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Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....lf or for whose benefit a suit is instituted or defended under sub-rule (1) may apply to the Court to be made a party to such suit.” 13. This Rule requires that the Court should exercise a judicial discretion permitting some definite persons to sue or be sued on behalf of all the persons ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......loyed in a managerial or administrative capacity.
(c) who being employed in a supervisory capacity performs, by virtue of the duties attached to his office or by reason of the powers given to him, functions of managerial or administrative nature.
Exception.—Notwithstanding anything contained..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....e, 1898 (V of 1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materia......consent of the trying Judge is not to be given mechanically. The Court is to examine materials on which the Government decides withdrawal of a case. It has been held that the Court is to exercise its functions judicially before giving such consent, which implied that Court will have to examine mater..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ....... We find that under Article 4(3) of President’s Order No. 59 of 1972 there is a general power of the Government to give directions to the Board. It says, ‘Each Board shall, in discharging its functions, be guided by such directions as the Government may give from time to time.' 8. Fr..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....ngladesh whereby any person, whether a major, a minor or a female who is neither an alleged criminal nor a witness in the FIR be detained in jail by any Magistrate on any authority under the guise of judicial custody or otherwise, why a declaration should not be given that practice of safe custody i......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
.... the country are being controlled by the ruling party and as the respondent belongs to the opposition party the respondent has reasonable apprehension that his case for bail would not be justly and judicially dealt with and therefore he prayed for anticipatory bail in Porsha PS Case No. 1 dated 6......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....d Counsel for the appellant, raised several points seeking leave to appeal from the impugned judgment and leave was granted to consider his submissions as follows: (1) that as long as a suo motu judicial exercise is per incuriam (perhaps the learned Counsel meant ‘incidental’) and d......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....matter transferred the same to be heard by other Additional District Judges being in charge of District Judge from time to time but all of them failed to exercise their jurisdiction by applying their judicial mind. Hence this Revisional application has been filed before this Court against the order ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
.... the jail custody. They however, obtained Rule from the High Court Division under section 491 of the Code of Criminal Procedure in Criminal Misc. Case No.19 of 1998 challenging their detention in the judicial custody. 7. Mr. Abu Salek, learned Advocate for the accused-appellants, submits that t......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Class, Moulavibazar showing the arrest of the couple under section 54 of the Code of Criminal Procedure being GD No.3042 dated 30‑5‑96 and praying, inter alia, that Rehana Begum should be sent to judicial custody since the officer did not know what to do with her. The Magistrate on 30‑5‑96 s......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ection 561-A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court, the consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....is not being held in custody without lawful authority or in an unlawful manner and why she should not be set at liberty forthwith. 2. In this case the victim girl Tapati Rani alias Boby Rani is in judicial custody. Challenging such keeping her in judicial custody this writ petition was moved and ......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....he evidence on record. 13. For the reasons stated above, I am inclined to hold that the learned Assistant Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....nd 164 of mouza Anderkilla within PS Kotwali, Chittagong. 2. The case of the petitioner is that in the said LA Case, the purpose for acquisition of the land relates to construction of residence of judicial officers and notice under section 3 of the Ordinance was served in the locality of the land......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ic policy to the contrary. But where there is no express clause, it is a matter of inference from the circumstances of the case”. There is a third and final way, failing either of these, i.e., by judicial determination of the system of law with which the transaction has the closest and most rea......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
.... meaning of the word cognisance. It is well‑settled that the word cognisance refers to a stage of mental condition to which a Magistrate or a Judge decides upon taking necessary steps to initiate a judicial proceeding against a person accused of an offence for placing him on trial with a view to d......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ...... to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the petitioner was appointed and authorised to perform the functions and duties of Nikah Registrar for the ward Dhaka Cantonment Board under a licence dated 8t..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
....s it will be disregarded by each and every court, and if necessary, may be declared as such or set aside for the safety of the party affected thereby. In the latter case the court can and should take judicial notice of it and set it aside under section 17 of the Act suo motu without an application u......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
...., murdered one Kamal while he was in police custody. On receiving the complaint the Sadar Upazila Magistrate sent the matter to the Magistrate, First class, Mymensingh for enquiry.The report, after a judicial enquiry, was placed before the Sadar Upazila Magistrate who after perusing and considering ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....ent defendants opposite parties are estopped from denying the monthly tenancy of Sirajuddin under the provisions of section 116 of the Evidence Act, the learned Assistant Judge having not applied his judicial mind in to considering that the plaintiffs petitioners proved the tenancy of the said origi......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
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