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Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....ed petitioner has been disclosed only by the informant, P.W.1 and there is no other witness to corroborate the allegation as made by the informant. He also submits that Courts below did not apply its judicial mind in convicting and sentencing the petitioner as nothing was recovered from the posses......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....on of decision rendered and conclusion reached by learned Subordinate Judge indicates that learned Subordinate Judge did not apply her mind in resolving controversy and there had been a total lack of judicial approach. No reason had been assigned except that the case had been laid within time prescr......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......tract entered into between the Government and a private individual writ jurisdiction cannot be invoked because the remedy lies in damages. Modern Government has multifarious activities. Some of its functions are governmental function while exercising sovereign power and again, some of the functi..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ...... allegations made in the affidavit‑in‑opposition. It is stated in the affidavit‑ in ‑reply that the increase of shares and allotment of the same amongst the share‑holders were the statutory functions of the Board of Directors and not that of the extraordinary general meeting. There was tot..Category: Company Law | Date: | Hits: 225
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....al gain not on the basis of his return. Mr. Delwar Hossain submits that in the facts and circumstances of the case his appeal will be equally efficacious and it will neither be inconvenient, nor prejudicial to him if he avails of the statutory remedies. 7. Mr. Asrarul Hossain the learned Advoca......ction 8 of the Income Tax Ordinance, 1984 to observe and follow such orders, directions or instructions as the National Board of Revenue may issue from time to time in the matter of discharging the functions under the said Ordinance. If he has obeyed the circular in question (Annexure-H), he h..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....am Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at complainant's said house by executing a 'Chuktipatra' (agreement) on a non-judicial stamp paper worth Tk.3/-. In terms of the agreement the accused undertook to perform the ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....der of detention was served on him on 25.3.92 detaining him for a period of 120 days. The said order contained the statements that it has become necessary to prevent the detenu from his activities prejudicial to the sovereignty of Bangladesh as well as to the maintenance of friendly relationship w......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....re any court or tribunal. Therefore the question of inconsistency of any of the provisions of the Regulations with the provision of section 25 of the Standing Orders Act with respect to the forum for judicial redress does not arise. On the other hand, Article 31 of the President’s Order No.26 of 1......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....not find that the impugned Gazette Notification suffers from any want of authority. It is perfectly within the authority vested under Regulation No.2(1) of the Regulations, 1829. It is now settled by judicial pronouncements of this Division and the Appellate Division that for inordinate delay a Writ......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..Category: Constitutional Law | Date: | Hits: 247
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....s now see what is meant by cognizance of an offence and what is meant by prosecution of an accused under the Code. 8. Cognizance means taking notice of an offence by a criminal Court initiating a judicial proceedings against the offender in respect of that offence or taking a steps to see whethe......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...Category: Criminal Law | Date: | Hits: 112
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....facie case has been made out, cannot be stifled. The learned Judge considered Article 52 vis‑a‑vis, 58 (2) of the constitution to conclude the advice rendered by the petitioner is not immune from judicial review. Thus, it is seen that the Judgment of the Division Bench is split one leading to tw......dian Constitution. Article 74 (1) is a follows: “74. (1) There shall be Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance such advice: Provided that the President may require the Council of ..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... cognizance has been taken under section 468 Penal Code and as such section 195(1)(c) CrPC has got no manner of application in this particular case. He further submits that Revenue Officer performing functions of mutation is not a court and in support of his contention he cited the case of Idris Ali..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....Judge, Noakhali under sections 435/439A Cr.P.C. 6. The historical background of the challenge is that in 1982 the Government made a policy decision to invest Executive Magistrate with sweeping judicial powers to try criminal cases, not just petty offences, but even offences not punishable wit......been appointed Additional Sessions Judges, competent not only to try cases barring those that entail a sentence of death, but also to hear and dispose of appeals, revisions, references and reviews, functions which were hitherto exercisable by Additional Sessions Judges. 9. This matter came to b..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....vert shortly. 5. It is a settled law that an amendment which changes the nature and character of the suit can not be allowed. The power of the Court under rule 17 is discretionary one and is to be judicially exercised on consideration of peculiar facts and circumstances of a given case and the Co......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......be called the Board of Land Administration. It shall consist of a Chairman and not more than two other members to be appointed by the Government. The Board shall exercise such powers and perform such functions as may be entrusted to it by the Government or under any law. The petitioners in Writ Peti..Category: Property Law | Date: | Hits: 129
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....vocates for the contemner in support of the affidavit of apology filed by their clients prayed for dropping the proceeding. 3. I have read the offending article written by Mr. Ashok K. Karmaker, a judicial officer of the Subordinate Judicial Service. We have also read the statements made in the a......sm was being levelled at an institution of such great importance as the High Court of the country." 8. The readers of this Article, specially the unskilled ones in law and ignorant of the judicial functions of the Judges of the Superior Court, will form an impression that Judges of this Court are..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....্নীতির অভিযোগ” in which false and concocted allegations were made against him to lower him to in the estimation of others and thus defamed him. 3. It appears that after judicial inquiry cognisance was taken against the petitioner and ultimately charge, was framed again......ading out the concerned report dated 22.2.91(Annexure‑A), submits that the same was published in good faith concerning a public servant respecting his conduct as appeared in discharge of his public functions and imputations made therein are true and made for public good and protection of public in..Category: Criminal Law | Date: | Hits: 125
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376....... indisciplined and disobedient employees, abstained from respective duties and compelled by force other innocent employees to refrain from their duties so the routine office works as well as academic functions of BPATC came to a standstill. Over and above by such illegal acts of the petitioner the r..
Category: Employment/Service Law | Date: | Hits: 160
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
..... Arumuughon AIR 1990 SC 1828 para 10 and 11, Govinda Rao Vs. Devi Sahay, AIR 1982 SC page 989 para 60 and 61. 29. Mr. Islam submits lastly that the learned Joint District Judge having applied his judicial mind to the facts and circumstances involved in the suit has correctly arrived at a decisio...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
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