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Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....e evidence. Accused Zafar himself did not make any statement under section 164 or 342 of the Code to show complicity of the appellant in the alleged occurrence. The reference to his (Zafar’s) extra judicial confession coming out of the mouth of a hearsay witness is not a piece of evidence and cann..Category: Criminal Law | Date: | Hits: 95
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... materials on record mainly statements recorded under section 161 and 164 of the Code of Criminal Procedure of the witnesses. At the same time the cognizance was taken mechanically without applying judicial mind by the Metropolitan Senior Special Judge, Dhaka and lastly the charge was framed by ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....r willing to hold the said post. Original Article 99 did not contain any provision for retired judges to plead before any Court or hold any office of profit in the service of the Republic not being a judicial or quasi judicial office. By the 2nd Proclamation (15th Amendment) Order 1978 the retired j..Category: Constitutional Law | Date: | Hits: 215
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....re the Court some material on which the Court can exercise its function granting consent judicially. 13. It is true that the discretion of the Court need not be fettered on materials gathered by judicial method, or to matters extraneous to the case, but the grounds must not be extraneous to j..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....y remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. 21. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal home. E..Category: Criminal Law | Date: | Hits: 133
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
.... petitioners submits that the reasons for delay having been satisfactorily explained, the Appellate Tribunal erred in law in rejecting the said application for condonation of delay in exercise of his judicial discretion as the reasons have been sufficiently explained for the cause of delay. 3. Th..Category: Procedural Law | Date: | Hits: 79
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....Police named Abdur Razzaque, attached to Police Station Kotwali, Dacca lodged a first information report on 5-2-1974 alleging that having got an information that some forged and counterfeit non-judicial stamps were offered for sale by some persons near the court building at Dacca, he rushed to..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....ct and also did not reverse the clear findings and decisions of the last court of fact by assigning proper reasons. The learned advocate has argued also that the High Court Division did not apply its judicial mind in coming to a decision as to actual character of the transfer in question, that there..Category: Property Law | Date: | Hits: 93
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....half of the State of U.P. to support the impugned action as reasonable and non-arbitrary. The impugned circular must, therefore, perish on the ground of arbitrariness which is an available ground for judicial review in such a situation.” “In our view, bringing the State activity in contractua..Category: Employment/Service Law | Date: | Hits: 155
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....ger as a raiyat but holds it only as a proprietor or a permanent tenure-holder. It necessarily follows that the under-raiyats are automatically promoted to the status of raiyats. This view received judicial recognition in Ram Charan Sutradhar Vs. S.M. Makhan, 38 CWN 1976, and it was followed by a ..Category: Property Law | Date: | Hits: 85
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....on and settle all the questions involved in the suit, be added. In dealing and considering the application both under Order 22, rule 10 or Order 1, rule 10(2) the court has to exercise the discretion judicially and also in consonance with the fundamental principles of judicial procedure. 13. On p..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....o issue passport to an applicant. It is true that there is no provision for issuance of any notice to an applicant in case of refusal to issue a passport on the basis of his application. But from the judicial pronouncements of this Court and the Superior Courts of the Sub‑continent it has been set..Category: Constitutional Law | Date: | Hits: 238
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
.... the parties but is a question of fairness and natural justice also. 21. Now, the relief under section 22 of the Specific Relief Act is no doubt discretionary, but the discretion must be exercised judicially in the facts and circumstances of the case. The learned Advocate therefore contends and i..Category: Procedural Law | Date: | Hits: 129
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
.... the contrary the legal pleas taken by learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. 22. In view of the discussions made above and the preponderant judicial vies emerging out of the authorities referred to above, I am of the view that the impugned ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....service of the Republic. In course of hearing of the Writ Petition and on being asked by this Court to refer to the constitutional scheme and structure, Mr. Asaduzzaman has candidly conceded that the judicial officers are not constitutional functionaries. So the question of placement of the District..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
.... moral sense and is not even justice accordingly to natural law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order, judicial or otherwise without a hearing before an independent authority not interested in the procee..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... an appeal filed under section 119 of the Municipal Administration Ordinance, 1960 acts not as the “Controlling Authority” but as the ‘Appellate Authority’ and performed his function as quasi-judicial body. Any persons aggrieved by the decision of the Appellate Authority was competent to mov..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....observed on review of a number of decisions of the Pakistan Supreme Court "that the principle of natural justice requiring hearing to be granted to a person before being condemned applies not only to judicial or quasi-judicial proceedings but also to administrative proceedings provided the relevant ..Category: Business or Commercial Law | Date: | Hits: 208