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Displaying 201-220 of 305 results.
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....re 7) the stay order was partly vacated till the recruitment process of the 23rd BCS (Special) Examination, 2000 was kept in abeyance by the commission. The Public Service Commission did not make any unnecessary or intentional delay and the psychological test was held after lifting of the aforesaid ......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....course true and cannot be denied. But mere abscondance cannot always be a circumÂstance which should lead to an inference of guilt of the accused. Sometimes out of fear and self-respect and to avoid unnecessary harassment even an innoÂcent person remains absconding for sometime. Here in this case ......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a RefÂerence under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the senÂtence of death of the condemned-prisoner Badsha Mollah passed on him on..Category: Criminal Law | Date: | Hits: 42
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ars that according to C.S. Plot No.65 is a debuttor properÂty to which writ-respondent No.7 did not claim as title by any title deed and hence further enquiry as opined by the High Court Division is unnecessary for the purpose of considering the legality of the actions of RAJUK and therefore, the j......te-on-Record-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not repÂresented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2..Category: Property Law | Date: | Hits: 23
....ay be just for the purpose of determining the real controversy between the contending parties. While allowing amendment of pleadings the court is required to see if the proposed amendment would cause unnecessary hardships and prejudice to the adverse party and the applicant is not found guilty of de...... of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose ..
Category: Civil Law | Date: | Hits: 91
.... at the first hearing of the appeal and if a court felt that delay could not be condoned, proceeding of the appeal before him would have been stood buried at the initial stage saving the parties from unnecessary harassment.
23. Resultantly, this Rule arising out of Civil Revision Petition got no ......r section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed t..
Category: Limitation Law | Date: | Hits: 152
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....1 Cr.P.C. Section 171 is reproduced below: 171. (1) No complainant or witness on his way to the Court of the Magistrate shall be required to accompany a police-officer or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other th......in charge of Sessions Case No. 3712 of 1999 pending in the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit ..Category: Criminal Law | Date: | Hits: 189
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... made any difference if natural justice had been observed. The non- observation of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of justice is unnecessary. It comes from a person who has denied justice that person who has been denied justice i......g of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dw..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... the land on the basis of sale deed, and that the defendant No. 3 possessed the suit land, and held, the consideration of the testimonies of the witnesses examined by the plaintiffs on possession was unnecessary. The trial Court also did not give any decision that the defendants 3 or 4 had any right......tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ..Category: Property Law | Date: | Hits: 22
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....ion 41(1) of the Code of Criminal Procedure, by a notification dated 16-10-1999 (Annexure-A to the petition) withdrew the First Class Magisterial power of d petitioner. He submits that in making such unnecessary observations and recommendation the learned Sessions Judge went beyond his jurisdiction ......section 480 of the Code of Criminal Procedure, convicting the said accused under section 228 of the Penal Code and sentenced him to pay a fine of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed..Category: Criminal Law | Date: | Hits: 29
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....lth Constitution. These are goals to be achieved by stages. If at any time our country, because of maturity in Parliamentary practices, achieves a position which penders the application of Article 70 unnecessary or rare, than perhaps the guidelines given above can even be applied to the interpretati...... by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the o..Category: Constitutional Law | Date: | Hits: 138
....sed in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has not jurisdiction to try the case or send it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
P...... knowledge of the existence of some facts and such knowledge shall be the basis of arrest without warrant. There can be knowledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nat..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....out any hesitation that the legislature wantÂed that any person accused of any offence for contravention of the provisions of the Foreign Exchange Regulation Act etcetera should not be subjected to unnecessary harassment by the police and accordingly safeguards are provided in the Act. But in the ......ad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Advocate-on-Record-for the Petitioner. Rafique-Ul-Huq, Senior Advocate (with Ahsanul Karim, Advocate), instructed by..Category: Fiscal/Taxation Law | Date: | Hits: 75
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....nt No.1 having employed idle staff for over 4 years without having received any drawing or having been handed over the site, had by its deliberate, unreasonable and intentional act caused unnecessary expense and as such the compensation for idle machinery was contrary to section 73 of t......Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For Respondent No.1 (In all cases) Not represented-Respondent Nos. 2-4 (In all cases) Civil Petition for Leave to Appeal Nos. 2263 and 2211-2212 of 2008. (From the judgment and order dated 22..Category: Alternative Dispute Resolution | Date: | Hits: 344
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... offence entailing confiscation of goods....................(63) Words and phrases Sanction The provision for sanction is intended to protect officers of the Government from harassment by unnecessary, frivolous or malicious prosecution. No prosecution shall lie against, these public serv......gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O..Category: Fiscal/Taxation Law | Date: | Hits: 129
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....aling it. The learned Attorney General leading the argument that the Ordinance was void had unwittingly put the legislature, as it appears, to embarrassment in that the Repeal Act was proved to be unnecessary. 18. Then again the High Court Division having itself found that the Indemnity......ppeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5..Category: Constitutional Law | Date: | Hits: 167
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ppears in terms of section 57 of Evidence Act, the Court itself may take cognizance of certain matter which are so notorious or so clearly established that the evidence of their existence is deemed unnecessary. But as it appears the alleged statement made by appellant Farooque Rahman to a reporte......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.....C. 57. 802. The Court may take judicial notice under Section 57 of the Evidence Act certain matters which are so notorious or clearly established that evidence of their existence is deemed unnecessary. The facts enumerated in Section 57 of the Evidence Act, if their existence comes into ......rdon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and othe..Category: Criminal Law | Date: | Hits: 291
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....on) page 7 and the cases of Judoo Lall Mullick vs. Gopaul Chunder Mookerjee, 13 LA. 77 and 1877 L.R. (5) 133 in support of his submission. 8. For the purpose of this appeal we find it to be unnecessary to give a decision on the respective merits of the two sides' submission. The righ......igh Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession an..Category: Procedural Law | Date: | Hits: 64
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....will be reduced to an enactment only prospective in operation. In that case the expression it "shall be deemed always to have been so substituted" will be useless, meaningless and totally unnecessary. A cardinal principle of construction is that it must be presumed that the legisla......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....which I should exercise my power as an appellate Court under order 41 Rule 33 C.P.C. and give a direction that these items should also be excluded from partition." 13. It is unnecessary to multiply instances and it may be noted in passing that in the case of Hamijan B......ppeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies shar..Category: Property Law | Date: | Hits: 38
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