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Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

....is clearly arbitrary and mala fide on the part of the respondent No. 1 PSC to deny the petitioners right to participate in the final stage of recruitment process on the so-called pretext of alleged incomplete appli­cations after the petitioners' completion of almost all the stages of recruitment ex......tion, 2000 was kept in abeyance by the commission. The Public Service Commission did not make any unnecessary or intentional delay and the psychological test was held after lifting of the aforesaid embargo issued by the Ministry of Establishment on 21-10-2001. It is stated that 292 candidates includ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

....y established. ii) those circumstances should be of a defi­nite tendency unerringly pointing towards the guilt of the accused. iii) the circumstances taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all hu­man probability the crime w...... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...

Category: Criminal Law | Date: | Hits: 42

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....t) months from the date of disbursement of first instalment and first instalment was paid on 14.10.80. 6. That the borrower/builder failed to maintain the schedule as per agreement/ undertaking to complete and deliver both the vessels by 30.6.83 but the same have not been delivered till today. ......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....e claim of the plaintiff as to benami having failed this question has assumed importance and has now become decisive. I am, therefore, of the view that determination of this question is necessary for complete adjudication of the dispute between the parties. I think, therefore, that this case should ......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

.... point for consideration before their Lordships was whether order cancelling without show cause notice was valid or not. By such registration rights and obligation were created and nothing left to be completed for granting the registration licence. But in the instant case Before me the settlement di......epted or approved by the appropriate authority. It was also contended that the suit was not maintainable, bad for want of valid notice under Section 80 of the Code of Civil Procedure and the suit was barred under Section 42 of the Specific Relief Act as the appellant had neither title nor possession..

Category: Property Law | Date: | Hits: 36

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....by their Lordships that “the Constitution makers attached so much importance to the necessity of absolute freedom in debates within the legislative chambers that they thought it necessary to confer complete immunity on the legislators from any action in any court in respect of their speeches in th......in the area if Shubhra was free. He immediately asked the Inspector General of Police to arrest him again. But after five minutes, the Inspector General rang him up and said, the High Court’s order barred the Police from arresting him. The High Court not only gave bail to him but also issued a dir..

Category: Criminal Law | Date: | Hits: 54

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....y what the appellant had prayed for, merely, for declaring the election of the returned candidate to be void. It is submitted that this being the position, the appellant in the above noted appeal had completed relief and there was nothing in the Judgment for him to be aggrieved of and, as such, he w......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..

Category: Election Law | Date: | Hits: 159

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....factors for backlog of cases have not been mentioned by him. We have already pointed out the other major factors which largely contribute to the backlog of cases but that aspect of the picture was completely omitted by him as a result of which the statements made had adverse impact upon the memb......on the subject matter of a case pending before him. Among a large variety of acts and conduct which amount to contempt of court, whereby due administration of justice is obstructed, interrupted, embarrassed, or impeded, an attempt to corrupt a judge is perhaps, the most serious. It is a dangero..

Category: Criminal Law | Date: | Hits: 130

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....f his term of sentence is violation of Human Rights and Fundamental Rights. It was they duty of the Government to take steps in time for their release. It is natural that some time would be needed to complete formalities of their release because Embassies of the different countries require to be con......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...

Category: Constitutional Law | Date: | Hits: 123

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

.... Kashi Nath. The plaintiff constructed dwelling huts thereon and the defendant forcibly con­structed a kacca hut in the eastern side of plot No.178 and therefore the appellate court rightly gave the complete relief by allowing recovery of possession. 11. The defendant adduced 3 D.Ws and D.Ws.2 a......tten statement denying all the material allega­tion made in the plaint and contended, inter-alia, that the suit of the plaintiff is not maintainable in it's present form and man­ner and the same is barred by limitation and the suit land originally belonged to C.S. recorded tenants, Kashinath and o..

Category: Property Law | Date: | Hits: 27

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....statement which was also accepted by the trial Court. It is pertinent to point out that to protect their right and actual physical possession and in order to avoid multiplicity of proceedings and for complete adjudication of the disputes they were impleaded as parties. In the case of Nurul Islam and......hers 53 DLR(AD) 45; Messrs City Ice and Cold Storage Ltd. Vs. Nitai Chand Saha and others 3 BCR (AD) 221. Lawyers Involved: Md. Iqbal Hossain, Advocate-For the petitioners. Tapan Kumar Chakrabarty, Advocate with S. M. Safiqul Islam, Advocate-For the opposite party nos. 2-3. Civil Revisio..

Category: Property Law | Date: | Hits: 27

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....ecided to the requisitioned to be followed by acquisition according to Government's order dated 8th March 1968. Later the lands were acquired afresh in L.A. Case No.104/1967-1968. The acquisition was complete and all the recorded owners received compensation money in L.A. Case No. 104 of 1967-1968 o...... and 364 measuring .36 acre and .15 acre respectively of Mouza Kawtali J.L No. 272. The lands were requisi­tioned in L.A. Case No.11/1958-1959 along with other lands. The Deputy Commissioner, Brahmanbaria on 25-09-1964 restored pos­session of the property to the writ petitioner and he has been enj..

Category: Property Law | Date: | Hits: 23

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....ars are demolished or lost due to any action of the tenants the cost of replace­ment of such boundary pillars may be real­ized from the tenants by the lessor." 9. It was stated, that there was a complete meeting of the mind on identification of the suit land (as described in paragraph 2(b) supr......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....he respondents No.1 and 2 had started construction of a house towards 3 ft. west of the appellant's house, and thereafter the Second Advocate Commissioner reported that the respondents had already completed the house and they had started a construction of a new one and they also dug up a ditch to......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..

Category: Property Law | Date: | Hits: 84

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... right should be denied which the appellate Court considers should be allowed within the framework of the suit. The Rule frees the Court from the tentacles of the procedural law and empowers it to do complete justice. Ends of law are justice and the paramount duty of the Court is to ensure and uphol...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..

Category: Family Law | Date: | Hits: 152

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

.... High Court. Foroze Khan Noon Vs. State (1958 PLD (SC) 333. In doing so it followed its earlier decision of Fazal Illahi Vs. The Crown (1953 PLD (FC) 35 where it was observed if for the sake of doing complete justice in a matter it becomes necessary for the Court to examine its own records for the p......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..

Category: Civil Law | Date: | Hits: 80

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....oring the said law as well as the report from the office of the Additional Deputy Commissioner (LA) i.e., Ext 41 that the accused applicants were not affected persons and within a short space of time completed the entire procedure in respect of the impugned allotments and that all the other accused ......s.10 and 17 and Sadeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Rajuk a proviso to clause 20 of the standard lease of Rajuk debarring transfer prior to construction of the rotted plot is added by the resolution: Provided furth..

Category: Property Law | Date: | Hits: 33

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

....he trial Court of fact, duly applied its judicial mind into the facts of the Case and the evidence on record. It is unfortunate that the learned Additional Sessions Judge adopted a novel procedure in complete disregard of the provisions of law regulating the disposal of a criminal appeal. 12.......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..

Category: Criminal Law | Date: | Hits: 60

Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)

....115 of the Code of Civil Procedure. 5. The entire body of procedural law is meant for advancement of the cause of justice and not to pose any technical difficulty in the way of the Court to do complete justice between the litigant parties for the administration of which alone it had been crea......Rule arising out of an application under section 115 of the Code of Civil Procedure is judgment and order dated January 31, 1991 recorded by the learned Additional District Judge, First Court, Brahmanbaria reversing an order dated November 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under t..

Category: Property Law | Date: | Hits: 28

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....he companies acceptance of the alternative proposal as mentioned in the letter dated 16-4-98 Annexure-J. The respondent No.3 wrote to BSRS on 12-5-98 and 21-6-98 to draw up necessary documents and to complete the legal formalities as soon as possible reply was received by the respondent No. 3. There......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198