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State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....him. As Sayeed resultantly fell to the ground Tutul is said to have slit his throat and Ripon cut his tenÂdons with both these injuries proving to be immediÂately fatal. 6. According to Moksed's judicial confession, the group, thereafter, hatched a further plan to do away with Badshah as well a......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....eat what Lord Lorebum LC said in the case of Vickers, sons of Maxim Ltd. Vs. Evans 1910 AC 444: My Lords, this appeal may serve to remind us of a truth sometimes forgotten, that this House sitting judicially does not sit for the purpose of hearing appeals against Acts of Parliament or of providin......B) was issued under the signature of the Joint Secretary, Ministry of Local Government, Rural Development and Co-operative, Local Government Division, the respondent No.2. It specified the duties and functions of the Commissioners, allowing certain functions only to those elected in the general seat..Category: Constitutional Law | Date: | Hits: 443
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....matter we have come across 3(three) terms‑ "State language," "official language" and "court language". State language means the language to be used in all state activities‑executive, legislative, judicial, etc. Official language means the language to be used for the purpose of the business of th...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....urt of appeal below that it is not denied that the plaintiff left Bangladesh for the purpose of Haj pilgrimage and that there is also nothing on record to show that he participated in any activity prejudicial to the interest of Bangladesh or against the liberation war while remaining outside Banglad......coverage by declaratory law i.e. whatever might have been the position under the Martial Law but when it is lifted and the Constitution comes into force it is the Constitution which will regulate all functions and activities of the Government and its functionaries and that Martial Law Orders and Reg..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....r negligence against a barrister would invevitably involve the re‑trial of the original proceeding or because the Barrister shares in general immunity which as given to all those taking part in the judicial process. But the law Lords in Saif Ali Vs. Mitchell and Co. (1980) AC 198, cut down the ext...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....mned prisoners Rokeya Begum, Shahidul Islam and Md. Kamal submits that there is no eye witness of the occurrence in this case and that the conviction of the condemned prisoners is solely based on the judicial confessional statements made by condemned prisoners Nazma Sarker @ Beauty and Rokeya Begum ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....cided by the Election Tribunal after taking evidence. It was further held: "The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively.......lection Commissioner and such number of other Commissioners, if any, as the President may from time to time direct, is constituted and under Article 119 (2) the Election Commission shall perform such functions, in addition to the functions mentioned in Sub‑Article (1), as may be prescribed by the ..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....parliamentary election. The grounds are totally non‑existent as the detenu is no more in power and there was no ground to detain the detenu as the reasons shown do not come within the purview of prejudicial acts and the detention for public safety and public order is unfounded and unlawful and the......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....Dabiruddin Shaikh, his successor‑in‑office Mr. Md. Abdur Rashid Miah by order No.24 dated 17.9.89 set aside the order acquitting the accused petitioner and fixed the case for fresh trial. 5. A judicial officer of the rank of a Court Subordinate Judge exercising power of Sessions acted in such......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..Category: Criminal Law | Date: | Hits: 73
Category: Criminal Law | Date: | Hits: 124
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... case of no evidence so far as the condemned prisoners Siraj and Rajib are concerned and that they have been implicated in this case only because the confessing accused mentioned their names in their judicial confessions. Mr. Hossain further submits that no neighboring witness has been examined in t......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....s come before this Court and obtained the present Rule. 8. Mr. Mohammad Nazrul Islam, the learned Advocate appearing for the petitioner submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case mechanically remanded the suit after setti......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....ssession of the plaintiff from the suit land are turtord and cannot be relied upon. 12. Considering the facts and circumstances of the case, I am of the view that the trial Court did not apply its judicial mind in dealing with the matter and passed the Judgment on the basis of mere surmises and c......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....he cases of Monsur Ali Vs. State 55 DLR (AD) 131, Khalilur Rahman Vs. State 33 DLR 12 and Abdul Baset Chowdhury Vs. State 13 BLC 713. 10. In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that since 9-8-...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case und......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....vidence as there is doubt regarding the genuineness of the oral agreement as because in numerous decisions this Court as well as of our Apex Court came to a conclusion that the Court should apply its judicial mind very cautiously while dealing with an oral agreement. Apart from that it appears that ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....ting his right to franchise, which, in our conÂcerned view, involves national interest. As such, in the given facts and circumstances the petitioner has locus standi to press the issue before us for judicial review. 35. Vote is a sacred trust of the nation and the correct use of ballot is a nati......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....the rule liberally for complete and effectual adjudication of the matters in issue. The question of addition of a party under rule 10(2) of Order 1 of the Code of Civil Procedure is, no doubt, one of judicial discretion but such discretion has to be exercised according to sound judicial principles k......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....e of a Judge of Appellate Division has been challenged in the writ petition calling upon a decision from the Judges of the High Court Division of the Supreme Court for the first time in the legal and judicial history of Bangladesh. Mr. Amirul Islam, the learned Counsel, very humbly submitted that th...... provided. In unequivocal terms Article 94 (4) provides that subject to the provision of the Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions. The appointments, the qualification for being appointed as Judges and the tenure of offic..Category: Constitutional Law | Date: | Hits: 353