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Displaying 661-680 of 1817 results.

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

.... Khaleque, the learned Advocate appearing for the defendant-petitioner submits that the learned Joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

.... that order an appeal being Miscellaneous Appeal No.186 of 1974 was filed before the District Judge, Bakerganj by Mrs. Nadira where it was alleged that the Administrator of Wakfs without applying his judicial mind and on the basis of no evidence, had passed the illegal order, removing the petitioner..

Category: Trust/Waqf Law | Date: | Hits: 124

Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)

.... No. XXIV of 1982 are only directory in nature. This provision has no mandatory character at all in spite of the use of the word "shall" and non-performance of this provision is not attended with any judicial consequence whatsoever. 4. Mr. Lutful Karim, the learned Advo­cate for the accused peti..

Category: Procedural Law | Date: | Hits: 123

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....l is under review, we are of opinion that the reviewing authority cannot exercise the power of review in a casual, mechanical or capricious manner and instead he has to do it by proper application of judicial mind. 11. Though a Judgment and order passed by the Martial Law Court is only tentative ..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

.... and its agencies that the directions issued by this Court in various writ petitions on ship breaking are meant to be com­plied with. We wish to emphasis that since it is the State to comply withthe judicial orders as constitutional obligation we are repeating the view that let the needful be done ..

Category: Environmental Law | Date: | Hits: 891

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

....ter placing the impugned judgment and other materials on record submits that the learned District Judge seriously erred in law in passing the impugned judgment and order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa..

Category: Civil Law | Date: | Hits: 176

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....urts have jurisdiction to examine the cases as to whether the provisions of an Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. 5. However it appears from the application for rejection of plaint and the im..

Category: Trust/Waqf Law | Date: | Hits: 131

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

.... of a judgment or award as may be obtained against the P. & I. clubs on the letter of Guarantee. In considering Ms. Jahan's argu­ments it has not escaped this courts attention that not only have judicial pronouncements in this jurisdiction endorsed and sanctioned the effect of a guarantee and t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....point of view we find no reason why the Rule cannot be maintainable. Secondly even if a Criminal Case is filed by the petitioner for cheating etc., we see no bar in maintaining this Writ Petition for judicial review for the administration’s alleged inaction. 22. The University of London was es..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....the consideration of any oral or extraneous evi­dence to contradict the terms of an instrument when it is proved under section 91, subject, of course, to certain exceptions. There is unifor­mity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it i..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....under sec­tion 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said juris­diction can and should be exercised by the High Court. 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: 115

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... of restraint shall not be used except in the following circumstances:- (a) As a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority; (b) On medical grounds by direction of the medical officer;..

Category: Constitutional Law | Date: | Hits: 219

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

.... correct evaluation of the facts and materials of the case. 30. On and overall consideration of the entire materials on record, I am of the view 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 erroneousl..

Category: Property Law | Date: | Hits: 117

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

....way of an application from, the prosecution which in the instant case was not there. Furthermore, it was highly improper and unbecoming on the part of the Sub-Divi­sional Magistrate to have passed a judicial order upon a communication sent by the Superintendent of Police to the Court Ins­pector, P..

Category: Criminal Law | Date: | Hits: 94

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ecision of our jurisdiction about application of sections 237, 238 and 239, of the Act. However, there are decisions of foreign jurisdiction where probate was granted without the original 'Will'. The judicial pronouncement in the similar line reported in AIR 1939 Calcutta 674 stands to show that a p..

Category: Property Law | Date: | Hits: 113

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....port of his contention that when an award is void, ab initio the aggrieved party need not file any objection whatsoever under section 33 of the Arbitration Act and the Court is competent to take into judicial notice suo motu the fact that the award itself is void ab initio and can set the same at no..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

....sheeted as co-accused along with him, how could accused Humayun be singled out as being a victim of enmity. 9. It is now well settled that according of consent is not a mechanical process but a judicial consent to be exercised judiciously with due care and caution after proper appli­cati..

Category: Criminal Law | Date: | Hits: 145

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....on of the Court and will not be done unless complete justice can be done by the party seeking it. Discretionary is not arbitrary or capricious but it must be regulated upon grounds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court wil..

Category: Civil Law | Date: | Hits: 102

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....rred above, it was obser­ved that “the question whether sufficient cause for readmission of an appeal dismissed for default has been made out or cot is not one which can be decided with the aid of judicial decisions, except insofar as the decisions lay down any principle of universal application...

Category: Procedural Law | Date: | Hits: 143

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....inor defendant. Power of a mother for transfer of property belonged to her minor son without being appointed as guardian and without getting any permission from a Court of law has been decided by the judicial committee of the Privy Council in the case of Iman Bandi Vs. Mutsuddi, reported in 45 IA 73..

Category: Civil Law | Date: | Hits: 129