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Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....decree passed in the Partition Suit No.194 of 1984 were obtained collusively by suppressing summons and notices. The High Court Division rightly observed also that the Courts below without applying judicial mind set aside the hard-earned preliminary and final decree passed in Partition Suit No.194......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..Category: Property Law | Date: | Hits: 80
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....h who are liable to repay the loan on their own admission vide Exhibit 10 and lastly, (3) the trial Court has dismissed the suit illegally and without any specific finding and without applying his judicial mind and, as such, the impugned judgment and decree is liable to be set aside. 6. Mr. Kh......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
....the protection sought by Mr. Razzaque under sub-rule (2) of Rule 10 of the Rules cannot be obtained.
10. The learned Advocates of the respondents argued that this point has been set as rest by the judicial pronouncements in the case of Mvi Md. Khurshid Alam Vs. Secretary, Ministry, of Law and Jus......The said wards subsequently were renumbered as Ward Nos.17, 18, 19 and 20 of the Dhaka City Corporation. The petitioner, a permanent Nikah Registrar for the renumbered wards, has been discharging his functions as marriage registrar. He states that neither he attained the age of retirement nor his li..
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....failure was either intentional of deliberate on the part of the defendant-petitioners. The impugned order appears to have been passed in a carefree manner betraying a total lack of application of the judicial mind and the established judicial principles which emphasise that justice should not only b......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... the Act by an explicit provision of this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provision of an Act it cannot be given by judicial pronouncement. The law or any provision of a law is prospective. Therefore, the contention ...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...Category: Criminal Law | Date: | Hits: 83
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n the case of Bangladesh Vs. Israil and others reported in 1981 BLD (AD) 371 wherein it has been held that the Court to observe minimum legal requirements, judgment should show application of Court's judicial mind as to whether the plaintiff's witnesses and the papers produced proved the plaintiff's......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....vil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principle of judicial procedure". 17. In holding that the Court below had jurisdiction in the matter. Court b......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....ined the present Rule. 5. Mr. Marfat Ali, the learned Advocate for the petitioner, submits that the learned District Judge evidently erred in law in passing the impugned order without applying his judicial mind into the facts and circumstances of the case and the law bearing on the subject and th......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....cedure is that action under the former is mandatory whereas action under the latter is discretionary. It is needless to say that this discretion has to be exercised according to sound and established judicial principles and not fancifully. The cited decision does not help the petitioners in any way,......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......sidered the issue or not but it is always for them to take the decision on the particular issue, a Court of law shall never impose its own discretion over the concerned authorities and abdicate their functions. It is for them and for them alone to take the decision and not for a Court of law. An act..Category: Civil Law | Date: | Hits: 82
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
.... of the prosecution report submitted by the Assistant-Inspector of the Bureau of Anti-Corruption and that holding of trial of the person against whom prosecution report was submitted as seen from the judicial pronouncements is not an illegality but an irregularity and that for said irregularity tria......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..Category: Criminal Law | Date: | Hits: 75
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... the area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer-in-charge of a Police Station discharging the functions of such an officer within the limits of his station.” 9. From a reading of the provis..Category: Criminal Law | Date: | Hits: 62
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....: “He has no jurisdiction or authority under the Act itself to deal with the matter of contempt of court.” 8. We do not find anything in that decision that the Sessions Judge or any other judicial officer shall act merely as a post box to send each and every application to this court eve......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....tion 238 show that an offence under section 364 is not minor offence to the offence under section 302. The offence under section 364 is a distinct and specific offence which has been so recognised in judicial pronouncements too." In the same case it was further held: "The offence under secti......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....e unless it has been proved otherwise. The illustration (c) of section 114 of the Evidence Act provides that all acts are presumed to have been rightly and regularly done. This presumption applies to judicial as well as to official acts. Presumption under section 88 is another presumption in favour ......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....Limited Vs. Al-haj Md. Shafiuddin Howlader and another reported in 2000 BLD (AD) 162=52 DLR (AD) 176 it has been held that Artha Rin Adalat has been set up under the Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim of loan by the financial institution......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
..... In the aforesaid judgment their Lordships observed as follows: "The petitioner does not seek the release of the prisoner because a life sentence keeps him in confinement. But the dynamic role of judicial remedies, after Batra’s case (1979) 1 SCR 392; [1978 AIR (SC) 1675] imparts to the habeas......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....tion of Settlement Officer or not but this does not mean that the Director of Land Records has been vested with superior powers to sit over their orders or decisions and to annul the same. In a quasi judicial proceedings like the present one all that is competent to do is that he may exercise any of......der the under the administrative control of the Director of Bengal Survey Act of 1875; Rule 42 of the Tenancy Land Records and Surveys. East Pakistan, he may Rules reads as follows: discharge all the functions of a Revenue‑Officer under the said Chapter and shall have all the powers of a Settlemen..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......muneration, as a motive or reward for doing or forbearing to do any official act for showing or forbearing to show, favour or disfavour to any person by a public servant in the exercise of his public functions. It has also been held that conscious acceptance of any such gratification makes a public ..Category: Criminal Law | Date: | Hits: 90
....r to the Chairman of the Board to deal with any matter not covered by those rules. He further submits that the proceeding before the Board or the Discipline Committee or the Inquiry Committee was not judicial or quasi‑judicial in nature. These are purely administrative proceedings and the Code of ......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
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