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Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

.... correct evaluation of the facts and materials of the case. 30. On and overall consideration of the entire materials on record, I am of the view 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 erroneousl......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..

Category: Property Law | Date: | Hits: 117

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

....way of an application from, the prosecution which in the instant case was not there. Furthermore, it was highly improper and unbecoming on the part of the Sub-Divi­sional Magistrate to have passed a judicial order upon a communication sent by the Superintendent of Police to the Court Ins­pector, P......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..

Category: Criminal Law | Date: | Hits: 94

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

....ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ......he plaintiff being a lady instituted the suit for mandatory injunction compelling the defendants from paying her salary. The plaintiff being a teacher is entitled to get her salary so long the school functions. Similar issue was raised in the case Secretary, Ministry of Education Vs. Anowar Hossain ..

Category: Civil Law | Date: | Hits: 104

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ecision of our jurisdiction about application of sections 237, 238 and 239, of the Act. However, there are decisions of foreign jurisdiction where probate was granted without the original 'Will'. The judicial pronouncement in the similar line reported in AIR 1939 Calcutta 674 stands to show that a p......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..

Category: Property Law | Date: | Hits: 113

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....port of his contention that when an award is void, ab initio the aggrieved party need not file any objection whatsoever under section 33 of the Arbitration Act and the Court is competent to take into judicial notice suo motu the fact that the award itself is void ab initio and can set the same at no...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

....sheeted as co-accused along with him, how could accused Humayun be singled out as being a victim of enmity. 9. It is now well settled that according of consent is not a mechanical process but a judicial consent to be exercised judiciously with due care and caution after proper appli­cati....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..

Category: Criminal Law | Date: | Hits: 145

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....on of the Court and will not be done unless complete justice can be done by the party seeking it. Discretionary is not arbitrary or capricious but it must be regulated upon grounds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court wil......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....rred above, it was obser­ved that “the question whether sufficient cause for readmission of an appeal dismissed for default has been made out or cot is not one which can be decided with the aid of judicial decisions, except insofar as the decisions lay down any principle of universal application.......missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..

Category: Procedural Law | Date: | Hits: 143

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....inor defendant. Power of a mother for transfer of property belonged to her minor son without being appointed as guardian and without getting any permission from a Court of law has been decided by the judicial committee of the Privy Council in the case of Iman Bandi Vs. Mutsuddi, reported in 45 IA 73......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....search out the message but he did not get the trace of such message. 28. P.W.6 retired Assistant Inspector of police Shaker Kumar Chakraborty deposed that the Anti corruption department seized the judicial record of Akkalpur police station case No.2 dated 14.06.1991 from him while he was GRO of J......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..

Category: Criminal Law | Date: | Hits: 109

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....y unreasonable and perverse. It appears to me that the learned Sessions Judge Nilphamari started the case from wrong premises. 56. It further appears that the learned Court below did not apply its judicial mind to understand the intrinsic truth of this case and also to understand the defence vers......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..

Category: Criminal Law | Date: | Hits: 119

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527....... for indefinite period and a Rule Nisi was issued on 12.3.89; that in the said Writ Petition the petitioner annexed copies of some official documents in order to show that he had. been performing his functions dutifully and did not hush up the manipulation of bills; that though the said documents we..

Category: Employment/Service Law | Date: | Hits: 231

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....C 139. The principle laid down in Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan and others, (Supra) had been approved by our Supreme Court in the above quoted case. The dictum laid down by judicial verdict is that a co-sharer in possession of a property could not be said to be in unlawful......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....ty who has legal duty to perform and discharge his duties in a manner permitted by law so to do. These celebrated principles are universally accepted in the constitutional jurisprudence in matters of judicial review of administrative action or quasi judicial action/proceeding and, as such, there is ......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....wn in column 2 of the charge-sheet. 3. After submission of the charge-sheet the informant filed 2 petitions before the Sub-Divisional Magistrate, one in the nature of a naraji petition praying for judicial inquiry and the other for taking cognizance against the petitioner for an offence under sec......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..

Category: Criminal Law | Date: | Hits: 110

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......o show that the vice-chancellor is empowered to direct the registrar-in-charge to issue the order of suspension and show-cause notice to any officer serving under the University. 12. The power and functions of the Syndicate of the University has been described under Clause No.24 of the Jatiya Bis..

Category: Employment/Service Law | Date: | Hits: 165

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....ation as that of the present one, Court is to examine the evidence with more than ordinary care so that the shocking nature of the crime may not induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law. For gauging natural probabilities Court is to examine the ci...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

.... contrary line of cases had, on the other hand, ruled that The Code drew no distinction between an appeal from an acquittal and an appeal from a conviction and no such distinction could be imposed by judicial decision. Queen-Empress Vs. Prag Dat (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusa......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ublic and the same was exclusively adjudicable by the Administrative Tribunal. 14. For all these reasons we are of the view that the learned Judges of the High Court Division failed to apply their judicial mind and they have misdirected themselves in making the Rule absolute. In the result, we fi......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..

Category: Employment/Service Law | Date: | Hits: 149

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

.... "It is well‑settled that no one has any vested right in any procedural rule and that therefore any change in the procedural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of course this can be done without affect...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...

Category: Election Law | Date: | Hits: 301