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Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ory restrictions relating to payment of monthly rent within certain date, if disregarded by the tenant, disentitles him to the protection against eviction for default in payment of rent. By judicial interpretation of these provisions which impose-such restrictions the only exception which,..Category: Tenancy Law | Date: | Hits: 214
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
.... must be furnished so that the Court granting permission to withdraw can act judicially in granting withdrawal. But in a case of revival under section 339D, the Court is not to determine anything judicially. In such circumstances we can not search for the Government advice or instruction which p..Category: Procedural Law | Date: | Hits: 143
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....করাতে আইনতঃ কোন বাধা নাই।” and the case of Mahmudul Vs. State, reported in 53 DLR (AD) 21 where it has been held: "Judges are competent to take judicial notice of the fact about the present condition of law and order situation in the country an..Category: Criminal Law | Date: | Hits: 128
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... assigning any reason proving justification for the same. If no reason is necessary to terminate the service of a probationer then giving of grounds will not change the position and it is not for the judicial Tribunal to make enquiries. The satisfaction of the employer cannot be objectively tested. ..Category: Employment/Service Law | Date: | Hits: 166
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....nd that the Court of appeal below without assigning any reason abruptly came to the finding on the point of defect of parties. This finding of the High Court Division is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has..Category: Property Law | Date: | Hits: 138
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
.... or tribunal is constituted to do justice to the parties and not to throw away a case on technical ground. We are shocked to see that the chairman of the Labour Court who is an experienced and senior judicial officer failed to do justice to the petitioner though he found the order of dismissal of th..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....eopen ballot boxes and recount of votes (by the Election Tribunal) not provided for either in the Local Government (UP) Ordinance or the Union Parishad Election Rules, 1983 but just an outcome of the judicial decisions as clearly laid down from time to time. The principles stated in the Judgments of..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
.... of wider import covering both interlocutory and final orders. 13. Generally words used in a statute are to be construed in their ordinary dictionary meaning, but it has been poured out in various judicial decisions that the simple device of adopting the ordinary dictionary meaning of the word us..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....learned Sub-Divisional Magistrate, Tangaii to hold further inquiry. On receipt of the records from the learned Sessions Judge Tangail, the learned Sub-Divisional Magistrate, Taogail sent the case for judicial enquiry to the Thana Magistrate, Mirzapur. Mr. Forhad Kossain, Magistrate after judicial en..Category: Criminal Law | Date: | Hits: 168
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....suit will affect the result of the subsequent suit and the cause of action arose in respect of shop No.7. it is further submitted that the learned Assistant Judge, 1st Court, Dhaka, did not apply his judicial mind. 11. In reply to this contention the learned advocate appearing for the opposite..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ocate appearing for the petitioner, seriously assails the impugned order of the learned District Judge on various grounds. His first contention is that the learned District Judge without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law has pass..Category: Procedural Law | Date: | Hits: 125
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....cting President's Order No.1 of 1972) but does not include. (a) any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any property which is in the possession of or under..Category: Property Law | Date: | Hits: 158
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....owever, stands on a different footing and in the case of such a mistake the exercise of inherent power of a Court is not subject to those limitations on its exercise which have been set down by the judicial authorities (notified in the said decision). 4. The Supreme Court of India in the case o..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....formant Ayub Ali ran to catch hold of appellants and on reaching Tayeb Ali's shop he found that appellant Nowsher was caught by P.W. Akram, Tayeb Ali, Motleb, and there appellant Nawsher made extra judicial confession in his presence as well as in presence of those persons stating that he (Nowsher..Category: Criminal Law | Date: | Hits: 134
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....n inflexible proposition that 'suspension', though purely a temporary measure by the employer or the controlling authority pending a departmental enquiry against a delinquent employee, is immune from judicial scrutiny. In an appropriate case, the Court can certainly adjudicate upon its legality and ..Category: Employment/Service Law | Date: | Hits: 194
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....rsons acquitted u/s 247 Cr.P.C." 6. From the above quoted order it appears that in this case those conditions are absent and the order of the learned Magistrate betrays want of applications of his judicial mind. He passed the impugned order on the ground that the complainant was absent on calls b..Category: Criminal Law | Date: | Hits: 123
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....l cases. Thus having considered the prosecution case vis‑a‑vis the defence case we are of the opinion that the defence case "fits in human nature and conduct" and on the strength of the aforesaid judicial pronouncement of the Appellate Division we are of the view that the appellants in this ease..Category: Criminal Law | Date: | Hits: 145
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....levant provision of the CrPC. The special jurisdiction of this Court exercisable under section 491 of the Criminal Procedure Code cannot be invoked for questioning the legality of a detention under a judicial order of a Magistrate. The first ground of attack of the learned Advocate must fail. 7..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
.... procedure which it finds expedient for maintaining and securing the rules of natural justice. A Labour Court has to decide an application under section 34 of I.R.O. submitted by individual workers judicially and not arbitrarily; so for that purpose it will have to adopt and follow some judicial p..Category: Labour and Industrial Law | Date: | Hits: 204