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Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....tural justice which as a question predominates in this case. The principle of natural justice is binding upon the courts of justice and also administrative bodies or administrative authorities acting judicially but whether the principles of natural justice would apply in the case of administrative o......ring Union (1971)1 AER 1148 Lord Denning observed: "It is now well settled that a statutory body, which is entrusted by statute within discretion must act fairly. It does not matter whether its functions are described as judicial or quasi‑judicial on the one hand or as administrative on the ..Category: Property Law | Date: | Hits: 133
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
.... however, a settled principle of law, that the exercise of revisional Jurisdiction as contemplated in old section 115 of the Code of Civil Procedure was discretionary although that discretion was judicial. There appears to be no reason to hold that the discretionary nature of the old Section 115....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
....e.
26. On the other hand, the learned Attorney General has cited the decision, given by a Full Bench of this Court, reported in 41 DLR 395 (paras 58, 59 and 95), where the word "deemed" received a judicial interpretation in connection with sections 9 (3), 29 Cand 31(4) of the Code of Criminal Pro......7 of the Ordinance, are the same; they are elected to their respective offices by direct election on adult franchise and they may be removed therefrom by identical processes. Thus, as regards their functions, entering into their respective offices with the identical qualifications and ousting fr..
Category: Election Law | Date: | Hits: 391
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....gistrate, Dhaka. 12. The principle of criminal jurisprudence is that a person concerned should submit to the process of justice before he can claim right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law as the age-old maxim goes that......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......ubmits that if those areas cannot be included within the Pourashava, then the existing Union Parishads (meaning those existing before the Notification dated 8.9.87) will continue to discharge their functions until the same are taken over by the Sylhet Pourashava. Mr. Hannan further contends th..Category: Property Law | Date: | Hits: 108
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....th of another, existing in respect of their several tenements by which the servient owner is obliged to suffer or not to do something on his own land, for the advantage of the dominant owner (Aiyer's judicial dictionary page 355). Section 4 of the Easements Act, 1882 defines easement as follows:— ......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
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......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...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......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ce in that also because election of a Speaker is never a legislative function of the Parliament or the election of parliamentary party leader so also the election of the President. Those are specific functions and duties of the members of the Parliament imposed by the Constitution over and above its..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......limited company under the Companies Act, 1913 and the petitioner No.2 is the Managing Director of the said bank. The Chairman presides over all meetings of the Board of the Directors and performs all functions as envisaged under Articles 114 to 117 of the Articles of Association of the Company. As p..Category: Labour and Industrial Law | Date: | Hits: 176
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......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..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......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..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. ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..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 ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..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......ding the Court of a country cannot oblige the statutory authority or body to follow a law at a time it was not in existence. The statutory authority or public functionary has got certain powers and functions to act according to the law which gives him the authority and power to act and to pass ord..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......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..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......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......t Division may, if satisfied that no other equally efficacious remedy is provided by law—
(a) on the application of any person aggrieved make an order—
(i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from d..
Category: Others | Date: | Hits: 227
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......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..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......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
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