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Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....t be given on the findings of the co-existence of the facts of such a nature from which only inference can be made that none but the accused-appellant himself committed the said offence. We also take judicial notice that except the fact that the appellant was last seen with the deceased (Haider) the...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
.... be based on an anterior date. 33. In this context we feel inclined to record an observation that even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities necessary to achieve requirements of natura......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
.... law of the land. The need to protect the environment and ecology has been summed up by David B. Hunter (University of Michigan) in an article titled an ecological perspective on property: A call for judicial protection of the public’s interest in environmentally critical resources published in Ha......-operative basis or otherwise for large-scale dairy farming. “Revenue Officer” within the meaning of the Act includes “any officer whom the Government may appoint to discharge all or any of the functions of a Revenue Officer under the Act or any rules made there under (section 2(24))”.Sub-se..
Category: Environmental Law | Date: | Hits: 434
....ional Divisional Commissioner, Chittagong Division, Chittagong as Appellate Court without assigning any reason dismissed the appeal in a single sentence. Mr. Kazi Siddiqur Rahman, next submits that a judicial order must be a speaking order manifesting by itself that the Court has applied its mind to......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
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Category: Civil Law | Date: | Hits: 74
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ing upon their testimony in convicting the petitioners. He further submits that the victim was killed in the course of a quarrel (Maramari) between the parties and the trial Court did not apply its judicial mind in analyzing the deposition of P.Ws., rather it based its judgment on surmises and con......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....olte-face recorded by learned Appellate Judge vouches for any interference by this Court in the exercise of Revisional Jurisdiction envisaged under section 115 of The Code. 19. Before adverting to judicial decisions it will be profitable to record observation that a judicial decision is only an a......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... Tk. 46,280/- plus other allowances. District Judges posted in the Hill Tracts get an additional amount which enhance their income to taka. Tk. 49280/=. Hence, it is evident that the salary including judicial allowances of the District Judge ismore than what the Hon’ble Judges of the Supreme Court......oner, projected the bleak and ineffable scenario that keeps the state of Supreme Court Judges’ salary surrounded by mist. 15. Mr. Murshed was rather imbued to submit that given the nature of the functions the judges perform, the salary they receive can very aptly be described as impecunious. He..Category: Constitutional Law | Date: | Hits: 413
....und in favour of the respondents and as such the impugned order was rightly passed under section 42A of the Tenancy Rules. There is nothing to interfere with by this Court exercising its authority of judicial review under article 102 of the Constitution.
9. At the concluding stage of hearing, Mr.......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
....econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
......nder a law. So the said Corporation is a 'local authority' as mentioned in sub‑Article (2) of Article 102 of the Constitution. Under the said provision direction can be given to a person performing functions in connection with the affaire of a local authority. So writ may be issued on the officers..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......anbaria district. 2. The petitioners are four businessmen, permanent residents and voters of Ward Nos.8 and 9 of Nabinagar Municipality. They were appointed as members of the pourashava to run the functions of Nabinagar Municipality immediately after it was established. 3. Facts leading to iss..Category: Civil Law | Date: | Hits: 131
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
.... in this case. Learned Special Judge tempered mercy for Sadhan Mohajan and benefit of doubt was considered for him and he was acquitted from the charge but in a case of appellant he did not apply his judicial mind and did not show equal treatment as was shown in case of Sadhan Mohajan and he discrim......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....iciton of the Court The Writ Court under Article 102 of the Constitution can not interfere with the administrative approval accorded by the Government and administrative approval is not subject to judicial review................................(20) Cases Referred to- Golam Murtaza Bhuiyan a......e middle of the Biaghat Union when the present Khubjipur Union was under the Biaghat Union. As the present site of the present Biaghat Union Parishad Complex has become unfit for carrying on official functions, a suitable site for the new Complex Building has been found to be a necessity. The proced..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....harge is groundless and in doing so, in a complaint case, such as the present one, he should consider the petition of complaint, the documents submitted, statements of the witnesses recorded during judicial enquiry if any, report of the Inquiring Officer if any, medical certificate if produced, ma......r the Rule is discharged. Let 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: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ramed, evidence was taken, even 342 examination was completed and a date was fixed for argument and on that date the Court was informed that the accused Ramid Ali was really ill and he was taken in a judicial custody in connection with another case, then a telegraphic message was sent to the concern......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... On the contrary the legal pleas taken by the learned Counsel for the opposite parties prevail and appear to have a good deal of force. 28. In view of discussions made above, and the preponderant judicial views emerging out of the authorities referred to above I am of the view that the impugned ....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... behalf of the opposite party to oppose the Rule. 6. Mr. Lutfor Rahman Mondal, the learned Advocate appearing on behalf of the petitioner submits that the revisional Court without applying its judicial mind and without considering the facts and circumstances and the provisions of law speciall...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
.... also clearly disclosed offence which falls under section 138 of the Negotiable Instrument Act. The learned Additional Metropolitan Session Judge, duly complying the provision of law and applying his judicial mind and considering the, facts and circumstances of the case and material on record, right......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
.... patta deed by highest Court of the land. Venture undertaken from the side of plaintiff-opposite party i.e. Government of Bangladesh, to reopen the issue which was finally and conclusively decided by judicial verdicts of last and highest Court of the country, cannot be allowed to be proceeded with a......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....tember 2010, wrote, “At that time there was martial law in the country. It was alleged that a summary trial was held by a martial law tribunal formed by thethen army chief. It is apparent that extrajudicial murder was committed in the name of trial because if a death sentence is pronounced by a co......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
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