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Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... quite legal. The submission so made upon referring to the aforesaid provision of the Constitution is not well founded since by admitting girl students the High School was not acting in a manner prejudicial to the imparting of education to the girl students. The learned Counsel has submitted tha..Category: Civil Law | Date: | Hits: 216
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... 20. The Committee has further discussed that the legal obligations on States (under para 33) to respect, protect, fulfill their duties to secure rights and that these include administrative, judicial and other promotional measures for realisation of rights. The committee further discusses ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....nce but PW 3's finger print (LTI) was taken from elsewhere. He denied the suggestion. But it clearly appears that he was not acquainted with such matters, which are done by a Magistrate doing regular judicial duties, in that, he recorded this witness's statement in the form prescribed for recording ..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ion the facts and circumstances of the case which go to show the bias of respondent No. 1 which rendered him incompetent to proceed with the trial and that the respondent No. 1 performing functions judicial in nature ought to have refrained from proceeding with the trial in consonance with funda..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....hy;rials for manufacturing polythine bags which are threat to environment of the country. In such view of the matter, the learned Judges of the High Court Division having failed to apply their judicial mind to appreciate the above aspect of national interest of the goods in question ca..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....udgment which is liable to be set aside. 7. Mr. Mansur Habib, the learned Advocate appearing for the respondent No.2, on the other hand, contended that the High Court Division having applied judicial mind in consideration of the provision of the 540 of the Code of Criminal Procedure r..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....on are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal order but based on cogent grounds. The High Court Division having not applied its judicial mind in construing the provisions of Section 173(3B) of the Code of Criminal Procedure, w..Category: Criminal Law | Date: | Hits: 90
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. 28. Mr. Maksum-ul-Hakim referred to AIR 1931 (PC) 107 for highlighting the abhorrence of the judicial committee to consent decrees. The judgment of the Judicial Commissioners in that case was..Category: Property Law | Date: | Hits: 95
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide intention and the latter's fraudulent acts of exporting inferior ..Category: Business or Commercial Law | Date: | Hits: 100
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ut we certainly do not approve of the manner and language in which the learned Judges have chosen to express themselves against a brother Judge of the same Court. It seems that the norms and forms of judicial decorum in the highest court even are not being properly observed and this has caused conce..Category: Criminal Law | Date: | Hits: 55
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....rred to the decision Vine v. National Dock Labour Board reported in 1956 Volume 3 All England Law Reports 939-1956 AC 488 wherein the House of Lords considered the question of the delegation of quasi judicial disciplinary powers and found not only judicial functions cannot be delegated but in some m..Category: Election Law | Date: | Hits: 146
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s ante mortem and homicidal in nature. 6. Thus it is clear that the prosecution witnesses who are inhabitants of the locality in one voice stated that the condemned prisoner made extra judicial confession in their presence that he killed the deceased. Coupled with this extra jud..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....treating the same as vested property has neither produced the record of the V.P. Case nor has examined any witness, that the defendant No.3 has disposed of the Exchange case without application of judicial mind as well as not from the judicial point of view, that the suit is not barred by limita..Category: Property Law | Date: | Hits: 38
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....the Single Bench of the High Court Division, after hearing, made the rule absolute as stated above. 3. The learned counsel for the petitioners submits that the ascertainment of possession is a judicial act which has to be ascertained by the court upon evidence and an Advocate Commissione..Category: Civil Law | Date: | Hits: 116
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....the PSC selected the present petitioners for the post of Assistant Professor of Radiology but the learned judges of the High Court Division erred in law in deciding the case without application of judicial mind and without considering the documents and made the rule absolute and as such the impu..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....n law in passing the impugned judgment and order in much as a Division Bench of the High Court Division of the Supreme Court of Bangladesh ought not to have arrogated to itself the jurisdiction to judicially review the proceedings, findings and opinions of the Supreme Judicial Council, which is ..Category: Others | Date: | Hits: 97
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....r in the petition filed by the petitioner under order 39, Rules 1 and 2 of the Code. Accordingly, we find merit in the Rule" and submits that such ‘finding' cannot be legal basis of any judicial order. 4. He thereafter submits that the impugned judgment of the High Court Divisi..Category: Property Law | Date: | Hits: 48
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....ected the application summarily. Hence is this petition. 5. In support of the petition Mr. Abdul Malek, learned Counsel submits, inter-alia, that the High Court Division did not apply judicial mind inasmuch as the allegation against the petitioner is closes an offence, if any, of ev..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....is and the same has not affected the title of the plaintiff, that the appellate Court has made the judgment upon non-consideration and mis-reading of the evidence and that also without application of judicial mind to the facts and circumstances of the case. 7. Leave was granted to consider the ..Category: Property Law | Date: | Hits: 42
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
........................ A pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rul..Category: Criminal Law | Date: | Hits: 55