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Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....resh'' clearly show that a withdrawn case may be retried if the court deems it fit for retrial. In other words, a fresh trial may be held at the discretion-of the court, and this discretion being a judicial discretion must be exercised properly applying the court's mind to the facts and circums&s..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....t and equitable” clause. Whether or not there are equitable considerations for the application of the principle, must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the Court. The allegations made by respondent No. 1 and found to have. ..Category: Business or Commercial Law | Date: | Hits: 110
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....gh he came very late, long after the learned Single Judge had started the hearing of the appeal and examining the record, with the help of the counsel for the State. There has been some conflict of judicial opinion on the point whether the pronoun 'he' in the words, which are quoted in inverted co..Category: Criminal Law | Date: | Hits: 78
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learne..Category: Criminal Law | Date: | Hits: 96
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....rbitral Tribunal, once duly constituted and that in terms of Article 8.5 of the ICC Arbitration rules, regarding interim or conservatory measures that the parties may apply for to the competent judicial authorities. (c) Letter’ dated 8.2.1989 addressed to the counsel of the ..Category: Business or Commercial Law | Date: | Hits: 94
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....s Division held that Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom in which case the custom should be followed. The judicial decisions over the years in the sub-continent that laid down how the court may be guided i..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....s, duties, privileges and liabilities which the police officers of Bangladesh have in connection with the investigation of such offences. 7. In the background of judicial pronouncements the law is now at rest that in case of cognisable offences, receipt and rec..Category: Criminal Law | Date: | Hits: 58
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....olved, transparency of the decision making authority is a recognised matter. The learned Counsel for the petitioner, in support of his submission that the Court in the exercise of its jurisdiction of judicial review of the action of the Government in the discharge of executive functions as well as a..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
.... the trial Court accordingly, arrived at its finding regarding Hiba-bil-Ewaz. 15. It is now well settled that though the allowing of an amendment is discretionary but the same should be exercised judicially in the facts and circumstances of the case and not arbitrarily or for allowing the partie..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....; 11. Our Appellate Division approved the said decision in 40 DLR 72 in CPSLA No. 70 of 1988 wherein it has been held that- “It may be observed, however, judicial view seems to be opposed to interference with the mechanics of an irrevocable letter of..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....nterferences. Consequently, the Election Commission in accordance with the provision of Article 91A of the Representation of the People Order 1972 constituted an electoral committee comprising two judicial officers namely, Mr. Shahidullah Bakaul. Subordinate Judge, Tangail and Mr Reza, Senior As..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....ight, let alone right of the petitioner has been infringed and the petitioner failed to show as to how the right of any vulnerable and socially disadvantaged class of person was infringed for which judicial protection was sought in public interest. In the present case even according to the writ ..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....h Registrar. 11. Let us therefore, consider whether the word 'resident' means a person having essentially a permanent residence. The word residence has been defined, on the basis of various judicial pronouncements of higher courts in Mitra’s Legal & Commercial Dictionary [fourth..Category: Constitutional Law | Date: | Hits: 178
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....ing appointments and postings of the Judges of the Artha Rin Adalat including that of the respondent No.5 and the appointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Ac..Category: Banking Law | Date: | Hits: 121
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....nt for a period exceeding 12 months is permissible only in a case when the income previous to the period of twelve months, namely, the assessment year, is not barred by limitation. Consensus of judicial opinion is that in such a case the period already barred by limitation cannot be tagged l..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....Order which came much later than the observations of the Dacca High Court on the question in plain language bars such suits and directs abatement of such pending suits, and this law supersedes this judicial observation and this is the present law in force. In this view of the matter, we all..Category: Property Law | Date: | Hits: 44
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....nitiated by his taking cognizance of the offence alleged by the complainant or the prosecution. 9. It is unnecessary to review the decisions on the point any further and the preponderance of the judicial opinion is that a transferee Magistrate can take cognizance of a person against whom eviden..Category: Criminal Law | Date: | Hits: 60