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Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....Lahore 373, considered and explained the Privy Council decision of Probodfi Kumar Das Vs. The Dantmara Tea Co. On the basis of the well-established principle of the interpretation of judicial decision that the judgment of a Court is meant to apply to the facts of that particula..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....f Order 12, rule 4 CPC which is applicable in the trial of civil suit. Mr. Muhammad Habibur Rahman appearing on behalf of the opposite party No.1 contended that the Ordinance gives the District Judge judicial control over the work of the Administrator and in the exercise of his function the District..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
....rriage even though it is no longer possible for the spouses to live within the limits prescribed by Allah but this Court did not say that this could be done without observing the fundamental norms of judicial procedure. It is a basic principle of all judicial process that the defendant should have a..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... but to say that a failure to follow the prescribed mode must render the exercise of the jurisdiction invalid and illegal was too wide a proposition. His Lordship noticed that there was divergency of judicial opinion on the point; but distinction was made between existence of elements which were ess..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....cuted on behalf of the minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in t..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....the present appellant preferred this First Miscellaneous Appeal. 9. Mr. Golam Arshed, the learned Advocate appearing for the appellant submits that the Court of Appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject most illeg..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....O list serving in the Departments of Bengali and Political Science. 17. Articles 29 and 31 of our Constitution relates to equality of opportunity in public employment. It is well settled through judicial pronouncement of the apex Court that persons serving in same category/class are to be treat..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Category: Constitutional Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....tion 27 of the said Ain. The case considered by the High Court Division is distinguishable and the same is not applicable in this case. 6. The High Court Division has not at all applied its judicial mind in acquitting the respondent. The question has already been settled by this Divis..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....t Division has set aside the conviction and sentence without entering into the merit of the case on relying a case which has no application in the appeal and that too, without application of its judicial mind'. The manner of the disposal of the appeal is deprecated. 4. This matter was ..Category: Criminal Law | Date: | Hits: 2
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ld not be proved without assigning any reason whatsoever. He also observed that in disposing of the matter the learned Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying ..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....f the jail gate. It is contended that since 1974 the detenu was in detention and, therefore, the detention order under the Emergency Powers Rules lacks its basis because he was incapable of acting prejudicially during the period of his detention. Secondly, it is argued that the respondents have arbi..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....rd Lorebum, LC said in the case of Vickers, sons of Maxim Limited Vs. Evans 1910 AC 444: "My Lords, this appeal may serve to remind us of a truth sometimes forgotten that this House sitting judicially does not sit for the purpose of hearing appeals against Acts of Parliament, or of providi..Category: Civil Law | Date: | Hits: 2
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... the case of Farid Sons Ltd. Vs. Pakistan reported in 13 DLR Supreme Court page 233 in which his lordship correction C.J. Pronouncing the judgment at paragraph 69 held as under:- "The consensus of judicial opinion, however, is in favour of the view that if upon an administrative body has been cas..Category: Business or Commercial Law | Date: | Hits: 72
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....uch misreading and misapplication of evidence; that the learned Tribunal erred in failing to note the contradictions in the depositions made by the P.Ws.; that the learned Court failed to apply his judicial mind in assessing the evidence and that the impugned Judgment is illegal and unwarranted by..Category: Criminal Law | Date: | Hits: 36
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....public record or copy thereof from any office; and (e) Issuing commissions for the examination of witnesses or documents. (3) Any proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (Act XLV of 1860). (4) A ..Category: Procedural Law | Date: | Hits: 24
Category: Environmental Law | Date: | Hits: 362
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....r order or orders passed as to this Court may seem fit and proper. 2. Mr. Rafi Ahmed, the learned Advocate appearing for the accused-petitioners, referring the police report dated 9.8.2001 and the judicial inquiry report dated 3.9.2001 as contained in Annexure B & C to the application submits..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....e is available or has been provided by the Code itself. This power cannot be so utilized as to interrupt or divert the ordinary course of criminal procedure as laid down in the Code. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule ..Category: Criminal Law | Date: | Hits: 24
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....t all transferable although it was done in the instant case by Nazar Ali and taking no notice of any of the situations disclosed above, the trial Court decreed the suit without application of its judicial mind. 25. Lastly, in view of the facts and circumstances disclosed above, it is also e..Category: Civil Law | Date: | Hits: 133