Search Options
Judgment Advanced Search
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....ttled that the withdrawal of a criminal case under section 494 is to be asked for by the Public Prosecutor and on the consent of the Court the withdrawal is made and the consent of the Court is a judicial function and the Court must exercise its function judicially. This Division in Civil Appeal..Category: Criminal Law | Date: | Hits: 43
Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....y involves employment of any Court process. Their Lordships further observed that “the ends of justice” to secure which the Inherent power may be Invoked, have reference to the purposes which the judicial process in intended to secure, and it is difficult to include the actions of investigating ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ction 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were served on him wherein i..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....ory part as unreliable or to rely upon that portion, which in the opinion of the court, fits in with other evidence and the facts and circumstances of the case. The exercise of the power is guided by judicial discretion, and cannot be exercised either arbitrarily or capriciously. The case of Adalat ..Category: Criminal Law | Date: | Hits: 41
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....uittal quite illegally and there was every scope of doubt of his honesty and integrity and he does not have good reputation at Pabna. He further opined that it was unsafe to retain such officer in judicial office. He submitted list of the cases examined during enquiry together with the report. D..Category: Administrative Law | Date: | Hits: 92
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....w that notwithstanding the ouster clause of jurisdiction on the High Court Division by any legislative provision, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 of the Constitution, if the action complained of before the High ..Category: Employment/Service Law | Date: | Hits: 69
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....nsel submits that the way in which the learned Magistrate dealt with the matter virtually disallowing accused Abdul Quayum to be produced before the learned Magistrate is not above board. Moreso, a judicial officer behaved in an unusual and objectionable manner while he penned through the order i..Category: Criminal Law | Date: | Hits: 43
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ed erected new courts parallel to the High Court Division as contemplated in Articles 94,101,102. Thus the basic structural pillar, that is judiciary, has been destroyed and plenary judicial power of the Republic vested in the High Court Division has been taken away. Hence ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... 7. Leave was granted since "it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law". 8. Mr. Julmat Ali Khan, the learned counsel appearing fo..Category: Criminal Law | Date: | Hits: 159
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... proposal. It is not an offer. It is simply intimation to the borrower that he must fulfill certain conditions before a contract is concluded. In England, “the distinction is sometimes expressed in judicial language by the contrast of an "offer" with that of an "invitation to treat." (See Cheshire..Category: Property Law | Date: | Hits: 41
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....of its own existence, date and legal effect, as distinguished from the accuracy of the decision rendered. In other words, the law attributes unerring verity to the substantive as opposed to the judicial portions of the record. But where the judgment is inter parties; even recitals in such a ju..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively...Category: Election Law | Date: | Hits: 165
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....riginal post is not necessarily always penal. A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) ..Category: Employment/Service Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....st from the date of decree till realisation, Dr. Hossain mentioned that the Court did not grant interest at the rate claimed by the plaintiff but at the lower rate of 12% per annum. According to him, judicial discretion has been properly exercised. Referring to the rate of interest on agricu1tural l..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....n was justified in refusing the plaintiff appellant's prayer for amendment of the plaint placed reliance on Keramat Ali Vs. Muhammad Yunus, 15 DLR SC 20 and observed: "It is the consistent view of judicial authorities that amendments of the pleadings are allowed, even when a legal right had accru..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....heir dispute so as to avoid any future danger of a breach of the peace. The provisions, of section 145 deal with an inquiry primarily into possession over property in dispute and they are of judicial nature. There is nothing in them which should cause any apprehension which would vitiate ..Category: Property Law | Date: | Hits: 42
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34