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Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ions and duties in upholding the cause of justice, protecting, safeguarding and defending the Constitution and the laws of the country. Accordingly, the Constitution ordains all the agencies, both judicial and executive including the police, shall act in aid of the Supreme Court and are duty bou..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....avates the situation and no application for transfer lies against him on the ground of not getting a fair trial on that ground. 15. We are also of the opinion that any change in such judicial view will have disastrous consequences. 16. In such view of the matter and taking..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....t suit inasmuch as the civil Court is authorised to examine whether the statutory tribunal, i.e. in the present case, the acquiring authority, acted in conformity with the fundamental principles of judicial procedure. 17. Expanding further his argument, Mr. Karim submits that..Category: Property Law | Date: | Hits: 51
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....n of section 96(10) of the State Acquisition and Tenancy Act a transaction which is a heba-bil-ewaz is not out of the ambit of pre-emption. 18. So, it is seen that the preponderance of the judicial view is that a transfer by Muhammadan husband to his wife in lieu of dower-debt is sale an..Category: Property Law | Date: | Hits: 55
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....uld not be ignored." Having regard to the facts and circumstances of the case and in view of the submissions made, we are of the view that the High Court Division, having applied its judicial mind, rightly decided the case. We are fully in agreement with the above finding of the Hi..Category: Employment/Service Law | Date: | Hits: 66
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....dents Samity the same ceased to have any activities of the co-operative society and the High Court Division having failed to consider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusal of the impugned judg..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....t 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". ..Category: Criminal Law | Date: | Hits: 59
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....budgets and to maintain funds." 6. Before the High Court Division, Respondents‑ State defended the vires of the impugned Ordinance saying that Fundamental Principles of State policy are not "judicially enforceable", that these Principles are not laws but are simply guide‑lines for the Sta..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... 7. It was held that the report of the contemner, a holder of a Masters degree in Journalism, and a practising Advocate, appearing for the plaintiffs, is not a fair and accurate report of a judicial proceeding, not a fair comment on the merits of the case and it has scandalised the Court ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ereon in his name in pursuance of clause 24 of the original lease deed and annexed therewith certified copy of the registered sale deed vide No. 2823 dated 28.6.86, agreement on Tk. 3.00 non‑judicial stamp duly signed by the appellant and an undertaking on non‑judicial stamp duly sig..Category: Property Law | Date: | Hits: 110
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... as already referred to above. 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the case and the law applicable in thematter of addition of p..Category: Property Law | Date: | Hits: 67
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....nds for believing that he has committed such an offence. From the language of section 497 of the Code of Criminal Procedure it in abundantly clear that this section enjoins upon the court to exercise judicial discretion in the matter of granting bail for ascertaining whether the materials placed bef..Category: Anti-Corruption Laws | Date: | Hits: 92
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the matter of fixing of dates and adjournments in Chapter 7 and of particular relevance thereto is the Note to Rule 125, which as follows: "Note.-The Supreme Court does not issue judicial orders by telegram, and the action to be taken by a Court in regard to telegrams said to ..Category: Property Law | Date: | Hits: 98
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....stice that a judge must have freedom and independence of judgment. But in doing so, a judge must be very restrained and should not make sweeping and disparaging remarks against the law makers. The judicial pronouncement must be judicial in nature and should not normally differ from sobriety, mod..Category: Criminal Law | Date: | Hits: 92
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....e literal meaning of words by reference to the object of a statute is well established." 9. Accordingly, we hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave under rule 18 of the said Order. Further, if a very rigi..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....987 was heard in June, 1990 and when the learned Attorney‑General informed the court that the Government was contemplating whether the decision of the Appellate Tribunal should be brought under the judicial review of the Appellate Division, the last Court in the country the judgment was reserved. ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ecessary in the instant cases. This objection with regard to Import Policy Order, 1989‑91 was made by the Collector of Customs most illegally and whimsically in this case without any application of judicial mind to the relevant law and fact. 52. In the ultimate analysis, the Collector of Custom..Category: Business or Commercial Law | Date: | Hits: 130
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....f gift by a father to his minor child or by a guardian to his ward. All that is necessary is to establish a bonafide intention to give." Section 155 has been interpreted by various judicial authorities. In the case of Ghulam Hassan and others Vs. Sarfaraz Khan and others reported..Category: Property Law | Date: | Hits: 56