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....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....vis-a-vis the above quoted decision of our Apex Court, I am inclined to hold that the learned Joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....strate can entertain only a petition by the aggrieved party and dispose of the matter in a summary manner and such a proceeding defore a Magistrate can rightly be termed as a quasi criminal and quasi judicial proceeding. On the other hand, section 5 of the Ordinance of 1985 empowers the Family Court...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....n 1900 AC 588 (PC) which concerned extraction of ores from the soil of New South Wales and was put in a merchantable condition and then sent to the colony of Victoria for sale, their Lordships of the judicial committee of the Privy Council held that there are four processes in the earning or product......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....st item of the Ninth clause of Section 21, as has been rightly observed by the learned Judges of the High Court, has been accepted, as the correct exposition of the said provision of law by the later judicial authorities which, on applying the said dictum to the facts of particular cases, have tried......tion was turned down by the High Court Division which was of the view that the contractor Muraduzzaman under clause (9), (13) and (14) of the Agreement entered into an agreement to discharge public functions in a particular way, and for that purpose he was remunerated by commission. Following the ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....and without giving and opportunity of being heard to the contesting defendants, at whose instance the impugned order was made by the learned Subordinate Judge. This is against the fundamental rule of judicial procedure and contrary to the normal practice as has developed in superior Courts in conf...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
....CWN 1; Raja Kumar Thankur Vs. Mogblal Pandey, LR 44 IA 246; ILR 45 Cal 87; 22 CWN 201 and also Raghu Nath Roy Marwari Vs. Raja Durga Prasad Singh LR 46 IA 158; 23 CWN 914. The view expressed in these judicial authorities as to the characteristics of a lease is in conformity to the definition of the ......already existing Municipal bodies, which now co-existed with the, said basic democratic committees after the said order has come into force. According to Article 31 such Committees had to perform functions relating to national reconstruction, social uplift etc. In addition to those which were ..
Category: Property Law | Date: | Hits: 114
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......রে এই বিধান প্রযোজ্য হইবে না। 12. It is quiet clear that although the Lecturers /Teachers of the College and University may be performing the same functions, the nature and character of the University is entirely different from that of the erstwhi..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....s available in the paper books and submits that the condemned prisoner is quite innocent and he has been falsely implicated in this case out of previous enmity; that the trial Court did not apply his judicial mind in analysing the deposition of PWs and their cross examination; that the prosecution h......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......d suffered anything for any act of defendants during subsistence of his period of lease the only remedy for him was to ask for compensation. He cannot prevent a public authority from carrying out its functions under law by taking out an injunction from the Court. Therefore, I failed to discover any ..
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....themselves did not admit the deed allegedly executed in favour of their father. The trial Court without considering the above mentioned evidence and vital aspects of the case and without applying its judicial mind gave its finding about the transfer of 2.45 acres of land from CS Plot No.1356 to Yasi...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
....ring, the members of the Tribunal must hold proper deliberations amongst themselves covering all the issues of the proceeding before making and signing the Award. This is not an idle formality, but a judicial requirement designed to ensure that the matter is heard and deliberated by each and every m......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....ed his order of conviction on mere surmises and conjectures rather than on actual evidence on record and the appellate Court below also sat over the judgment of the trial Court without applying his judicial mind independently in upholding the order of conviction and sentence which has occasioned a......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... itself into a Court of Appeal under section 30 of the Special Powers Act. It will confine itself to the jurisdictional issues that are usually associated with judgment of inferior Tribunal and quasi-judicial bodies. 16. It appears that the High Court Division rejected the writ petition in limine......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
....of the Special Powers Act which provides that if the District Magistrate or Additional District Magistrate is satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f)(iii), (iv), (v), (vi), (vii) or (viii), it is necess......tion for arrest to the Executive and Constitution empowers the High Court Division to satisfy itself as to whether the detention is under lawful authority. High Court Division in the discharge of its functions of judicial review will call upon the authority to disclose materials on which the authori..
Category: Criminal Law | Date: | Hits: 76
....rised Officer upon allowing the appeal which was earlier dismissed by the appellate authority on 23-3-1991 is not sustainable in law.
10. The Court, the tribunal or the body performing function of judicial or quasi-judicial nature is not vested with inherent or implied power of review or revision......g function(s) of judicial or quasi-judicial nature by the statute under which the said body acts or discharges function(s) of judicial kind or nature. The Court, the Tribunal and the body discharging functions(s) of judicial or quasi-judicial nature shall have to have sanction of law in the exercise..
Category: Property Law | Date: | Hits: 103
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
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