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Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... court in accepting the prayer need not call for interference.” 15. We have already held that at the time of considering his first application the learned Trial Court totally failed to apply its judicial mind holding that the interest of the defendant No. 4 will be protected if he contests the ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....allowing the pre-emption. 23. For the reasons stated above, I am inclined to hold that both the Courts below seriously erred in law in passing the impugned judgments without properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa..Category: Property Law | Date: | Hits: 62
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... and the Government may, in turn, initiate criminal proceedings in appropriate circumstances by resorting to section 203 of the Act; the Registrar in certain matters only is required to perform quasi-judicial function but he exceeded his jurisdiction in entertaining the application of the appellant...Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....3) and the Province of East Pakistan Vs. Nur Ahmed (16 DLR SC 375) held that the principle of natural justice requiring a hearing to be granted to a person before being condemned, applies not only to judicial or quasi‑judicial proceedings but also to administrative proceeding, provided that the re..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....iff's right to, or enjoyment of property, the Court may grant a perpetual injunction in the six cases mentioned therein including the case where the injunction is necessary to prevent multiplicity of judicial proceedings. This shows that a decree for permanent injunction can be enforced for violatio..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 if the action complained of before the High Court Division is foun..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....other hand, he submitted that the appointment of the Chief Justice of any country should be based on merit. He pointed out that the position of Chief Justice is not simply to provide the service of a judicial officer, but also involves many other administrative functions for which expertise is neces..Category: Constitutional Law | Date: | Hits: 228
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....cuted on behalf of the minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in t..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....he persons belonging to the defence services, local Government and civil executive services. The service conditions stipulated under Articles 133 and 135 of the Constitution do equally apply to the judicial officers as well as the civil executive officers. Therefore, civil executive officers are..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... procedure as argued by Mr. Mahmudul Islam, and the best guide of a Court on such questions is its common sense and experience of human nature. Facts which are neither admitted nor are subject to judicial notice must be proved. The Evidence Act attaches more importance to the quantity than, to t..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....s as coupled with other circumstances and evidence on record collectively and concertedly gravitate towards revealing the truth in this case. The feasibility, indeed desirability, of such recourse to judicial deduction in such circumstances is amply attested to in the judgment in Siddique Munshi Vs...Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....Appellate Division at Paragraph-62, Page 257 of the Ispahani Case as read 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: Company Law | Date: | Hits: 203
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....that there exists a prima facie case against the accused petitioners and it is evident that he considered the merit of the case and thereby left nothing for the Magistrate to exercise his independent judicial mind so as to pass appropriate order as he would deem fit and proper. Section 202 of the Co..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
.... committed an offence punishable under section 108 (2) of the Companies Act and filed the above petition of complaint. 3. The learned magistrate after examining the complainant on SA and holding a judicial inquiry, took cognizance of an offence punishable under section 108(2) of the Companies Act..Category: Criminal Law | Date: | Hits: 89
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
.... 1956 (SC) 217 it was observed as follows: "The length of time is unusual but no objection about its fairness to the accused could reasonably have been raised had it not been for the fact that the judicial lock‑up is under the direct control, orders and supervision of the very Sub‑Inspector w..Category: Criminal Law | Date: | Hits: 110
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....741 wherein the Supreme Court of Pakistan observed as follows: “It is also to be borne in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review proceeding is neither in the nature of a re-hearing of the whole case, ..Category: Civil Law | Date: | Hits: 238
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... or undermines it dignity and prestige. Scandalising the Court is a worst kind of contempt. Making imputations touching the impartiality and integrity of a Judge or making sarcastic remarks about his judicial competence is also a contempt. Conduct or action causing obstruction or interfering with th..Category: Employment/Service Law | Date: | Hits: 115