the Engineer-in‑Charge who when he functions as a referee as Engineer‑in‑Charge he is not debarred from performing quasi‑judicial function as Arbitrator although he happens to be an employee of the Port Authority. Ev..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....xercise of undue influence upon the Civil Surgeon, Rajshahi by Md. Aslam Sarker. On 5.8.85 the City Magistrate rejected the prayer and at the same time declining to accept the final report directed a judicial inquiry by a Magistrate, 2nd Class. 4. Against the order directing a judicial inquiry ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58