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Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....erred to as the Peace Accord). Peace Accord was enacted taking into account the then political situation which existed in the Chittagong Hill Tracts and, as such, that cannot be the subject matter of judicial review of this Court. The writ petition was also bad for defect of party as the appropriate..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....arade was not examined in this case. Non-examination of the Magistrate who conducted the TI parade renders the memorandum drawn by him inadmissible under section 80 of the Evidence Act as it is not a judicial proceeding and that cannot be presumed genuine unless proved by the evidence. In the decisi..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....mitted that by giving retrospective effect of his order the learned District Judge committed illegality. 26. It has been further submitted that the impugned order suffers from non‑application of judicial mind. Mr. Khan has also submitted that the plaintiffs have not come with clean hands and, a..Category: Civil Law | Date: | Hits: 85
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
.... land. Ext. Kha (1) is the writ of delivery of possession by which possession was delivered to the said auction purchasers on 14‑12‑194 1. Ext. Ga is the certified copy of case register of Misc‑judicial case register which shows that Jageswar Mondal one of the tenants filed Miscellaneous Case ..Category: Property Law | Date: | Hits: 51
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....d that the petitioners did not state anything in their said application as to the community of their interest in the land belonging to Kalu and thereby the learned Assistant Judge failed to apply his judicial mind in passing the impugned order and the same is liable to be set aside. It has been furt..Category: Property Law | Date: | Hits: 47
Category: Criminal Law | Date: | Hits: 69
Category: Employment/Service Law | Date: | Hits: 158
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....rdship was then) I am unable to make departure from the principle laid down therein. Thus, the contention of Dr. Ahmed Hossain in this regard is upheld. The appellate Court below without applying his judicial mind to the order appealed before it confirmed the same holding the petitioners liable for ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....f such power. He has also read before us a passage from the book "Law of Damages and Compensation" by Sree Kameshwar Rao, (5th Ed) at page 445 on this point. As we propose to rest our decision on the judicial pronouncements we refrain ourself from referring to those passages in our judgment. 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
Category: Criminal Law | Date: | Hits: 64
Category: Civil Law | Date: | Hits: 70
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....e appellate Court, if it thinks additional evidence to be necessary, to record its reasons, and to take such evidence in the interest of justice. It is true that his discretion must be exercised in a judicial manner and a purely arbitrary or capricious exercise of this discretion is liable to be set..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....al Abu Saleh Mohammad Nasim (Reid) Vs. Bangladesh 1998 BLD (AD) 251 = 51 DLR (AD) 101, Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others 4 BLC (AD) 257. Secondly, since a judicial proceeding is pending against the petitioner, under section 10 of the Public Servants Retir..Category: Employment/Service Law | Date: | Hits: 148
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....eged that the complainant learnt that the accused petitioner created a false document on the said signed paper. 3. The learned Magistrate examined complainant on solemn affirmation and directed a judicial inquiry. On receipt of the report of the judicial enquiry, the learned Magistrate, took cog..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....e than as an Additional Judge shall not, after his retirement or removal therefrom, plead, or act before any Court or authority or hold any office of profit in the service of the Republic not being a judicial or quasi‑judicial office, or the office of Chief Adviser or Adviser." 4. The main cons..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....e locus standi of petitioner no. 1 it has been claimed that it has sufficient interest in the matter in dispute hence, is qualified to be a person aggrieved and as such, it can maintain an action for judicial redress on the ground of violation of law and on environmental issue. However, the words ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....ration that h respondent Nos. 7 and 8 being Magistrates have no legal authority to do the executive nature of work the seizure and impounding of the petitioner's goods except in the canteen through a judicial proceeding in an appropriate manner and through judicial process. The petitioner further pr..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... said Act explaining a reasonable cause for delay in filing the appeal. 15. In the case of Brij Indar Singh Vs. Kanshi Ram and others reported in 44 Indian Appeals (Privy Council) at page 218 the judicial committee of the Privy Council at the beginning of this century, had occasions to examine a..Category: Procedural Law | Date: | Hits: 111
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....le any written statement in controverting or denying the assertion made by the petitioner. But the Court of Settlement without considering the facts and circumstances of die case and without applying judicial mind passed an order dismissing the application by its judgment and order dated 5.4.87 vide..Category: Property Law | Date: | Hits: 64