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Displaying 901-920 of 1817 results.

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....y give rise to what is called “legitimate expectation”, that is, expectation of a kind which the Court now enforces. Legitimate expectation gives the application sufficient “locus standi” for judicial review and in most cases, the legitimate expectation is confined to the right of a fair hea..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....asan Mahmood Tuku. Sanction under sec­tion 169 and 171(2) of the Income Tax Ordinance, 1984: Wherein it has been held that "The process of sanction is an administrative act and is not subject to any judicial scrutiny. Since the Chairman of the NBR is an inseparable and essential constituent part fo..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....ght of inheritance to the office of Mutwalli. But the office may become hereditary by customs in which case the customs should be followed. Now, how the court will be guided has been laid down by the judicial decisions over the years in the subcontinent. 17. “Where there is a vacancy in the off..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....approach this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable or not in the circumstances of a given case to gra..

Category: Labour and Industrial Law | Date: | Hits: 203

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ove that it is a tragedy when public agencies flout their own laws and then chase the people for violating the law to justify the failures of their so-called development projects. In such situations, judicial review of administrative action would be effective in upholding rule of law.” 77. Judi..

Category: Environmental Law | Date: | Hits: 1051

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

.... Corruption. Heard the learned Advocates and perused the record. From the reading of the FIR we find that the name of the petitioner No.3 does not appear therein. Now the law is settled by several judicial pronouncements of this Court that in exercise of its inherent power under section 561A of t..

Category: Criminal Law | Date: | Hits: 105

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....tee member of Mujibbadi Chhatra League was found in his house. The said Obaidul Qader had returned from India a few days prior to the arrest and was given shelter thereby the detenu for organizing prejudicial and anti-stale ac­tivities. Besides, Swapan Kumar Saha, another conspirator of Mujibbadi C..

Category: Criminal Law | Date: | Hits: 103

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....r him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfie..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....(2) of the Special Powers Act directed that the detenu be detained in custody for a period of 30 days on the ground that it was necessary to detain him with a view to preventing him from doing any prejudicial act within the meaning of Section 2(f)(iii)(iv)(v)(vi)(vii) and (viii) of the Special Power..

Category: Criminal Law | Date: | Hits: 66

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

....r. Amin Azhar, the learned Advocate for the petitioner has submitted at the outset the manner in which the learned Magistrate held the proceeding and arrived at his conclusion would indicate that the judicial mind was tainted with bias and the petitioner's cause did not receive a fair consideration ..

Category: Criminal Law | Date: | Hits: 70

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....l Courts have jurisdiction to examine into cases where the Provisions of the Act have not been complied with or the statuto­ry tribunal has not acted in conformity with the fundamental principles of judicial procedure." This principle of law has also been relied upon by another Division Bench of..

Category: Election Law | Date: | Hits: 207

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....vilege do not apply in this country as to statements made by the parties in Court proceedings or the statements made by learned Advocates in such proceedings. The immunity having not been extended lo judicial pro­ceeding, a respondent who had been allegedly de­famed would, thus, be competent to fi..

Category: Criminal Law | Date: | Hits: 77

Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)

....nd Siddiqur Rahman. But the learned S.D.M. Bagerhat being not satisfied with the charge sheet directed one Mr. M. Huda, Magistrate to hold a judi­cial enquiry into the matter. Accordingly, after the judicial enquiry, the learned Magistrate found prima facie case as against all the 3 accused, namely..

Category: Criminal Law | Date: | Hits: 74

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....s. Be­gum Shorish Kashmiri, 21 DLR (SC) page 1 the Appellate Division of the Supreme Court of Bangladesh observed: “Law is to be understood in its general communication to include authoritative judicial principle laid down by superior courts. We may for the sake of comprehensiveness and clarit..

Category: Criminal Law | Date: | Hits: 108

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....ent or order appealed against has not accompanied with it. According to Mr. Dutta, unless the copy of the judgment is communicated with the petition of appeal, how the Appellate Court shall apply its judicial mind as to whether the appeal is legally maintainable or not in view of sections 412 to 421..

Category: Criminal Law | Date: | Hits: 73

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

.... law it is specifically provided in the law and cannot be inferred unless it is created by law against the guarantor. The Court has no power to re­write the law and in that case it will be an act of judicial legislation which is not permitted by law. 9. In such view of the matter, we hold that t..

Category: Civil Law | Date: | Hits: 83

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

....nt of a Court of Small Causes need not dwell extensively on evidence in arriving at the decision but nonetheless it is necessary that the judgment must indicate that the learned SCC Judge applied his judicial mind in to the material evidence on record in reaching his conclusions. We get support of t..

Category: Property Law | Date: | Hits: 64

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....ution of the People's Republic of Bangladesh which provided that the High Court can examine an act or order passed in a proceeding which is "without lawful authority" proceeded to find that an act of judicial or of quasi‑judicial body can be held to be "without lawful authority" only after bearing..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....il Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure". This decision is based on the famous case of Secretary of State Vs. Mask & ..

Category: Property Law | Date: | Hits: 47

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

....rrested him when he tried to flee away. On recovery of the victim girl she was taken to the police‑station and thereafter sent to the local Upazila Magistrate who sent the victim girl Shilpi to the judicial custody by an order and also recorded her statement under section 164 CrPC in which she all..

Category: Criminal Law | Date: | Hits: 69