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Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)

....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235   ..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195.   ..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....ainst the accused petitioner U/Ss.193/207/448/403/467 of the Penal Code. 13. Section 193 of the Penal Code is in respect of giving or fabricating false evidence   intentionally in any stage of a judicial pro­ceeding. The facts narrated in the petition of complaint do not at all bring the alleg..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

.... or circumstantial evidence to prove that the present appellants committed the murder of Jitendra. 8. The learned Additional Sessions Judge based the conviction and sentence solely upon an extra-judicial confession of only one of the accused, namely, accused Sudhir without any proof that Sudhir..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

....ves a substantive right to the ap­pellant to be heard on merit and without dis­posing the, appeal on merit it cannot be said that the learned Additional District Magistrate at all applied his judicial mind to the materials on record. The spirit of second amendment (Ordi­nance No.XXI..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ol­umn 2 of the charge sheet. 3. After submission of the charge sheet the informant filed 2 petitions before the Sub-Divisional Magistrate, one in the nature of a Naraji petition praying for judicial enquiry and the other for taking cognizance against the petitioner for an offence under sec..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....see may be and often does remain, in exclusive posses­sion of the land, but this cannot be a decisive factor in determining the question whether it is a lease or a license. Before we refer to the judicial pronouncements in respect of this criterion to determine whether a document has granted lea..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....thstanding the best effort, no precedent has been made available to this Court which can be compared with the Government Servants (Seniority of Freedom Fighters) Rules, 1979. Consequently there is no judicial decision of the superior Courts either in the Sub-continent or any other Commonwealth or Co..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....for pre­emption are affirmed. In the facts and circum­stances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89.   ..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....Relief Act. As noticed, clause (c) deals with the discretion of the court and Section 22 cautions, "but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of Appeal." Then the Section is amende..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....quot;— Section 423(1)(b) of the Penal Code provides that in an appeal from a conviction the appellate court "may alter the finding" "Finding" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

.... to aid or aided the occu­pation army in furthering its design of perpetrating its forcible occupation of Bangla­desh". While trying an offence under P.O. No.8 of 1972 the Court can take judicial notice of any facts of common knowledge, as provided in clause (c) of Article 10A of the sa..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....632-637 & 639-644 of 1981 Judgment K. Hossain CJ. — In concurring with the decision of my learned brother B.H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under t..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....uestion that court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the court and I consider it to be a basic principle that a person seeking judicial review of administrative or quasi judicial action must show that he has a direct personal i..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Bengal Water Ways Ltd & Another

.... equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by respondent No. 1 and found to have been pro..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....tizen are not only duty-bound to obey the law and the orders of the court but it is their constitutional obligation to do so, inasmuch as, the constitution enjoins upon all authorities, executive and judicial in the Republic to act in aid of the Supreme Court We have not came across any instance so ..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....e public servant concerned: (b) availability of a "qualified candidate" for the post held by the public servant concerned; (c) indulgence by a public servant in activ­ities prejudicial to the interest and the fundamental principles of the state: (d) bad reputation relati..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6