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Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....in an application under section 561A of the Code when the case was fixed for trial and was adjourned at his instance on two dates. The High Court Division is over-burdened with cases of this type and judicial time is spent when there are huge backlog of cases and genuine litigant citizens seeking ju..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....o find out the real character of the confession. In the case of Alauddin Khan Pathan Vs. State, reported in 19 BLD 74 refers by the learned Advocate for the Appellants, it has been held that; "The judicial consensus is that the requirements of the mandatory provisions of section 164(3) of the C..Category: Criminal Law | Date: | Hits: 112
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....ntitled. It is desired by this Court that the assurance given before the Court by Mr. Nurullah shall be honoured by the respondents. 33. Considering the facts and circumstances of the case and the judicial pronouncements as referred to above, I am of the view that the petitioners have failed to m..Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....2nd Amendment, enabled the Indian Parliament to establish under Administrative Tribunal Act, 1985 Administrative Tribunals, in regard to civil servants for settlement of disputes, excluding powers of judicial review of the High Court given under Articles 226 and 227 of the Indian Constitution but no..Category: Administrative Law | Date: | Hits: 326
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....n of the plaint without giving any reason. I find substance in the submission of the learned Advocate for the petitioner that the learned Assistant Judge rejected the application without applying his judicial mind. No written objection has been filed by the plaintiff‑opposite party against the app..Category: Procedural Law | Date: | Hits: 85
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....e by anyone to the master of a Servant in good faith regarding his conduct is not defamation. In the instant case although the Hon'ble Chief Justice is not the appointing authority of the complainant judicial officer, in view of the provisions of Article 116 of the Constitution of Bangladesh the Hon..Category: Criminal Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....ontrary, the submissions advanced by the learned Counsel for the opposite party Nos.1-10 prevail and appear to have a good deal of force. 23. In view of discussions made above and the preponderant judicial views emerging out of the authorities referred to above, I am of the view, that the impugne..Category: Property Law | Date: | Hits: 98
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....recting them to attend the Parliament has become infructuous. 10. Respondent No. 5 has filed an affidavit-in-opposition stating that the subject matter of the writ petition is outside the scope of judicial review of the High Court Division, as such, the petition is not maintainable. It is further..Category: Constitutional Law | Date: | Hits: 344
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....nsation Board, Ex parte Lain [1967] 2 Q.B. 864. So it was held in Reg. Vs. Board of Visitors of Hull Prison, Ex parte St. Germain (No.2) [1979] 1 WLR 1041 that a prisoner is entitled to challenge, by judicial review, a decision by a prison board of visitors, awarding him loss of remission of sentenc..Category: Employment/Service Law | Date: | Hits: 208
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....tted the offence of murder of the deceased Ayesha Akhter in a preplanned, cold-blooded and brutal way which is supported by the evidence of disinterested and natural witnesses as well as by the extra judicial confession and inculpatory confessional statement made by the condemned prisoner which was ..Category: Criminal Law | Date: | Hits: 118
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....e 9 of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate for the petitioner further submits that the learned Munsif erred in law in failing to apply his judicial mind into the facts and circumstances of the case and the same has resulted in error in the..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... of the same. In the case of Atikullah Khan Masud Vs. State reported in 15 BLD (AD) 14 it has been observed that contention of the appellant that the Magistrate was not independent in the exercise of judicial function was not correct. 9. We have already noticed that there is specific allegation a..Category: Criminal Law | Date: | Hits: 93
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....s submitted. In that case it was observed that cognizance refers to a State of mental condition at which the Magistrate or Judge, as the case may be, decides upon taking necessary steps to initiate a judicial proceeding against a personal accused of an offence for placing him on trial with a view to..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
.... it. The bar under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959 could not be raised because the Supreme Court found "the finding in this case is no finding for which protection against judicial examination can be claimed and the order which proceeded thereon is equally liable to inter..Category: Employment/Service Law | Date: | Hits: 196
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... 45 it seems to me that provision of the Article does not apply to a case where an order is passed for promotion of a member of the disciplined force and, as such, orders impugned is not immuned from judicial review. But where an order is passed retiring a member of disciplined force such an order i..Category: Employment/Service Law | Date: | Hits: 244
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... aside. 4. When the District Judge noticed some peculiar features of the case and complicated question of title in view of the settlement in the vested property Case No.6 it precisely called for judicial scrutiny whether such question could be decided in a S.C.C. Suit. 5. Section 15 of the S..Category: Property Law | Date: | Hits: 113
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....Division. In the judgment of my brother Shahabuddin Ahmed, J. these facts are exhaustively dealt with and it will not be profitable to recapitulate these facts. 9. The allegation, if probed by a judicial standard, do not make the contemner liable for any contempt. The Jessore Bench has by artif..Category: Criminal Law | Date: | Hits: 116
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....ncelled, which would seriously prejudice the sports, for which the shooting complex was set up. The decision of the respondent no.1 to lease the demised property to the respondent no.6 is not only prejudicial to the organization but also without lawful authority and is of no legal effect. 14. The..Category: Property Law | Date: | Hits: 159
Category: Civil Law | Date: | Hits: 218