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Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....tor but the 'Magistrate allowed the withdrawal on perusal of the order of the Government forwarded through the Deputy Commissioner. This is clearly illegal; the Magistrate must act according to his judicial discretion and law. Moreover, the Government's order as to Withdrawal did not show any reas..Category: Criminal Law | Date: | Hits: 71
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....etionary) since the matter has been considered and for whatever reasons interference was not made with the impugned order by a Bench of this Division we consider it plainly improper and beyond the judicial norms to sit on judgment once again over the same matter. Furthermore, according to esta..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....dments, we can legitimately presume that they in their wisdom did not intend to assign a constant meaning to ''trial" in the various provisions of the present Code. This is precisely what judicial opinion holds. A Division Bench of Calcutta High Court in Jiban Molla Vs. Emperor, AIR 1933..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
...., they cannot feel aggrieved. Further, it was found the order of the Joint Secretary dated 8.3.77 could not be challenged before the Civil Court and observed that "the Joint Secretary had applied his judicial order (viewed) and as such an order can hardly be called in question as mala fide and arbit..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ssions Judge, Rangpur stating that the contemner was asking respondent No. 2 to address him as 'sir’. 13. Since this is an unique example of how as an executive officer who is himself exercising judicial powers in criminal matters has the temerity to obstruct the course of justice by such act..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ibunal appointed under section 27. 27. Appointment of Tribunal.- (1) for the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial officer to be an Election Tribunal for such area as may be specified in the notificat..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....as held: "that there must be some miscarriage of justice of violation of some principle of law or procedure, that miscarriage of justice means such a departure from the rules which permeate all judicial procedure as to make that which happened not in the proper sense of the word judicial ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....operty was never in “controversy in the suit" and the plaintiffs did not claim that property. When this is the position then a clear case of mistake is made out and keeping in mind the consistent judicial pronounce meat since 1882 we have no hesitation in saying that the decree is liable Co be a..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....opies, the respondent did not apply to the Court to lodge a complaint under section 195 Cr.P.C. against the appellant on a charge of forgery who produced or filed in evidence these documents in a judicial proceeding. Such a complaint may be filed under section 195(1) (c) Cr.P.C. even now if th..Category: Property Law | Date: | Hits: 37
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....able of giving the evidence or whose attendance cannot be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence unde..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....are transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said transferor delivered the share Certified at the time of execution of the de..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....e under the said Ordinance, that the executive authorities consistently applied the power to vest properties as enemy properties after the lifting of the emergency and the Courts of Pakistan took judicial notice of the fact of existence of the state of war, in the absence of an announcement by..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....the said A.K.M Golam Kabir made in purported exercise of powers conferred upon the Government by clause (a) of sub-section (1) of section 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th Septembe..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
..... Rashid in the neighborhood shortly before the occurrence took place. Sadhan Kumar Mali, who was a sweeper of the flat, and Surid Chandra Das were arrested on suspicion and after arrest they made judicial confessions alleging that they had murdered the two persons at the instigation of the appe..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....t with his wife which though was mentioned in the complaint petition which was also under enquiry by the police. Complaint petition is not a statement of the complainant. The expression "judicial proceedings" has been defined as follows- “Judicial Proceeding' inc..Category: Criminal Law | Date: | Hits: 77