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Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... that the jurisdiction of the Supreme Court was subject to control by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, which should be performed properly with the care and certitude of a judicial min..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....shy;dents but in any cases the maintenance allowance shall not exceed Rs. 400/- in the whole for each of them. In every case while granting maintenance allowance the Magistrate will apply his judicial discretion and take into consideration the means of the person ordered to pay mainten..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....First Class, who has been empowered under P.O. 50 to function as a Special Magistrate and try cases, any order of detention that he passes under Article 13 of the said P O should be construed as a judicial order which is subject to the revisional jurisdiction of the High Court, under sections 43..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....espect of any matter agreed to be referred, any party to such a legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings apply to the judicial authority before which the proceedings are pending to stay the proceedings ; and if ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e question shall be decided by the Government which decision shall be final." 10. In this case we need not enquire into the meaning of the term 'decision' or to the question what makes a decision judicial or quasi-judicial or whether a lis was to be decided by the notification. The judicial revi..Category: Immigration and Citizenship Law | Date: | Hits: 522
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
..... There being no express rules in this regard, it must be held that the Writ Court must possess this power for doing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....y‑General has relied on the following passage- "In this country too, the functions of Government are divided into three distinct branches‑ legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmoniou..Category: Constitutional Law | Date: | Hits: 157
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....d that the plaintiff deserved a second show cause notice before the order of dismissal. 13. The reasonings of the appellate Court are flawed. The High Court Division ought to have disapproved such judicial latitudinarian ism. The plaintiff had the, full opportunity to examine the papers and place..Category: Employment/Service Law | Date: | Hits: 101
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ight to use his money. 18. We have seen with keen interest the historical development of the law as to interest and also we have taken into consideration various decisions and views of high judicial authorities of England, India and Australia as placed before us by the learned Counsels of..Category: Business or Commercial Law | Date: | Hits: 98
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....overnments, the pronouncements of the highest Court are given a finality and a binding effect for the simple reason that there must be a finality to litigation at some point and that there must be judicial discipline, the lower judicial hierarchy being bound by the decision of the higher judicia..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....t of one month's pay in lieu of notice in terms of the contract. He challenged the order of cancellation by a Writ Petition taking the ground that it was malafide and repugnant to the principle of judicial independence as well as against public policy. The Rule was discharged by the High Co..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ower to make retrospective amendments to the Rules but if the Rules purport to take away the vested rights and are arbitrary and not reasonable then such retrospective amendments are subject to judicial scrutiny if they have infringed Articles 14 and 16 of the Constitution." These two cit..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....nt case no application for condonation of delay of 10 years 301 days has been filed before the court, no effort appears to have been made for explaining such delay. The court is required to apply its judicial mind to the facts and circumstances of the case and thereafter satisfy itself as to its rea..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....is daughter is minor and school certificates are always managed suggesting that these cases are always false and to be treated is such. Nothing can be more improper than to entertain such notion in a judicial proceeding. Mr. Gaziul Huq complained that the High Court Division not only wrongly imputed..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....guarantees in Article 21 unfold penumbras shaped by emanations from those constitutional assurances which help give them life and substance. In the circumstantial context and factual back-drop, judicial intervention is warranted, especially since the Supreme Court of India have already laid ..Category: Environmental Law | Date: | Hits: 293
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....ry authority as it is relatively constant in juxtaposition to unstable financial estimates guided by change of financial policy from year to year and it is also in consonance with the principle of judicial independence and so the executing Court has authority under Order XXI, rules 52 and 56 of ..Category: Civil Law | Date: | Hits: 104