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Displaying 1941-1960 of 2137 results.
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....roach has to be cautious in dealing with such evidence; but the plea that such evidence should be rejected because it is partisan cannot be accepted as correct". Keeping all these judicial pronouncements in mind it is to be considered whether the assessment and appreciation of t......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petition did not at all apply their judicial minds to this material aspect of the case. 5. Leave was granted for consideration w...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... learned. Judges, however, preferred to follow the Calcutta view which says that no complaint by the court is necessary when a false charge has been made to the Police and has not bee followed by a judicial investigation thereof by court. 7. Section 195(1)(b) of the Code reads thus; ...... under section 156(3) of the Cr.P.C. or for issue of a search warrant for the purpose of investigation, he cannot be said to have taken cognizance of the offence. The Magistrate during this stage functions as a Magistrate during investigation. As the trial has yet to commence it cannot be sa..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......or release of the detenu. TheGovernment, however, in the meantime itself passed an order maintaining the detention. The question referred to the Full Bench was in these terms: "the functions which have been delegated to the delegatee cannot be shared by the delegator and if the ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....tion is liable to be set aside because the operative portion of the grounds are vague and insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or maintaining of a private army immediately before his arrest that called for ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ...... and operate those concerns, firms and companies either directly or through the appointment of administrators or otherwise, and generally conduct all ancillary matters and to carry out such other functions relating thereto as may be necessary from time to time." 45. By Notific..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....th the crime charged. But the evidence of these witnesses as to what the victim woman told to them after the alleged occurrence is no corroboration in the eye of law. It may be pointed out that by judicial pronouncements by various courts the evidence of the prosecutrix about corroboration has h...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......eunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitution describes the functions of the Election Commission relating to election to the office of the President and Members..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... that the jurisdiction of the Supreme Court was subject to control by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, which should be performed properly with the care and certitude of a judicial min......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....shy;dents but in any cases the maintenance allowance shall not exceed Rs. 400/- in the whole for each of them. In every case while granting maintenance allowance the Magistrate will apply his judicial discretion and take into consideration the means of the person ordered to pay mainten......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....First Class, who has been empowered under P.O. 50 to function as a Special Magistrate and try cases, any order of detention that he passes under Article 13 of the said P O should be construed as a judicial order which is subject to the revisional jurisdiction of the High Court, under sections 43......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......nal Constitution Order); Clause (5) whereof provided for a Cabinet of Ministers with the Prime Minister at the head Clause (6) provided that the President “shall” in exercise of all his functions ac; in accordance with the advice of the Prime Minister". Clause (7) said that the P..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....espect of any matter agreed to be referred, any party to such a legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings apply to the judicial authority before which the proceedings are pending to stay the proceedings ; and if ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e question shall be decided by the Government which decision shall be final." 10. In this case we need not enquire into the meaning of the term 'decision' or to the question what makes a decision judicial or quasi-judicial or whether a lis was to be decided by the notification. The judicial revi......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
..... There being no express rules in this regard, it must be held that the Writ Court must possess this power for doing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....y‑General has relied on the following passage- "In this country too, the functions of Government are divided into three distinct branches‑ legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmoniou......;compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney‑General has relied on the following passage- "In this country too, the functions of Government are divided into three distinct branches‑ legislature, executive and..Category: Constitutional Law | Date: | Hits: 157
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......nction under the proviso to sub‑section (1) before the holding of the first meeting of the Parishad constituted to succeed it, an Administrator appointed by the Government shall perform the functions of the Parishad until the holding of such meeting. (1B) Notwithstanding anythi..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....d that the plaintiff deserved a second show cause notice before the order of dismissal. 13. The reasonings of the appellate Court are flawed. The High Court Division ought to have disapproved such judicial latitudinarian ism. The plaintiff had the, full opportunity to examine the papers and place......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
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