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....ment must know about its earlier notification and, therefore, the effect of the later notification is to strike out the earlier one. He submits that the order of eviction is an affront to the pending judicial proceeding and it is an attempt to pre-empt the judgment in the title suit pending before t...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
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Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......ember of Parliament hence, the provisions as contained in the PO 155 of 1972 shall come into play and the Ordinance No. 16 of 2008 has no manner of application in the present case save and except the functions of the Mayor of City Corporation as provided under section 41 of the said Ordinance in ord..Category: Constitutional Law | Date: | Hits: 466
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....screpancy coming out from the mouths of prosecution witnesses and to separate truth from falsehood and grain from chaff. The proof of charge which has to be beyond any speck of doubt must depend upon judicial evaluation of the totality of evidences, oral and circumstantial and not by an isolated scr......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....another Vs. Mashiur Rahman and others reported in 50 DLR (AD) 205 where their lordships observed in paragraph no. "18. It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any Court of law whenever it......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
.... section 200 of the Code of Criminal Procedure. But before taking cognisance the learned Special Judge vide order dated 24‑8‑92 sent the matter to the Additional District Magistrate, Bagerhat for judicial enquiry and report. Thereafter, the Additional District Magistrate, Bagerhat enquired into ......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
.... Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the High Court Division exercises......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....um sentence of imprisonment for life upon him. As a consequence of such pronouncement, a young man, aged about 25 years, has remained incarcerated for almost seven and half calendar years. 67. A judicial officer, and that too of the rank of an Additional Sessions Judge, is required to evaluat......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
....is discharged.
Principle of natural justice
The principles of natural justice that no person be condemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person hold......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
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Category: Administrative Law | Date: | Hits: 299
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of a bias in a judge, but is a question as to whether the litigant may have reasonable apprehension about a fair trial. The test is whether a man of ordinary prudence may have an apprehension about a judicial officer's ability to maintain a standard of even-handed justice in regard to a particular c......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
.... 24. Under sub-section (46) of section 2, a 'person' includes an individual, a firm and an association of persons, a Hindu undivided family, a local authority, a company and every other artificial judicial person. 25. From the above definition of "Assessed" and "Person" what is clear is that a......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....o the words used in the statute, for the Legislature is deemed not to waste its words or to say anything in vain. 56. There thus is a broad division of functions such as executive, legislative and judicial in our Constitution. The Legislature lays down the broad policy and has the power of purse.......if the vehicle is to be transferred before the expiry of the said period; Paragraph (ঙ) requires a certificate to be obtained to the effect that the MP requires such vehicle for discharge of the functions relating to his membership in the Parliament in order to obtain such facility of exemption..Category: Fiscal/Taxation Law | Date: | Hits: 246
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....ich must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutin......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....e Courts below are liable to be set aside on this sole point. 22. The learned Attorney General Mr. Mahbubey Alam finally argued that the instant case is a burning example of non-application of the judicial mind by the Courts below and upon apparent wrong assessment of the evidence on record the C......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... (Khas) of the Land Reforms Board Ordinance, 1989 (Ordinance No. 1 of 1989). The Ordinance was replaced by the Land Reforms Board Act, 1989 (Act No. XXIII of 1989). By such order execution of certain functions vested in the Land Administration Board subject to supervision and control of the Governme..
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....ject to remedies such as certiorari and mandamus (Wade and Forsyth's Administrative Law. 9th edition, page 547)" So, the finality clause in a statute governing domestic body or tribunal is subject to judicial review particularly when the principle of natural justice and fairness is in issue. In Re D...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... as well as particular provisions of law were referred to District Judge it was his obligation to go through and give his opinion about their applicability or otherwise in the case. This is a kind of judicial act which cannot but be strongly disapproved……………(15) There is no reason to gi......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....land he should establish his civil right thereof through a civil Court. The learned Court below by framing charge in the instant case against the accused petitioners under section 420 failed to apply judicial mind that such offence requires dishonest inducement by a person in order to deceive in del......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
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