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Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....cuted on behalf of the minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in t......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....the present appellant preferred this First Miscellaneous Appeal. 9. Mr. Golam Arshed, the learned Advocate appearing for the appellant submits that the Court of Appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject most illeg...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....O list serving in the Departments of Bengali and Political Science. 17. Articles 29 and 31 of our Constitution relates to equality of opportunity in public employment. It is well settled through judicial pronouncement of the apex Court that persons serving in same category/class are to be treat......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
....ip;…….(21)
Whether an interim order for temporary suspension of a person in any office is a penal action by itself and it has been consistently held in the negative—
No judicial decision is available in support of the proposition that an interim administrative order fo....... Suresh Chandra Chowdhury (Blind) Teacher Govt. Blind School, Asad Gate, Mohammadpur. Dacca to be effective from the issue of this order,
and that the said care-taker Body shall perform all the functions of the Governing Body of the said Society according to the provisions Of the constitution ..
Category: Constitutional Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....tion 27 of the said Ain. The case considered by the High Court Division is distinguishable and the same is not applicable in this case. 6. The High Court Division has not at all applied its judicial mind in acquitting the respondent. The question has already been settled by this Divis......l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....t Division has set aside the conviction and sentence without entering into the merit of the case on relying a case which has no application in the appeal and that too, without application of its judicial mind'. The manner of the disposal of the appeal is deprecated. 4. This matter was ......peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ..Category: Criminal Law | Date: | Hits: 2
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ld not be proved without assigning any reason whatsoever. He also observed that in disposing of the matter the learned Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying ......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....f the jail gate. It is contended that since 1974 the detenu was in detention and, therefore, the detention order under the Emergency Powers Rules lacks its basis because he was incapable of acting prejudicially during the period of his detention. Secondly, it is argued that the respondents have arbi......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....rd Lorebum, LC said in the case of Vickers, sons of Maxim Limited Vs. Evans 1910 AC 444: "My Lords, this appeal may serve to remind us of a truth sometimes forgotten that this House sitting judicially does not sit for the purpose of hearing appeals against Acts of Parliament, or of providi......he learned Joint District Judge, was not in the original suit but in an appeal. In that view of the matter, it is very correct that the Joint District Judge, for all practical purposes, exercised the functions of the District Judge or an Additional District Judge, in disposing of the miscellaneous a..Category: Civil Law | Date: | Hits: 2
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... the case of Farid Sons Ltd. Vs. Pakistan reported in 13 DLR Supreme Court page 233 in which his lordship correction C.J. Pronouncing the judgment at paragraph 69 held as under:- "The consensus of judicial opinion, however, is in favour of the view that if upon an administrative body has been cas......pers. 19. In the present case the writ petitioners challenged the impugned order 'Annexure-G' passed by the director of Trade Organization appointing an administrator for conducting the day to day functions of Bangladesh Mudran Shilpa Samity (BMSS) and to hold the election of the Executive Commit..Category: Business or Commercial Law | Date: | Hits: 72
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....uch misreading and misapplication of evidence; that the learned Tribunal erred in failing to note the contradictions in the depositions made by the P.Ws.; that the learned Court failed to apply his judicial mind in assessing the evidence and that the impugned Judgment is illegal and unwarranted by......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....public record or copy thereof from any office; and (e) Issuing commissions for the examination of witnesses or documents. (3) Any proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (Act XLV of 1860). (4) A ......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
....eved to advance the cause of community of disadvantaged groups and individuals or public interest by permitting any person, acting bonafide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion.
22. Sub-article (1) o...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....r order or orders passed as to this Court may seem fit and proper. 2. Mr. Rafi Ahmed, the learned Advocate appearing for the accused-petitioners, referring the police report dated 9.8.2001 and the judicial inquiry report dated 3.9.2001 as contained in Annexure B & C to the application submits......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....e is available or has been provided by the Code itself. This power cannot be so utilized as to interrupt or divert the ordinary course of criminal procedure as laid down in the Code. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....t all transferable although it was done in the instant case by Nazar Ali and taking no notice of any of the situations disclosed above, the trial Court decreed the suit without application of its judicial mind. 25. Lastly, in view of the facts and circumstances disclosed above, it is also e......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....blic record or copy thereof from any office; and (e) Issuing commissions for the examination of witnesses or documents. (3) Any proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (Act XLV of 1860). (4) ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... was nationalised with effect from 19‑9‑87. Mr. Wahab submits that all the petitioners got their job in the aforesaid college much before 19‑9‑87 and since then they bad bop discharging their functions in their respective posts in that college. Mr. Wahab further submits that this Gazette not..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....haka, in Title Suit No.31 of 2011 is hereby set-aside. Let a copy of this Judgment, and order be sent to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for their evaluation of the judicial functions of the learned Judge Mr. Mohammad Sharif Hossain Hayder and another copy of the J......Title Suit No.31 of 2011 is hereby set-aside. Let a copy of this Judgment, and order be sent to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for their evaluation of the judicial functions of the learned Judge Mr. Mohammad Sharif Hossain Hayder and another copy of the Judgment b..Category: Administrative Law | Date: | Hits: 212
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....al of force. On the contrary, I failed to discover any merit in the submissions advanced by the learned Counsel for opposite parties. 23. 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......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
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