Search Options
Judgment Advanced Search
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......the vice-chancellor is empowered to direct the registrar-in-charge to issue the order of suspension and show-cause notice to any officer serving under the University. 12. The power and functions of the Syndicate of the University has been described under Clause No.24 of the Jatiy..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....ourt to believe in the existence of a fact, must prove it, subject to two exceptions; (a) a fact which is admitted by other party need not be proved, (b) facts of which the Court shall take 'judicial notice' need not be proved. The Evidence Act divides the subject of proof into (i)......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....laint was required to be accepted and allowed by learned Assistant Judge. 9. Reason is the soul of law (Cessate Rationelegis Cessat IP salex). The right to reason is an indispensable part of sound judicial review. Reason presupposes code. Reasons are links between the materials on which certain c...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Ershadul Vs. State, 2006, 35 CLC (HCD)
....y the prosecution. The learned Advocate also submits that the seized phensidyles were not chemically examined and the conviction was based on mere surmises and conjectures without application of judicial mind. He submits that there is a great departure from what has been stated in the F.I.R. to......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....quite in consonance with the principle of justice, equity and good conscience to decree the suit. The learned Subordinate Judge was manifestly wrong in dismissing the suit without applying his judicial mind into the facts of the case and the materials on record. Consequently we find substa......lication; that Rajdhani Unnayan Katripakha through their letter dated 20.07.1989 informed the Constituted Attorney of defendant No.1 to the effect that the Attorney was permitted to perform all functions as mentioned in the Power of Attorney executed by the defendant No.1 in respect of the..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....with blood-stained wearing clothes. Those incriminating alamats were seized and proved at the time of trial, which are material Exhibits. Again it appears that the accused Maku Rabi Das made an extra-judicial confessional statement in respect of commission of offence immediately after his arrest but......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....xclusivity clause 3.21 having the object of allowing monopoly to the petitioner is also void as opposed to public policy under the provision of section 23 of the Contract Act, for monopolies being prejudicial to the public welfare. 54. The principle has been fully enunciated in the case of Som......usivity clause in 2.3 for 4 years in relation to other private sector operators. On 31-1-2002 Bangladesh Telecommunication Regulatory Commission was constituted for the transfer of certain powers and functions of the Ministry of Posts and Telecommunication to the Commission and assumed all regulator..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......It is stated in the petition that the pre-amble and other provisions show that the Act created an organization which is apparently supportive to the Union Parishad but would essentially undermine its functions which is an admitted local Government body, that the members of the said Gram Sharker, sav..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....d the scope for consideration of liability of a guarantor and it held that "As regards the liability of the guarantors to repay the loan, the contention of Dr. Kamal Hossain appears to have judicial support from the decisions cited by him which show that the guarantor is seen not only resp......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....judgment but that power should be sparingly used. It would be wrong if I refuse to interfere in this case where there has been failure of justice by reason of the appellate Court not having brought a judicial mind to bear upon the evidence. 54. All we desire to say is that upon a careful consid......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....f any antecedent breach of any of your covenants here as contained. 9. The language of the two clauses are quite clear and self-explanatory which needs no further elucidation. Non-application of judicial mind to these important provisions of the registered lease deed by the Courts below, partic...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......commencement of the Act, a Commission known as the Bangladesh Telecommunication Regulatory Commission, respondent No.3, hereinafter referred to as the Commission, was established and all powers, functions and authorities that were being exercised by the Post and Telecommunication Ministry relat..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....ction 164 of the Code which was recorded by Md. Ataharul Islam (P.W.11). Version comprised in the said Second Judicial confessional statement was quite a departure of the version encompassed in First judicial confessional statement dated 3‑12‑1992 and Md. Belal made a volte-face of the First con......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....their deposition. There is nothing to be interfered passed by the Magistrate 2nd Class, however, the accused preferred appeal and on appeal the Additional District Magistrate by exercising his judicial mind dismissed the appeal. Thereafter the accused preferred revisional application before ......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
.... 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the memo of appeal by his judgment and order dated 9‑10‑2001 without applying his judicial mind. It is further submitted that the accused petitioner voluntarily surrendered before th......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....on is sought and then pass an order manifesting by itself reasons which persuaded him to form a particular opinion. Discretion must be exercised not to any arbitrary, vague or fanciful manner, but on judicial principles. The Court has no jurisdiction to extend time carelessly or capriciously. In the......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2