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

....hief Justice (as his Lordship then was), made in a case between Mahmudul Islam @ Ratan Vs. State reported in 53 DLR (AD) 1, in which it has been recorded that, ''We as 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: 79

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

....ment providing mandatory provision that no teacher can be dismissed without the prior approval of the Thana Primary Education Committee. He further submits that this clearly, shows non-application of judicial mind of the learned Joint District Judge. He further submits that the decision of the learn..

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... 17. In Council of Civil Service Union Vs. Minister for the Civil Service, (1984) 3 Ali ER 935, the House of Lords observed on the principle as under: “An aggrieved person was entitled to invoke judicial review if he showed that a decision of a public authority affected him by depriving him of ..

Category: Employment/Service Law | Date: | Hits: 147

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....in dispensing with Criminal Justice that better several guilty persons should escape then one innocent suffers. The learned judge failed to appreciate this aspect of the case and without applying its judicial mind and without adverting to the facts and circumstances of the present case as stated abo..

Category: Criminal Law | Date: | Hits: 73

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....ircumstances, it would be so inappropriate to adopt tests of detached objectivity which would be so natural in a Court room, for instance, long after the incident has taken place. That is why in some judicial decisions it has been observed that the means which a threatened person adopts or the force..

Category: Criminal Law | Date: | Hits: 128

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....n of this condition than a case-like the present- where the individual seeks the interfer­ence of the Sovereign to obtain revision of a ju­dicial order, when he is himself engaged in set­ting that judicial order at naught." 9. In the case of Khalid Saigol Vs. The State, reported in 14 DLR (SC)..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....ag. He submits that this is an admission on the part of the appellant and the trial Court rightly relied on that statement. The Court also found that this Ext.2 is a confessional statement, it is not judicial confession but it is an admission and he considered and took this Ext.2 in evidence under s..

Category: Criminal Law | Date: | Hits: 87

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....na Akter, an UD case was started and autopsy of her dead body was held, wherein it was found that death was due to poisoning. The learned Magistrate on receipt of the petition of complainant directed judicial enquiry under section 202 of the Code of Criminal Procedure. Such enquiry was held by anoth..

Category: Criminal Law | Date: | Hits: 81

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... it from its jurisdiction but also that this disposal or removal is with the object of obstructing or delaying the execution of any decree that may be passed against him and the satisfaction is to be judicial one based on some material which are to be found in the affidavit filed by the party or oth..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....o the merit of the suit in which temporary injunction is prayed for", and at paragraph 9 that "it is a discretionary power of the Court to grant or not to grant injunction. If the Court exercises its judicial discretion, the High Court is not to interfere under section 115 of the Code of Civil Proce..

Category: Civil Law | Date: | Hits: 74

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....ailure of justice so as to justify interference by this Court exercising power under section 115(1) of the Code of Civil Procedure. We are satisfied that the learned Artha Rin Adalat duly applied his judicial mind into the facts and circumstances and the law bearing on the subject and committed no e..

Category: Criminal Law | Date: | Hits: 82

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....and or there is nothing on record to show that on a specific or particular date the plaintiff-opposite parties were dispossessed from the suit land although both the Courts below without applying its judicial mind to this vital aspect of the case mechanically decreed the suit with a direction to han..

Category: Property Law | Date: | Hits: 64

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....for leave to appeal bearing No.167 of 2006 and sought for stay of operation of the judgment and order dated 15.06.2006 passed by the High Court in Criminal Miscellaneous case No.4636 of 2006 till the judicial Magistracy is replaced in place of Executive Magistrate apprehending that the accused party..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

..... Nawaz further submits that the creation of the Commission under the impugned Ordinance was malafide and as untenable precedent for the law of the land. He pointed out that a substitute or alternate judicial system could easily be cited as a precedent to a substitute or alternate legislative system..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....deemed to claim under the persons so litigating. (underlined by us) 18. Object of the principle of res judicata under section 11 of the Code of Civil Procedure is generally to impart finality to a judicial decision. After final decision of a case that cannot be reopened for fresh adjudication ..

Category: Civil Law | Date: | Hits: 92

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....Election Commissioners themselves. Relevant Facts: 34. The facts in this case are admitted. The petitioner Nos.1 and 2 belonged to the Civil Service while the petitioner Nos.3 and 4 were in the judicial service. All of them were in the service of the Republic and the Bangladesh Service Rules a..

Category: Employment/Service Law | Date: | Hits: 99

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

.... Bank & Others reported in 1984 BLD (AD) 242, at paragraph 62, page 257 thus: "As regards the liability of the guarantors to repay the loan, the contention of Dr. Kamal Hossain appears to have judicial support from the decisions cited by him which show that the guarantor is seen not only resp..

Category: Alternative Dispute Resolution | Date: | Hits: 222