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Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
....atisfaction on the Court and beyond ail reasonable doubt. The deft-appellant ban totally failed to discharge her onus in this respect."
21. There being a presumption of regularity of a judicial act under section 114 (c) of the Evidence Act whenever a judgment debtor or anybody steppin......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
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Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ...... of a future behavior on the part of the promissor and acted upon by the promisee to his detriment. If an individual would be bound by his promise then why not an executive authority, performing functions in the affairs of the state. 25. This equity of promissory estoppel however existed n..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ts- 1. Documents forming the acts or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......'s Republic of Bangladesh by an Extra Ordinary Gazette Notification dated 20th November, 1972 appointed the Administrators of Union Panchayet, Shahar Committees and Pourashavas to perform all the functions as provided under the Muslim Family Laws Ordinance, 1961 within the respective areas. So t..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....side. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner under section 200 Cr.P.C. that is, to take cognizance, if necessary, by holding judicial enquiry. The Sessions Judge's order was challenged again and ultimately it came before the ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....lso not considered the evidence of O.P.Ws.2 and 6, the Presiding Officer and Police Officer on duty, who stated that both the polling and counting were peaceful. The Tribunal failed to apply its judicial mind as to the manner in which the evidence of election officers has to be weighed. The Tri......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....t is well settled that no one has any vested right in any procedural rule and that therefore, any change in the procedural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of Course this can be done without affect......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....formance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discreÂtion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. 10. The following are cases......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....efore them for transmission to the appropriate Court for taking cognizance and for trying the case. In such cases the Sub-divisional Magistrates or the Upazila Magistrates are merely discharging judicial functions according to the provisions of the Code of Criminal Procedure and are not functio......m for transmission to the appropriate Court for taking cognizance and for trying the case. In such cases the Sub-divisional Magistrates or the Upazila Magistrates are merely discharging judicial functions according to the provisions of the Code of Criminal Procedure and are not functioning as a..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....nt Ordinance, 1984 and the District Judge, the appellate forum created by section 29(4) of the same Ordinance, is therefore obvious. The Election Tribunal does not function as a part of the judicial system of the country. It is not a Civil Court. But the District Judge does function as par......lna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331, Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119. 5. Mr. Md. Amir Hossain submits that the powers and functions of the appellate forum that decides appeals from election disputes cannot be higher than t..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....Magistrate, Chittagong am satisfied that with a view to preventing Mr. Jamaluddin Ahmed @ Jamal Ahmed s/o. Haji Bashir Ahmed of Bakulia, P.S. Chandgaon, District Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....r the O.P. No.1, referred to two decisions reported in 4 D.L.R 360 and 35 CWN 519. He has also referred to a decision reported in A.I.R. 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substan......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e for the O. P. No.1, referred to two decisions reported in 4 DLR 360 and 35 CWN 519. He has also referred to a decision reported in AIR 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substan...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... the rule. 7. Mr. Rafiqul Huq, learned Counsel, appearing for the defendant‑petitioner, placed before us Order Nos. 39 and 40 and submitted that the learned Subordinate Judge did not apply his judicial mind to the objections raised by the defendant, which are even admitted/ conceded by the Co......dence that have been adduced by the parties. It was observed: "An order rejecting the objections and confirming the report of the Commissioner does not mean that the Court has abdicated its functions and had decided a fact in issue solely on the report of the Commissioner and in advance of..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
.... of the disputed huts and that the alleged occurrence was absolutely false. The petitioner filed Naraji and thereafter the Subdivisional Magistrate directed Mr. S. A. Chowdhury, Magistrate, to hold a judicial inquiry. Mr. Chowdhury submitted a report on completion of enquiry and stated that a prima ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....s instructions and advice. Further from 27-12-83 the said U.N.O. instructed the Bench Officer of the Criminal Court and others not to work in the Court of the Munsif-Magistrate and thereby the normal judicial works of the Court suffered. 3. That the said U.N.O. also interfered with the leave an......nsibilities for all development activities at the local level shall be transferred to the Upazilla Parishad. For the present, Government will retain the direct responsibility for regulatory functions and major development activities of national and regional coverage as illustrated at Annex..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....h is as follows:— “Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be statement......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....er well-settled that the jurisdiction of the civil Court cannot be completely ousted even in the face of express ouster of jurisdiction in a given statute. It has been repeatedly laid down by several judicial pronouncements that any provision made in a particular statute barring the jurisdiction of ...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
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