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Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....ule. 7. Mr. Faruque Ahmed, the learned Counsel appearing on behalf of the plaintiff-appellant petitioner submits that the lower appellate Court and also the trial Court without applying their judicial mind and without proper assessment of the evidence on record and also the legal point invo...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... 21. Under sub-section (46) of section 2, a 'person' includes an individual, a firm and an association of persons, a Hindu undivided family, a local authority, a company and every other artificial judicial person. 22. From the above definition of "Assessee" and "Person" what is clear is that a......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....good deal of force but I failed to discover any merit in the submissions advanced by the learned Counsel for the opposite party No.1 22. In view of the discussion made above and the preponderant judicial views emerging out of the authorities refer to above, I am of the view that the impugned ju......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ingly unreasonable and perverse. It appears to us that the learned Additional Sessions Judge, Naogaon started the case from wrong premises. It appears that the learned Court below did not apply his judicial mind to understand the intrinsic truth of this case and also to understand the defence ve......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....ilure of justice and as such it is liable to be quashed for the ends of justice. The learned advocate further submits that the Tribunal exercised his jurisdiction illegally and without application of judicial mind in rejecting the petition case on enquiry report based on extraneous matters and as su......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......e that the grant of sanction is part of or incidental to the statuÂtory power to regulate orderly development of Dhaka Metropolitan City under the Act. The power to regulate with the obligations and functions thereto and are incidental to it, are not spent or exhausted with the grant of sanction. T..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....to show any authority that the opinion of PSC is not binding upon the concerned authority. Therefore, his contention is repelled. 15. In view of the discussion made above and the preponderant judicial views, emerging out of the authorities referred to above, we are of the view that the seni......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....arty in that proceeding. It is not at all necessary that some relief must have been claimed in a proceeding against the party which it joined in the proceeding as a party. On the subject an eye on judicial pronouncements may be run over. 7. In Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352 it h......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ional Settlement Officer or not but this does not mean that the Director of Land Records has been vested with superior powers to sit over their orders or decisions and to annul the same. In a quasi judicial proceedings like the present one all that is competent to do is that he may exercise any o......y Rules, the authority has ample power to cancel the earlier order and can take fresh steps for the same. She further submits that under rule 44, director has also ample power to discharge all the functions of the revenue officer and as such the impugned Judgment and orders are not illegal and n..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....s again stated thus: "Rape is an accusation easily to be made and hard to be proved and harder to be defended by the party concerned, though never so innocent." 21. From the above catena of judicial verdict it came into view: a. There is no Rule of Practice that there must in every ca......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of the allegation does not constitute any criminal offence against the accused petitioners. Finally, Mr. Chowdhury submits that the learned Judge of the Tribunal without proper application of his judicial mind to the facts and circumstances and the materials on record and without weighting the ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
.... view that in passing death sentence upon an accused against whom there is no iota evidence or materials before him, the learned Judge has adequately demonstrated that he is not capable of exercising judicial function. In such view of the matter, in the greater interest of the credibility of our jud......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....als produced before this court and in the light of the proposition of law emerging from the authorities referred above, we are of the opinion that the learned District Judge did not rightly apply his judicial mind in view of the fact and circumstances of the case and law bearing to it in passing his......a Dassya died in the house upon the land contained in the will and that the opposite party No.1 gave pindi and entertainment for the death of the said Mokshada Bala Dassya and performed all religious functions for her death memory; that the will executed by Mokshada Bala Dassya is a genuine wil..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ...... No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,000 from the respondent No.4 and w..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....ll the filling up of the permanent posts and thus they worked for more than 8 years on the basis of internal communication. The respondent no.1 Labour Court passed the decision without applying its judicial mind in the facts and circumstances of the case. We have initially gone through the judgm......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and functions. 4. The law is not the respecter of the people. Law does not discriminate between an ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131