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Displaying 1721-1740 of 1817 results.

Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)

....he two courts below had taken two different views, then the revisional court can go into facts to see whether the same was correctly decided by the appellate court, it is not sust­ained by any judicial authority, nor can we support such a proposition of law. The fin­ding of fact, &n..

Category: Property Law | Date: | Hits: 44

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....o the absence of the definition, any number of acts cannot be connected to­gether so as to form the same transaction. It is true that the expression 'same transaction' has not been defined, but judicial pronounce­ments have set forth a test for determining when various acts committed by a..

Category: Criminal Law | Date: | Hits: 69

Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribu­nal and another, 1977, 6 CLC (AD)

....l found the occu­rrence to be true. 6. Section 134 of the Evidence Act provi­des that no particular number of witnesses should in any case be required for the proof of any fact. The consensus of judicial opinion is that if believed conviction can be based on the solitary evidence of a witness, ..

Category: Criminal Law | Date: | Hits: 70

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

....e look at the several legislative changes in respect of the provision relating to setting aside a sale by an application made to the executing Court which appear to have been made in keeping with the judicial inter­pretation of the said provision from time to time. The relevancy of such legislative..

Category: Property Law | Date: | Hits: 118

Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)

....­ary in the said decision, for the purpose of examination of witnesses on commission the order issuing direct commission, learned Coun­sel contends, was made without exercising pro­per judicial discretion and as such was without jurisdiction. 9. Learned Attorney-General has al..

Category: Civil Law | Date: | Hits: 108

Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)

....ow's Remarriage Act, 1856 a Hindu widow, by remarriage forfeited her right to her husband's property even if such remar­riage was allowed by the custom of her caste, as there was divergence of judicial opinion on this point. 8. It should be pointed, at the outset, that, so far as, th..

Category: Property Law | Date: | Hits: 59

Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)

.... In Mridha's case the points considered by the Appellate Division were whether the order of detention passed by the sub-Divi­sional Magistrate under clause (3) of Article 13 of P. O. 50 was a judicial order passed by a court or it was an administrative order and whether in the facts and cir..

Category: Criminal Law | Date: | Hits: 113

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....the sole point for consi­deration, now that Mr. Attorney-General has conceded the question of maintainability of the Writ Petition under Article 102, we are to gather the principles from the leading judicial authorities in the matter as there is no direct law on the subject. No doubt, some help co..

Category: Employment/Service Law | Date: | Hits: 170

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....ttee of the Privy Council, where a view has been taken that not­withstanding absence of an express provision for appeal, a decision made by a Court on app­eal from an order passed by a non-judicial body becomes amenable to appeal because of the nature of the proceeding taken and the cha&..

Category: Property Law | Date: | Hits: 135

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

....vi­dence to disappear namely, the dead body although no such charge was framed against them at the commencement of the trial. The High Court having dismissed the appeal it was taken before the judicial committee to consider the question whether such conviction was warranted under the Code of..

Category: Criminal Law | Date: | Hits: 61

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....s function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administrativel..

Category: Election Law | Date: | Hits: 124

State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)

....r granted to consider this aspect that one witness during Test Identification Parade recognised the accused as the assailant of the deceased and, as such, the learned Judges did not exercise their judicial discretion in accordance with settled principle of law as enunciated under section 497 of ..

Category: Criminal Law | Date: | Hits: 68

Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)

....ts members alone. Leave was also granted to consider the submission of the learned Advocate as to whether the High Court Division was correct in holding that the Election Commission was not acting judicially and it was not a quasi judicial body, and it was acting in its administrative capacity. ..

Category: Election Law | Date: | Hits: 144

Special Reference No. 1 of 1995, 24 CLC (AD)

.... to the decision of concrete cases coming before it. 17. Section 4, Judicial Committee Act, 1833, (3 and 4 William IV, C 41) provides: "It shall be lawful for His Majesty to refer to the said judicial committee for hearing and consideration of any such other matters whatsoever as His Majesty..

Category: Constitutional Law | Date: | Hits: 248

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....ract of insurance under review, which criginating from this decision AIR 1914 (Bom) 2251 has held the field for almost three quarters of a century, should be disturbed, Successive affirmations by judicial pronouncements have made it assimilate in the mainstream of the law of insurance and ha..

Category: Business or Commercial Law | Date: | Hits: 114

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....er that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incrimina­ting documents in its possession in support of the prejudicial activities indulged in by the detenu which necessitated his detention and that the grounds ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

.... how this discretion will be exercised has been specifically indicated in section 22 (11) itself. It provides that the discretion of the Court is not arbitrary, but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The Indian Supreme Court, in Sa..

Category: Property Law | Date: | Hits: 69

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

....espondent No. 1 concerning the order dated 8.8.84 or any conclusion drawn by him regarding the death or otherwise of Syed Mohammad Azam during the pendency of the said title suit is an affront to a judicial proceeding and is an attempt to pre‑empt a judgment. Respondent No. 4 being dissatis..

Category: Property Law | Date: | Hits: 62

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

....e, it will not only amount to a no‑confidence in the rule of law but also encourage very positively the expedient way of, what is called, "access" or "tadbir". It is particularly disturbing for the judicial conscience because it is unthinkable that it person can be permitted to come up with a peti..

Category: Property Law | Date: | Hits: 79

Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)

....had already completed the roof casting whereas the first Advocate Commissioner in his report dated 22.10.90 stated that only some pillars were partly constructed at that stage upto a few feet. The judicial anger and wrath of the trial Court on such a flagrant and contumacious violation of the Co..

Category: Civil Law | Date: | Hits: 106