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Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....Judge and Special Tribunal Judge has not gone into the deep of the matter and rejected the application for taking jimma of the seized goods and articles and that the learned Judge failed to apply his judicial mind in appreciating the legal and factual aspect of the case. So the impugned judgment and..Category: Procedural Law | Date: | Hits: 142
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....Learned Advocate next relied on the decision of Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185, wherein it has been held that: “It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselve..Category: Procedural Law | Date: | Hits: 154
Category: Alternative Dispute Resolution | Date: | Hits: 589
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... of summons upon Defendant Nos. 18(ka)-18(gaha). Section 114(e) of The Evidence Act enjoins that Court may presume that Judicial and official acts have been regularly performed. Service of summons is judicial/official act. A presumption as to due service of summons upon Defendant nos. 18(a)-18(gaha)..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....o the writ petition, and that said Respondent No.5 filed an application for his absorption as Joint Secretary of the Legislative Drafting Wing of the Ministry of law, relinquishing his service in the judicial service cadre in the year 2000, and that in the year 1998 the Legislative Drafting Wing was..Category: Constitutional Law | Date: | Hits: 361
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....e discretion on the Court to meet with every case of defect of parties and is not affected by the inaction of the plaintiff to bring the necessary parties on record. Addition of parties is, however a judicial discretion which is required to be exercised judiciously. In the case of Anil Kumar Vs. Shi..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....Case No.525 of 1987 for release of the case holding and exclusion of the same from the list of the abandoned property but the respondent No.1 illegally dismissed both the cases without application of judicial mind and against the evidence on record. 5. The respondent Government did not file any w..Category: Property Law | Date: | Hits: 107
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....ther said Noor Ali Sk is really giving shelter to the victim girl and is willing to maintain her in future and victim girl is willing to stay there. The victim girl stated that since her release from judicial custody she has been residing in the house of Noor Ali Sk, foster father of the appellant a..Category: Criminal Law | Date: | Hits: 89
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....ose cases are quite distinguishable to that of the instant case. Therefore, I am also unable to accept his submission to that effect. 20. In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, I am of the view that the impugned..Category: Procedural Law | Date: | Hits: 114
Category: Civil Law | Date: | Hits: 178
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....cceeded to prove their right, title or possession in the suit land. Therefore, I am inclined to hold that the both the Courts below erred in law in dismissing the suit without properly applying their judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa..Category: Property Law | Date: | Hits: 100
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..Category: Criminal Law | Date: | Hits: 84
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
.... 8. The question whether there is an apprehension of breach of peace is a question for decision of the learned Magistrate based on his subjective satisfaction. This satisfaction is of course a judicial satisfaction and must be based on objective materials. I have been taken through the eviden..Category: Procedural Law | Date: | Hits: 116
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....mned prisoners Rokeya Begum, Shahidul Islam and Md. Kamal submits that there is no eye witness of the occurrence in this case and that the conviction of the condemned prisoners is solely based on the judicial confessional statements made by condemned prisoners Nazma Sarker @ Beauty and Rokeya Begu..Category: Criminal Law | Date: | Hits: 99
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... that order an appeal being Miscellaneous Appeal No.186 of 1974 was filed before the District Judge, Bakerganj by Mrs. Nadira where it was alleged that the Administrator of Wakfs without applying his judicial mind and on the basis of no evidence, had passed the illegal order, removing the petitioner..Category: Trust/Waqf Law | Date: | Hits: 134
Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....r it appears that the learned Subordinate Judge has totally ignored the provision of Order 9 rule 13 of the Code of Civil Procedure in deciding the case. He does not appear to have at all applied his judicial mind to investigate and determine the basic questions involved in the case before him under..Category: Procedural Law | Date: | Hits: 88