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Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....d. Redwan Ali, P.W. 10, in pursuance of the said confessional statements, arrested some of the other accused persons and forwarded them to the court and then by the court's Order sent them to the judicial custody. During investigation a prima-facie case was made out against the accused persons a......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....d it is impounded in public interest. There is no mention of any state interest or integrity. 18. The expression public interest is nowhere defined in the Passport Order. It has however received judicial interpretation years ago from the courts of English Jurisdiction. In South Helton Coal Comp......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....sistant Secretary, of the Ministry of Home Affairs and it is dated 29.4.92 under section 3(1)(a) of the Special Powers Act ordering that he may be obtained for 120 days for indulging in activities prejudicial to the economic and financial interest of the State. On the same day after the detenu was a......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
.... by the inquiring officer exceeding a week was given due to unprecedented and devastating flood in Dhaka which was beyond the control of the inquiring officer and the authority concerned. We can take judicial notice of the fact of devastating and unprecedented flood that took place in 1988 in this c......nate to that by which he was appointed; (b) to appoint or engage such officers and other employees, advisers, consultants on contract as it considers necessary for the efficient discharge of its functions on such terms and conditions of service as it may determine; (c) to carry out all tec..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....nd thereby warrants interference by this Court in revision. As to the other order dated 12.5.90, we also find that the same has been passed without assigning any reason and without application of the judicial mind of the learned Subordinate Judge and hence the same is also liable to be set aside, bu......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....n shall be called in question except by an election petition before the tribunal". In coming to the decision in the case of the Secretary of State Vs. Mask & Co., their Lordships of the judicial Committee referred to the judgment of Willes, J in Wolver Hampton New Waterworks Co. Vs. Ha......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....the same and then he has submitted that the impugned order is not at all a speaking order and the same has been arbitrarily and illegally passed by the learned Subordinate Judge, without applying his judicial mind to facts and circumstances of the case and the relevant laws. Hence, the same cannot b...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
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......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..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......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..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. ......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...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..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...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....purpose or on any ground under the Special Powers Act and as such the said order was passed without lawful authority and for collateral purpose and not for preventing the petitioner from doing any prejudicial act. It was passed without lawful authority with mala fide motive. 4. The respondent No.......without lawful authority on the application of any person when the detenu is in custody. But under Article 102(2)(a)(ii) this Court may declare any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority to have been done o..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
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......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..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......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..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 ......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...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' ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..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......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..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...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91