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Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
.... Judgment ATM Afzal CJ.- Bashu Dev Chatterjee of village Batra, PS Nagorpur, District Tangail whose minor daughter Suma Chatterjee was alleged to have been kidnapped on 4-3-97 and who is now in judicial custody in the Tangail District Jail is the appellant in the present appeals by leave and a..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....t the appellant ha already undergone the sentence till rising of the Court and for the last four years he has passed his days in agony. His promotion has been withheld for four years. He is a good judicial officer and his annual confidential report is otherwise unblemished. If the conviction is ..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....il Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.” 30. In the vein of this decision there are numerous decisions, some of th..Category: Property Law | Date: | Hits: 77
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
.... it cannot be said that ferry ghat does not include ‘nowka ghat’ Accordingly, the contention of the learned Advocate that ferry ghat does not include nowka ghat fails. It is settled by judicial pronouncement in the case of Dr. Mohiuddin Farooque vs Bangladesh & others 49 DLR (AD)..Category: Constitutional Law | Date: | Hits: 126
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....by the High Court Division will be operative ever since the amended Article 116 is in operation…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validate..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....72 Article 134 (i) As malafide vitiates every exercise of power, a malafide exercise of pleasure by the President under Article 134 of the Constitution can be brought within the purview of judicial review, if the other provisions of the Constitution are not a bar………&..Category: Employment/Service Law | Date: | Hits: 89
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....blic expense, time, etc. If a superior court disposes of a criminal matter, more particularly a criminal appeal of such a great importance in such a light hearted manner without any application of judicial mind, then that will have a demoralising effect on the subordinate judiciary in disposing ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....sh vs. AKM Zahangir Hussain, 34 DLR (AD) 173 the High Court Division held that the Army Act, Army Act Rules and Army Regulations under which the four Notifications were issued are not amenable to judicial review under Article 102 of the Constitution. 5. Mr. AR Yousuf, learned Counsel fo..Category: Employment/Service Law | Date: | Hits: 77
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....t of law for deciding the nature of the alleged transaction. 19. For the reasons stated above we are of the opinion that the learned Judges of the High Court Division failed to apply their judicial mind on the evidence on record in setting aside the positive finding of the trial Court an..Category: Property Law | Date: | Hits: 75
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....lute, arising out of an order dated 8-7-98 passed by Sessions Judge, Brahmanbaria in Criminal Motion No. 10 of 1986 setting aside the order of Sessions Judge, and directing the Magistrate to hold a judicial inquiry into the Narajee petition filed by the informant. 2. Informant Jalaluludi..Category: Criminal Law | Date: | Hits: 66
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....tion that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discretion in the facts and circumstances of a particular case………&hel..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....erience as a young Deputy Commissioner sentence of imprisonment and fine imposed on the contemner by the High Court Division was set aside by censuring him for his objectionable remarks against the judicial officers of Kurigram and warned to be careful in future…………(4 ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ave been wrongly decided in the majority judgments. 7. Leave was granted to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly v..Category: Constitutional Law | Date: | Hits: 191
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....ble of enjoyment for a maximum period of 7 years and the raiyat will get back his property under section 95 of EBSAT Act. I am afraid that the reference of this case shows total non-application of judicial mind of the learned Single Judge. 11. President’s Order No. 88 of 1972, Pres..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ers………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic within the meaning of Article 152(1) of the Constituti..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....pinion on a sub-judice matter before this Division. In that judgment we expressed in clear terms that the learned Judge will desist from committing such an act in future that is not in keeping with judicial propriety. 4. In view of our observation made in the above mentioned no action is..Category: Criminal Law | Date: | Hits: 63