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Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......section 2 of Islamic Foundation Act, 1975 (XVII of 1975), defines the Governor. It means a member of the Board of Governors of Islamic Foundation. Section 5 vests the powers of general directions and functions of the Islamic Foundation upon its Board of Governors. Section 5 reads as follows: à§..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....on of adverse possession. The limitation of adverse possession is a matter of practice ascribed to sections 26 and 27 of the Limitation Act which is also not categorical. From different textbooks and judicial pronouncements. It appears that adverse possession comprises of possession (a) commenced in......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....f law in case of ouster of jurisdiction to examine the case whether provisions of an Act have been complied with or not or that the authority has acted in conformity with the fundamental principle of judicial prudence. 14. Similarly, under section 50 of the Waqfs Ordinance, Administrator of Wa......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....on is not a proper judgment of reversal inasmuch as it does not conform to the long established principle that in reversing the judgment of the trial Court the appellate Court must fully apply its judicial mind to each and every finding of the trial Court and the decision based and the reasons g......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
....spect of the interlocutory matter e.g. an order of injunction passed upon hearing both the parties, unless the discretion so exercised by the High Court Division in interlocutory matters is "wholly unjudicially or is so palpably wrong that it shocks the judicial conscience." In the instant case from......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
.... J observed as follows: "A review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. A mere repetition through different counsels of old and overruled arguments. a......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....d description of the suit land and by positive evidence on record succeeded in establishing his right, title, interest and possession of the suit land and the High Court Division without applying the judicial mind concurred with the finding of the appellate Court and, as such, the findings and decis......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....ht for. To substantiate the said submission the learned Counsel has referred to Rule 17(2) and Rule 19 of the Civil Rules and orders. 16. True pleadings as well as petitions of allkinds requiring to judicial investigation of determination require to be verified in the manner as provides in Order 6 ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... by the writ‑petitioner "cannot be said to be bona fide" and the High Court Division are of the view that "operation of the impugned order need be stayed as is done in the normal cases by the quasi judicial as well as administration Tribunals". 12. These observations were made by the High...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....s, generally speaking, outside the purview of the Court and involves employment of any Court process and, as such, it is difficult to include the actions of investigation agencies within the scope of judicial process. The circumstances of each case, in which the inherent power is invoked, must b......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
.... been held that: "It is also to be home in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review proceeding is neither in the nature of a re‑hearing of the whol......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....rder to identify on which count the Chairman is guilty. II. For that the learned Judges of the High Court Division erred in law having failed to apply their judicial mind to the general provisions and principles laid down in Part V, Chapter 1, sections 13......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....of imbroglio and tendencies to back-track. And Law quibbles where life wobbles. Judges only read sign and translate symbols in the national sky. So ensued an era of islands of exception dredged up by judicial process. Great clubs were privileged out liberal professions swam to safety, educational in......st. The whole undertaking will be 'industry' although those who are not 'workmen' by definition may not benefit by the status.
(b) Notwithstanding the previous clauses, sovereign functions, strictly understood, (alone) qualify for exemption not the welfare activities or economic..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....Tribunal as aforesaid. 6. Mr. Khurshid Alam Khan, the learned Advocate, appearing for the petitioner, firstly contended that the learned Judges of the High Court Division failed to apply its judicial mind in appreciating the facts and circumstances of the case and thereby committed an error...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....tebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuries which was ante-mortem and homicidal in nature. 4. Anjuara Khatun made extra‑judicial confession to Mahbubur Rahman (P.W.2), Abdul Mannan (P.W.4), Mizanur Rahman (P.W.5), Saheb ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....cution has not produced the record of Sessions Case No.31/92 and none of the witnesses made any statement relating to that case. We failed to understand how the learned Additional Sessions Judge took judicial notice of another proceeding and used the same against the condemned-prisoner. He fails to ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....tion 95 or 95A of The Act. Corollary thereof is that Sub 10(d) of section 96 of The Act cannot stand as a legal bar or legal predicament on the part of Pre-emptor. First party in having a favorable judicial verdict of an order of pre-emption over the land under preÂemption proceeding. Learned As...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....estion that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is, what is called the exercise of judicial discretion in the facts and circumstances of a particular case." 14. The Appellate Divis......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....accused petitioners from the case. Against this order of the learned Magistrate, the opposite party No.2 informant as petitioner filed a naraji petition which was allowed with a direction for holding judicial enquiry. The learned Magistrate after holding judicial inquiry submitted a report finding p......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
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