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Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....rdinance before making the impugned order. It is further stated that the Govt. has failed to apply its mind in forming opinion that the exercise of powers of the petitioner as Chairman is either prejudicial to the interest of the public or undesirable from the view point of public interest. 4..Category: Others | Date: | Hits: 175
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....ty was late Abdul Jalil who left the suit premises and took shelter in Murapara camp within the country during the war of liberation. He did not leave Bangladesh and as such, his absence cannot be prejudicial to the interest of the country and for the temporary absence, the property cannot be declar..Category: Property Law | Date: | Hits: 107
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....t next relied on the case of Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17 BLD (AD) 313 = 2 BLC (AD) 173, wherein it has been held that: "It thus appears that the pre-ponderance of judicial decisions in the sub-continent is that whether it is a suit for foreclosure or for sale the..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....ner is apprehensive of the result of the case if the trial Court passes a decree relying on the said report. He further submits that the trial Court has passed the impugned order without applying his judicial mind, etc. 7. Mr. Nazrul Islam Talukder, the learned Advocate appearing for the plaintif..Category: Civil Law | Date: | Hits: 122
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ent act, the master is not responsible; for in such a case the servant is not acting in the course of his employment, but has gone outside it. 38. Remedies for torts are of two kinds, being either judicial or extrajudicial remedies by way of an action at law, and remedies by way of self-help. ..Category: Civil Law | Date: | Hits: 339
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....the function which the Member, Appellate Tribunal discharges in deciding an appeal from the decision of an Arbitrator is a Judicial one or a function in his private capacity. If the function is a judicial one then it is amenable to the jurisdiction of this Court under section 115 of the Code of ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....statutory regulations, if any in force, or in the absence of such regulations, in accordance with the rules of natural justice. Such an enquiry into the conduct of a public employee is of a quasi-judicial character. The respondent was employed by the appellant-Corporation in exercise of the powe..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....t against the accused petitioner and other accused on 25.8.88. 14. Even before the aforesaid sub-section (3B) of section 173 Cr.P.C. was inserted by Ordinance XLIX of 1978 only to make the already judicially settled legal position clear regarding further investigation by the Police and submissi..Category: Criminal Law | Date: | Hits: 127
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....nt, he simply stated that he was innocent, as such, the story of confession was appeared to be incredible. 44. With regard to wife-killing case, by now the law has been well settled by the several judicial pronouncements of our Appellate Division and as well as by the High Court Division. That is..Category: Procedural Law | Date: | Hits: 118
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....urden the judgment as the trend of the decisions in the those cases is in the line of the decisions discussed above. Thus from the discussion of the cases above it seems to me that balance of the judicial pronouncement is in favour of the proposition of law that an appeal lies under Order 43, ru..Category: Property Law | Date: | Hits: 109
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....ngh Vs. The State of Punjab and another, 1956 (SC) 391 and drawing my attention to paragraph 37 of the report at page 399 submits that there is clear distinction between the administrative work and judicial work of a Court and the judicial function cannot be transferred to some other Court. He s..Category: Election Law | Date: | Hits: 192
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....him. As Sayeed resultantly fell to the ground Tutul is said to have slit his throat and Ripon cut his tendons with both these injuries proving to be immediately fatal. 6. According to Moksed's judicial confession, the group, thereafter, hatched a further plan to do away with Badshah as well a..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....eat what Lord Lorebum LC said in the case of Vickers, sons of Maxim Ltd. 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 providin..Category: Constitutional Law | Date: | Hits: 443
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....matter we have come across 3(three) terms‑ "State language," "official language" and "court language". State language means the language to be used in all state activities‑executive, legislative, judicial, etc. Official language means the language to be used for the purpose of the business of th..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....urt of appeal below that it is not denied that the plaintiff left Bangladesh for the purpose of Haj pilgrimage and that there is also nothing on record to show that he participated in any activity prejudicial to the interest of Bangladesh or against the liberation war while remaining outside Banglad..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....r negligence against a barrister would invevitably involve the re‑trial of the original proceeding or because the Barrister shares in general immunity which as given to all those taking part in the judicial process. But the law Lords in Saif Ali Vs. Mitchell and Co. (1980) AC 198, cut down the ext..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....mned prisoners Rokeya Begum, Shahidul Islam and Md. Kamal submits that there is no eye witness of the occurrence in this case and that the conviction of the condemned prisoners is solely based on the judicial confessional statements made by condemned prisoners Nazma Sarker @ Beauty and Rokeya Begum ..Category: Criminal Law | Date: | Hits: 98
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....cided by the Election Tribunal after taking evidence. It was further held: "The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively...Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....parliamentary election. The grounds are totally non‑existent as the detenu is no more in power and there was no ground to detain the detenu as the reasons shown do not come within the purview of prejudicial acts and the detention for public safety and public order is unfounded and unlawful and the..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....Dabiruddin Shaikh, his successor‑in‑office Mr. Md. Abdur Rashid Miah by order No.24 dated 17.9.89 set aside the order acquitting the accused petitioner and fixed the case for fresh trial. 5. A judicial officer of the rank of a Court Subordinate Judge exercising power of Sessions acted in such..Category: Criminal Law | Date: | Hits: 73