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Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......port cognizance was taken fixing the date on 11-5-1993 for presence of the accused-petitioner and others but on 11-5-1993 this accused-petitioner filed an application before Senior Special Judge to review the Order of taking cognizance in the form of Naraje-Petition which was rejected with an obse..Category: Procedural Law | Date: | Hits: 59
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....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. ......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
....ny’ has wide range of limit which varies in different context and it can mean ‘some’or ‘all’. In this connection learned Counsel has referred the meaning of the word ‘any’ in Stroud’s Judicial Dictionary of Words and Phrases, Seventh Edition, Vol-I, page-141 as under;
“Any” ...... lands in Sub- Flood Flow Zone is not barred; that only permission that will be required if the structures are built on land raised above the flood water level; that MMT is entitled to apply for plan review application as contained in paragraph 2.5.3 of the Interim Planning Rules; that MMT is an una..
Category: Environmental Law | Date: | Hits: 434
....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.
......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.
..
Category: Civil Law | Date: | Hits: 74
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....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. ......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)
....zid and Aminuddin. Without examination of Mokabila witnesses in regard to service of summons it could not be said that summons had been duly served. In rendering decision reliance had been put upon a Judicial decision in Upendra Chandra Rishi and others Vs. Sufia Begum, 42 DLR (AD) 285. iv. Summo......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)
.... the Hon’ble Chief Justice and other Judges of both the Divisions of the Supreme Courts hould be paid in following orders; A. The Chief Justice:- a) Monthly Remuneration Tk. 1, 00,000/= b) Judicial Allowance Tk. 25,000/= P.M c) Sumptuary Allowance Tk. 25, 000/= P.M d) Domestic Aid A......he legislative project. It realise the Judicial role bringing the gap between law and life.” (Page 1, 4, 5). 23. As the Indian Supreme Court stressed, it is the constitutional device of Judicial review by which, the Superior Courts keep Rule of Law afloat, elaborating, “Since the state or the..Category: Constitutional Law | Date: | Hits: 413
....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:
......vour 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. Goutam K..
Category: Property Law | Date: | Hits: 65
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......our of Kofiluddin was impliedly upheld by this Court and therefore, this Court cannot decide its legality again in another writ petition. The petitioners, however, could have filed an application for review of the judgment and order in that writ petition on discloser of new facts and documents. 1..Category: Property Law | Date: | Hits: 82
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....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. ......ty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction. In the instant case under review there is no legal evidence to record the verdict of guilt against the accused appellant. In s..Category: Criminal Law | Date: | Hits: 76
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ...... 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 and others..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....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. ......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)
....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. ......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)
..... 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. ....... 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)
.... 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. ...... 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)
....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. ......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
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......session thereof. No suit under this section shall be brought against the Government. No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed." 13. Thus a close reading of the said provision of..Category: Civil Law | Date: | Hits: 114
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....e finality of dispute between parties being a principle of prudence so as to give efficacy to a finding of Court rather than permit the parties go to trial more or less on the same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future t......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)
.... petition underArticle 226, the High Court has jurisdiction to try issues both offacts and law. Exercise of the Jurisdiction is, it is true,discretionary, but the discretion must be exercised on soundJudicial principles. When the petition raises questions of fact ofcomplex nature, which may, for the...... should be directed todisclose, through affidavits, whatever information they arepossessed of. 77. Before that, however, we asked ourselves about thepermissibility of taking evidence in a judicial review matter and,on perusal of some authorities and instruments came up withthe following finding;..Category: Criminal Law | Date: | Hits: 154
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....………Convict-appellants Vs. The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a propo......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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