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Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....inister. The House of Lords dismissed the appeal of the applicants. The learned counsel for the appellant, however, asserted that in this case it was held that executive action was not immune from judicial review merely because it was carried out in pursuance of a power derived from a common law..Category: Constitutional Law | Date: | Hits: 203
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....by violated her modesty and forcibly her signature in some blank white papers in order to make valuable documents. 5. The learned Magistrate after examining complainant on 4-3-90 sent the case for judicial enquiry to Mr. Selim Reza, Magistrate, 2nd Class. After examining 5 witnesses Mr. Selim Rez..Category: Criminal Law | Date: | Hits: 85
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
..... There is nothing to show, he submits, that the appellant Ministry took any contrary decision later on. The High Court Division, he submits, right interfered in the matter and exercised its power judicial review when the Government was not acting reasonably and fairly in dealing with the employ..Category: Constitutional Law | Date: | Hits: 161
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....s. They also wrote letters to the company relinquishing their directorship and appellant No. 1 himself executed an acknowledgment dated 31-12-86 for the receipt of the cash consideration upon a non-judicial stamp. The transfer of shares and resignation of the appellants from the directorships wer..Category: Business or Commercial Law | Date: | Hits: 118
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....e said Sangstha. 3. After examining the respondent on oath under section 200 Cr. P. C. the Chief Metropolitan Magistrate sent the petition of complaint to a Metropolitan Magistrate for judicial enquiry under section 202 Cr. P. C. . The report of the Metropolitan Magistrate was receiv..Category: Criminal Law | Date: | Hits: 60
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... succinctly stated by Hamoodur Rahman J. in his inimitable language in the celebrated case of Dhaka University Vs. Zakir Ahmed, 16 DLR (SC) 722 (733-734) “Nevertheless, the general consensus of judicial opinion seems to be that, in order to ensure the “elementary and essential principles of ..Category: Constitutional Law | Date: | Hits: 169
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....t thinks to do so. It is no doubt a discretionary power of the Court as to when a receiver may be appointed in respect of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....y refer to the case of Ghulam Haider vs. State 9 DLR (WP) 52 PLD 1957 (WP) Lah. 519. In the said case their Lordships observed to the following effect: "There is some conflict of judicial authority as to whether an omission in such a statement can be utilised. But on one point..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....re arrested by the Investigating Officer on 25.7.62. Accused Lutfor Fakir was produced before PW 11 Mr. SNH Shamsuzzaman. Magistrate, 1st Class, on 26.7.69 at 2.30 pm. The accused appellant made a judicial confession of his guilt before the said Magistrate on that day. After completing the inves..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... on the plaintiff to eject the defendant before the onus is shifted to the defendant to prove that he has a right of permanent occupancy." In the said case their Lordships of the judicial Committee of the Privy Council also observed that in a case where it is either admitted or..Category: Property Law | Date: | Hits: 59
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....ash Choudhury PLD 1957 (SC) India 446, where after an exhaustive review of cases it was held that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of judicial proceedings all connected by an intrinsic unity and are to be regarded as one legal pro..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....feel that it is firmly well settled that in case of fraud on a party the only remedy is in a suit. As to the cases where fraud is committed upon the Court as well as the parties, the consensus of judicial opinion appears to be that the Court has inherent jurisdiction to interfere in exercise..Category: Property Law | Date: | Hits: 69
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....e has taken extraneous matter into consideration and disbelieved the witness. The court of law should be governed by the evidence on record and shall not take any extraneous view on any matter in its judicial decisions. It is true that PW 6 who is also one of the mukabala witnesses has stated that h..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67