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Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....any award or settlement. But no corresponding amendment was made in section 36 of the IRO and the Labour Court is left to deal with an application under section 34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the de..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the interest of public safety or public order. No ground of detention was served on the..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....in the statements of the witnesses recorded under section 161 of the Code of Criminal Procedure that the appellants committed the murder of Nurul Islam, the learned Judges correctly exercised their judicial discretion in refusing bail of the appellants. 4. Mr. TH Khan, learned Advocate ap..Category: Criminal Law | Date: | Hits: 60
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ectly concerned with his official duties so that, if questioned it could be claimed to have been done by virtue of the office then sanction would be necessary. It is thus obvious that the trend of judicial decisions is to see whether the offence complained of was done or could have been done in ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....High Court under section 439 of the Code. 7. From citation of a number of decisions both in support of the majority as well as of the minority view, it is obvious that there is a conflict of judicial opinion on the question whether a court of appeal is empowered under section 423(1) (b) (..Category: Criminal Law | Date: | Hits: 57
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....tan Supreme Court to appeal against the aforesaid order to consider: "Whether, having regard to all the facts and circumstances of the case, the learned Judges exercised their discretion in a judicial and proper manner." 4. It is an accepted rule of judicial procedure in t..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....he action of the Revenue Authority and the Tribunal in rejecting the assessee's account and enhancing its income under the first proviso to section 13 of the Income-tax Act, on the basis of certain judicial authorities which had no application to the facts of the instant case. Learned Counsel has ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....sp; 12. It is no doubt true that neither the order of pre-emption under execution is a decree; nor has the dispute arisen between the parties to a suit. There has, however been conflict of judicial views in respect of applicability of the provision of section 47 of the Code to the execut..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....ething as evidence, which, in reality, is not on the record or is not evidence at all and the decision of a case on such misreading or misrepresentation is undoubtedly contrary to the well-recognised judicial procedure according which the decision of a Court must be based on the evidence on record..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....on whom any party to the suit has not a present right so to remove" is a kind of limitation on the Court's power as embodied in clause (b) of sub-rules (1). This sub-rule gave rise, in the past, to a judicial controversy, as to its true meaning and scope. The majority of the High Courts' in the In..Category: Property Law | Date: | Hits: 93
Category: Property Law | Date: | Hits: 82
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....ded under section 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule ..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....judiced in the trial due to trial court's failure to invite the attention of the appellants to circumstances appearing in evidence against them. It is to be remembered that consensus of judicial opinion is that trial will not be vitiated if there is no question of prejudice due to any..Category: Criminal Law | Date: | Hits: 64
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....he certificate officer under section 22 or section 23 to set aside the sale. 15. It is to be remembered that prior to the introduction of section 36 of the Act in 191-3, there was conflict of judicial decisions on the effect of sale, in consequence of non-service of notice. One set of view w..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....urt means the place where justice is administered, but this word also means the person or persons who administer justice. When used in the latter sense, its essential attribute is the exercise of judicial functions by such person or persons. This, in turn, requires us to consider what judicial..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....e. There having been no appearance on behalf of the Respondent in this Case, we have ourselves fried to examine the question rather closely. 8. One of the basic principle underlying the judicial procedures followed in this country is the conclusiveness of the final decision of a Court..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....-defined meaning, in that the person must be given an opportunity to call for such evidence as he would think fit for his defence. The phrase imposes an obligation on the tribunal to act judicially, and for this judicial act, s. 38 confers on the Administrator, the tribunal under..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....ondents could be based on the said retracted confession which was found to be voluntary and true. It is to be noted that co-accused Ebad, Wahed and Obedullah made only extra judicial confession while Ayezuddin made both extra-judicial and judicial confession. Their c..Category: Criminal Law | Date: | Hits: 80