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Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....ission of certificates of freedom fighters issued by the competent authority. 44. The petitioners have also asserted the ground of legitimate expectation. The phrase "legitimate expectation" was judicially approved by our courts in a number of decisions. Legitimate expectation gives the petit..Category: Employment/Service Law | Date: | Hits: 134
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....re to follow the procedure laid down in sections 23, 24 and 25 of the Ain, 2003. Moreso, during the pendency of the execution proceeding under section 38 of the Ain, 2003 and even after completion of judicial proceeding under section 45 of the Ain, 2003 the respective contending parties can go for r..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....d recount was necessary in the facts and circumstances of the case. Such power therefore, cannot be exercised even by the Presiding Officer as a matter of course. 16. It is also now settled by judicial pronouncements of the apex Courts in the Subcontinent that the Election Tribunal can also e..Category: Election Law | Date: | Hits: 99
Category: Information Technology Law | Date: | Hits: 171
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....mpugned judgment and decree but reiterated the findings and observation given on preliminary points in Other Appeal No. 25 of 1995; that defendant No. 1 has failed to prove the genuineness of the non judicial stamp and the execution of the deed of gift dated 19-6-1948 and also failed to prove the fa..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....the case of Hiralal Mallik vs the State of Bihar, 1977(4) SCC 44, observed as follows: "Conceptually, the establishment of a welfare-oriented jurisdiction over juveniles is predicated and over judicialisation and over-formalisation of Court proceedings is contra-indicated. Correctionally spea..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....erformance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. He submits that as per provision..Category: Business or Commercial Law | Date: | Hits: 208
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... consulted will not suffice. The Chairman is required to state the reason for his concurring or dissenting views. In the instant case we find that the Chairman of the Labour Court failed to apply his judicial mind at the time of passing the decision and order as to the constitution of the Court from..Category: Labour and Industrial Law | Date: | Hits: 108
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....hat the alleged victim refused to go to her father's house, yet the learned Magistrate permitted her to go with her father if she so desired and if she desired not to go then she might be remanded to judicial custody. From the order dated 1-3-95 we find that the victim was produced before the Court ..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....on of law. 29. The Magistrate takes cognisance under section 190 of the Code of Criminal Procedure. Cognisance means "taking notice of an offence" and would include the intention of initiating judicial proceedings against the offender in respect of the offence or taking steps to see whether t..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....h the power to refuse registration of any transfer of any share without assigning any reason and this includes transfer to an existing share holder. While this power exists, it must be exercised with judicial discretion. We will now see if in the facts and circumstances of the case the power was exe..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....ing constituted by Munsifs and empowered to decide Election disputes relating to right to office, after taking evidence and hearing arguments, both on facts and law, are definitely exercising judicial powers, and not administrative power though it may be that they are constituted by the Elec..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... added the plaint shall, unless the Court otherwise directs, be amended in such a manner as may be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discretion which, however, need to be exercised judicially taking in view all the facts a..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ly, P.W. 9 Md. Dholu Mollah, P.W.7 Md. Abdur Rashid, and others suspected the involvement of the accused Badsha Mollah in the occurrence and interrogated him, when accused Badsha Mollah made an extra-judicial statement admitting that he himself had killed the victim Babu Mollah with a dagger. With r..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....s view of ours finds support in the case of Firm Kaura Mal Vs. Firm Malhra Dass, AIR 1959 (Punjab) 646, where it is held as follows :- "The discretion under section 5 of Limitation Act has to be a judicial discretion and not an arbitrary one. Merely because there was no written application filed ..Category: Procedural Law | Date: | Hits: 101
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....nt and the Minister in-charge of the Ministry of Home Affairs, Government Bangladesh, for the statements made by him as Member of Parliament and Home Minister on 6-9-1999 in the Parliament, regarding judicial function of the Judges of the Supreme Court. 2. The present petitioner Md. Ataur Rahman ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....nd detention. It has been asserted that the detenu is a minor boy who helps his father in his hawker business and the issuance of the order of detention was done without any thought or application of judicial mind of the District Magistrate. The petitioner has further submitted that for the infringe..Category: Criminal Law | Date: | Hits: 106
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....egard to the facts, the submissions advanced by learned Counsel for the petitioners prevail and appears to have a good deal of force. 21. In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that the petiti..Category: Constitutional Law | Date: | Hits: 171