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Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ost held by the public servant concerned: — (b) availability of a "qualified candidate for the post held by the public servant concerned; (c) indulgence by a public servant in activities prejudicial to the interest and the fundamental principles of the State; (d) bad reputation relatin..Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....is not even Justice according to natural law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proc..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ily by observing:— "However we have considered all the points raised by Mr. Khondker in this case. We are clearly of the view that none of the points got substance as well". 39. This is the judicial power that had been attracted in the facts and circumstances of the case and this judicial ..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....to sub-section (1) and the nature of the reasonings given in support of the different views. On examining a large number of cases it has been observed that the cases disclosed a serious divergence of judicial opinion on the point and the cases divide themselves into three distinct groups: (i..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....e-Consul or representative of the Central Government was so executed and authenticated. Along with this we are to refer to section 57(6) of the Evidence Act. which says, that the Court shall take judicial notice of all seals of English Courts, the seals of all the Courts in Bangladesh and all th..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....Division that the decision is based on the assumption that "The nature of reward as contemplated in rule 2 of the Resolution of the Ministry of Finance dated 18-8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal wherein the presence of the claimant for re..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....pretation that granted the legislative competence, it is not sufficient to declare that the decision of the Court shall not bind, for that amounts to reversing the decision and is the exercise of judicial power which the legislature does not possess. It cannot by validating a law promulgate a le..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....the ends of justice and the view has been taken that the punishment of dismissal in this case is harsh and, therefore, it has been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has become apparent, t..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ndivided family, a firm, an association of persons or a body of individuals whether incorporated or not, a Company, Government of a Province, a local authority and every other artificial judicial person." Section 3 of the said Act, the charging section, provides "that ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ard to the question of review the decision of the Appellate Division stands in our way in coming to any finding with regard to the question whether the review that is referred to in Regulation 4 is a judicial review or not. We, however, think that is reviewing the Judgment of the M.L. Courts the Gov..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....rejecting the application the learned Judge of the Prize Court observed that though the fund belong to the State it is to be kept in the custody of the Prize Court and can only be disposed of by a judicial order of the said Court an appropriate proceeding Further the Government may apply through..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... It is also to be remembered that there is a distinction between a Court and a tribunal. The Court has a clear and distinct connotation whereas a tribunal assumes wide range of character. It may be a judicial tribunal or it may be a domestic tribunal, and in between there are various ranges of adjud..Category: Constitutional Law | Date: | Hits: 188
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... Awal representing himself as complainant in M.R. case No. 40/78 pending in the Court of Mr. H. P. Biswas, Magistrate, 1st class Jhalokati. There are in this telegram serious allegation of judicial misconduct and high handedness against Mr. H. P. Biswas, Magistrate, 1st class. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....37 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under t..Category: Constitutional Law | Date: | Hits: 327
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448