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Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....urt High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposi......Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title an..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp......essions Case No. 1238 of 2007 arising out of CR 289 of 2006 under section 138 of the Negotiable Instruments Act, 1881, should not be set aside or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case w..Category: Procedural Law | Date: | Hits: 128
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......urisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured by section 87 of the Registration Act, 1908…………………………..(7) Where no part of property to which document relates is situated within the jurisdiction of a Sub-Registrar, the Sub-R..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on ......man does not escape. Both are public duties. Law therefore, cannot afford any favor other than the truth and only truth……………………………..(27) In a criminal case, framing of charge properly is very important. It is the function of the conducting lawyer like the Public Prosecutor t..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....s Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......ry public authority" should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seems tit and proper. 3. Facts, in brief, are that the petitioner in Writ Petition No.9124 of 2008 is an electe..Category: Constitutional Law | Date: | Hits: 466
....n: 30 BLD (HCD) (2010) 341.
......
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a legislation of which other provisions of the..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....igh Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is ......ondents should not be directed to register the petitioner as a voter and include his name in the said Electoral Rolls or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the petitioner is a citizen of Banglades..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with......or Mr. Justice Abdur Rahman Chowdhury and, in such circumstances, the award under challenge cannot be sustained in law. Mr. Bhuiyan also submits that the learned Subordinate Judge erred in law in not properly discussing the material evidence on record, particularly the evidence of D.Ws. 2, 3. and 4 ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....Procedure, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ......te the offence of 'cheating' are as follows: "(i) There should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so deceive should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di......tion but that section clearly makes the holding of a licence subject to restriction and conditions prescribed under the provisions of the Act and the rules made thereunder. It has been held that on a proper interpretation of section 5 the expressions “subject to” only means that the exemption un..Category: Family Law | Date: | Hits: 209
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i...... of the petitioner ultimately sanctioned cash credit limit from Taka 20, 00,000 to Taka 35, 00,000 vide letter dated 16-5-1990. Although the petitioner took the above credit facilities but it did not properly utilize the said money and stopped the production of the project with malafide intention be..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......scellaneous Case No.16 of 2002 by the learned Joint District Judge 1st Court, Gazipur should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper." 2. Facts relevant for disposal of the Rule are that the plaintiffs instituted partition ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re......cuted for allegedly committing offences under sections 161 and165A of the Penal Code which are triable by the Special Judge as offences under the Criminal Law Amendment Act. 11. For the purpose of proper appreciation as to whether previous sanction of the Government is necessary in the present ca..Category: Criminal Law | Date: | Hits: 130
.... also Reported in: 50 DLR (HCD) (1998) 567.
......withheld subsequent to publication of the result. The copy of resolution annexed hereto as Annexure‑C. The teachers council stated in their resolution that the said examination was held in fair and proper manner and no illegality or irreg6larity or any unfair means were adopted. The council f..
Category: Constitutional Law | Date: | Hits: 300
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ......l findings. The Board also failed to consider whether the vendor had more than 2 acres of land at the time of sale of the land in question. Last ground taken is that the judgment and order is neither proper nor in accordance with the law and, as such, is of no legal effect. On reference to this stat..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....h Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. R......d to Horekrishna Nath and Ramkrishna Nath in equal share; that the same were recorded in their names correctly in CS operation; that the said maleks entered into amicable partition of their aforesaid properties after CS operation and in consequence thereof the Ka schedule land measuring 1.721/2 de..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s...... seizure list was prepared two days after the occurrence, but the seized articles were not recovered from the appellant. He denied the defence suggestion that he did not carry out the investigation properly and further denied that since the informant was a foreigner, a false charge sheet was filed..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....also Reported in: 64 DLR (HCD) (2012) 406. ...... an order dated 27-2-2011 discharged the said rule. It has further been stated that since the instant petitions have been filed in connection with the service matter. Administrative Tribunal is the proper forum to ventilate the grievance of the petitioners. In such view of the matter this rule s..Category: Employment/Service Law | Date: | Hits: 148
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....dadul Hoque J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite parties Judgment June 24, 2009. Result: ......rt Division under Section 115 of the Code of Civil Procedure except where there is no misreading and misappreciation of the evidence on record………………………….(11) Law on vested property Before enlisting the property as vested property the Government should take over the pos..Category: Property Law | Date: | Hits: 96
.... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th......…………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that they could properly be described as unreasonable…………………………(31)
Word and phrase ..
Category: Administrative Law | Date: | Hits: 299
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