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Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....evelopment) for a decree of mandatory injunction directing Respondent No. 1 Additional Deputy Commissioner (Revenue) to vacate the suit premises for accommodation of the plaintiff-appellant, who is a judicial officer. 2. The plaintiffs case was that the suit premises was the official residence ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when the administration takes preventive, remedial and curativ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......isions imply that if any appeal is provided against the decision of an Election Tribunal, it must lie to a person or authority higher than such Tribunal and at the same lime exercising the powers and functions of a Court, particularly when the Election Tribunals are manned by Munsifs." 7. As a me..Category: Election Law | Date: | Hits: 125
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....ttled that the withdrawal of a criminal case under section 494 is to be asked for by the Public Prosecutor and on the consent of the Court the withdrawal is made and the consent of the Court is a judicial function and the Court must exercise its function judicially. This Division in Civil Appeal......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
.... the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authorities propounding the principle underlying the Rule.
2. Facts are that the plaint......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....y involves employment of any Court process. Their Lordships further observed that “the ends of justice” to secure which the Inherent power may be Invoked, have reference to the purposes which the judicial process in intended to secure, and it is difficult to include the actions of investigating ......, and it would, as their Lordships think, be an unfortunate result if it should be held possible to interfere with those statutory rights by an exercise of the inherent Jurisdiction of the Court. The functions of the judiciary and the police are complementary not overlapping and the combination ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ction 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were served on him wherein i...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....ory part 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. The case of Adalat ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....uittal quite illegally and there was every scope of doubt of his honesty and integrity and he does not have good reputation at Pabna. He further opined that it was unsafe to retain such officer in judicial office. He submitted list of the cases examined during enquiry together with the report. D......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....w that notwithstanding the ouster clause of jurisdiction on the High Court Division by any legislative provision, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 of the Constitution, if the action complained of before the High ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....nsel submits that the way in which the learned Magistrate dealt with the matter virtually disallowing accused Abdul Quayum to be produced before the learned Magistrate is not above board. Moreso, a judicial officer behaved in an unusual and objectionable manner while he penned through the order i......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... the Ordinance has done away with such participation in the administration at the Upazila level. These two Articles as already quoted are Fundamental Principles of State Policy, but are not judicially enforceable. That is to say, if the State does not or cannot implement these principles......ies of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishads is to help collection of Government dues, rent and taxes. Besides, me..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......al justice to the citizens. 108. We have also adopted a democratic Constitution but successful working of it requires that those responsible to make the democracy successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order to make..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ed erected new courts parallel to the High Court Division as contemplated in Articles 94,101,102. Thus the basic structural pillar, that is judiciary, has been destroyed and plenary judicial power of the Republic vested in the High Court Division has been taken away. Hence ......f the judiciary namely, of the Supreme Court of Bangladesh by setting up rival courts to the High Court Division in the name of Permanent Benches conferring full jurisdictions, powers and functions of the High Court Division………………(293, 295 & 297) ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... 7. Leave was granted since "it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law". 8. Mr. Julmat Ali Khan, the learned counsel appearing fo...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... proposal. It is not an offer. It is simply intimation to the borrower that he must fulfill certain conditions before a contract is concluded. In England, “the distinction is sometimes expressed in judicial language by the contrast of an "offer" with that of an "invitation to treat." (See Cheshire......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......0 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in the office when the office is vacant but he is not the holder of the office as Chairman..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....of its own existence, date and legal effect, as distinguished from the accuracy of the decision rendered. In other words, the law attributes unerring verity to the substantive as opposed to the judicial portions of the record. But where the judgment is inter parties; even recitals in such a ju......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... This 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 administratively.......0, Rule 30(3), Rule 31, Rule 34, Rule 35, Rule 38, Rule 38(4), Rule 39 and Rule 40. 17. Functions and duties of the District Election Officers can be found in Rule 4, Rule 5 and Rule 9. Lastly the functions and duties of the U.N.O. and D.C. can be found in Rule 20 and Rule 60. 18. Thus four ca..Category: Election Law | Date: | Hits: 165
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