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Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Division." 27. It is, therefore, clear that complicated and intricate question of title of the parties to the suit pending before the Civil Court is involved and this question of title can only be judicially resolved by a competent Court after due and proper consideration of the facts and law inv..Category: Property Law | Date: | Hits: 63
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....efendants in view of the shifting of the date of hearing of the suit. 13. Upon a careful reading of this impugned order, it appears that the learned Subordinate Judge without properly applying his judicial mind to the facts and circumstances of the case and relevant provisions of law, only by ref..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....oval. By empowering the respondents to remove any building or fill up any tank by using force under the newly substituted section 7 of the Act the legislature also vested the respondents with quasi‑judicial power under the newly inserted section 3B of the Act to adjudicate into any matter involvin..Category: Property Law | Date: | Hits: 77
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....f 512 sqaure feet and the proposed amendment of the plaint should not be made as a matter of course. The learned Assistant Judge committed an illegality in allowing the amendment without applying his judicial mind to the effect of the proposed amendment or to the objection raised by the defendant pe..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....expressly conferring such power. Mr. Moksudur Rahman, secondly, contends that even if it is held that this Court under sub‑section (4) can pass an order staying realisation of tax but it has to act judicially. 5. Now, let us consider the contentions argued at the Bar. The case of Puran Mal Kaun..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to act of judicial extravagance which cannot be countenanced." 21. The Supreme Court of Pakistan in I he ca..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....oned in the sale deed Ext. 1 with the finding that the transfer was with agreement for reconveyancc. The Appellate Court below affirmed the finding of the Trial Court without applying his independent judicial mind. Finding of the both the courts are erroneous in view of the fact the registered sale ..Category: Property Law | Date: | Hits: 74
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... it does not contain the reasoning of the Court for arriving at the finding that the suit is not maintainable in the present form. From the order it does not appear that the learned Court applied its judicial mind in deciding the question of maintainability of the suit. The next question arises whet..Category: Procedural Law | Date: | Hits: 102
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ight to choose his forum but the Court should be very reluctant to interfere with his right unless the petitioner makes out a case for transfer and the application has been made bonafide. It has been judicially established in a number of cases that transfer of a case from one Court to another should..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....h and sent back the case to the trial Court on remand for fresh trial from the stage of his examination under section 342 of the Code of Criminal Procedure making observation to the effect that the judicial confession of the condemned-appellant Sohel and other incriminating evidence and circumstan..Category: Criminal Law | Date: | Hits: 84
Category: Employment/Service Law | Date: | Hits: 79
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....at the plaintiff could prove only to the extent that there was a contract to enter into a final contract for sale of land. But no such final contract was ever made In between the parties. Moreover, a judicial notice may be taken to the facts that by virtue of the general notification in the year 196..Category: Property Law | Date: | Hits: 70
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ave good and sufficient reason to bypass the alternative remedy provided by statute. Surely matters involving the revenue where statutory remedies are available are not such matters. We can also take judicial notice of the fact that the vast majority of the petitions under Article 226 of the Constit..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
.... with the greatest respect to doubt whether those provisions could apply to a statement taken on commission in the course of a trial which could scarcely be regarded as a statement made in an earlier judicial proceeding or at an earlier stage of the same judicial proceeding but the learned judge's d..Category: Procedural Law | Date: | Hits: 91
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....nd him the same. On 27.6.83 the accused received the sum of Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repe..Category: Criminal Law | Date: | Hits: 132
Category: Others | Date: | Hits: 128
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ima facie case submitted charge‑sheet against the accused persons excluding these 3 accused appellants. The complainant being, aggrieved by that filed a Naraji petition and upon, such application a judicial inquiry was held by the Magistrate and thereupon a prima-facie case was found as against th..Category: Criminal Law | Date: | Hits: 86
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....reported in 29 DLR (SC) 211 wherein it is held: "Section 134 of the Evidence Act provides that no particular number of witnesses in any case is required for the proof of any fact. The consensus of judicial opinion is that, if believed, conviction can be based on the solitary evidence of witness, ..Category: Criminal Law | Date: | Hits: 83
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....cers but private citizen is deprived of this privilege. Section 5 of Limitation Act gives a discretion to the Court in determining what is sufficient cause and that the discretion has to be exercised judicially and not arbitrarily. 11. The learned Deputy Attorney General urged on behalf of the ..Category: Procedural Law | Date: | Hits: 87
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....ouncements made in the different cases: 1) The order made by an educational authority while dealing with a charge of unfair means against a candidate is not an administrative order but a quasi‑judicial order. 2) The educational authority has to follow such procedure while determining the c..Category: Others | Date: | Hits: 122