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Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......op Insurance Corporation Vs. A .A. Merrill and N.D. Merrill, (332 US 380‑388) relied upon by the learned Additional Attorney‑General it was observed:
"Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurate..
Category: Property Law | Date: | Hits: 92
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... stay expired and thereafter no, stay order was passed and being thus informed the appellant proceeded with those rectification cases with bona fide and sincere intention of discharged his official functions, that the appellant had never any intention to nullify the Trade Mark Application No.1 of ..Category: Intellectual Property Law | Date: | Hits: 270
....ay their outstanding loan liabilities, but they willfully resorted to delaying tactics.
Mr. Chowdhury, the learned Advocate further submitted that the learned Judge of the Adalat duly applied his judicial mind and lawfully decreed the suit ex parte.
Mr. Chowdhury, the learned Advocate next su......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... trend of cross-examination the case of the defence in short, is that, they have been implicated in this case falsely. They were not in any way connected with the alleged murder and the alleged extra judicial and judicial confession of accused Ashraf Ali is not a true and voluntarily one, rather the...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....roceeding taken under Article 15 of PO 16 of 1972 relating to an application for the release of an abandoned house made before a prescribed authority being an administrative tribunal exercising quasi judicial functions, an aggrieved party is entitled to obtain a certified copy of the relevant papers...... taken under Article 15 of PO 16 of 1972 relating to an application for the release of an abandoned house made before a prescribed authority being an administrative tribunal exercising quasi judicial functions, an aggrieved party is entitled to obtain a certified copy of the relevant papers in the p..Category: Property Law | Date: | Hits: 65
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......ng trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been discharging the functions, duties and obligations as laid down in the deed. The original Zaminder of Baliad, Nanda L..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... court in accepting the prayer need not call for interference.” 15. We have already held that at the time of considering his first application the learned Trial Court totally failed to apply its judicial mind holding that the interest of the defendant No. 4 will be protected if he contests the ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....allowing the pre-emption. 23. For the reasons stated above, I am inclined to hold that both the Courts below seriously erred in law in passing the impugned judgments without properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ant law. Article 102 (2)(a)(ii) of the Constitution provides that the High Court Division, if satisfied that no other equally efficacious remedy is provided by law, can direct a person performing any functions in connection with the affairs of the Republic or of a local authority to do that which he..
Category: Property Law | Date: | Hits: 79
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... and the Government may, in turn, initiate criminal proceedings in appropriate circumstances by resorting to section 203 of the Act; the Registrar in certain matters only is required to perform quasi-judicial function but he exceeded his jurisdiction in entertaining the application of the appellant.......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....3) and the Province of East Pakistan Vs. Nur Ahmed (16 DLR SC 375) held that the principle of natural justice requiring a hearing to be granted to a person before being condemned, applies not only to judicial or quasi‑judicial proceedings but also to administrative proceeding, provided that the re...... the Constitution of the People's Republic of Bangladesh this court does not decide a lis between the parties but examine the exercises of Power by an administrative or executive authority performing functions in the affairs of the republic on the touchstone of the doctrine of ultra vires and also w..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....iff's right to, or enjoyment of property, the Court may grant a perpetual injunction in the six cases mentioned therein including the case where the injunction is necessary to prevent multiplicity of judicial proceedings. This shows that a decree for permanent injunction can be enforced for violatio......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 if the action complained of before the High Court Division is foun......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....other hand, he submitted that the appointment of the Chief Justice of any country should be based on merit. He pointed out that the position of Chief Justice is not simply to provide the service of a judicial officer, but also involves many other administrative functions for which expertise is neces......tice of any country should be based on merit. He pointed out that the position of Chief Justice is not simply to provide the service of a judicial officer, but also involves many other administrative functions for which expertise is necessary and those matters are required to be considered when appo..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ...... 14. The High Court Division without examining the relevant laws made the directions upon the petitioners to mutate the names of the respondents. The High Court Division, as it appears, seized the functions of the Revenue Officer for correcting the record-of-rights as if it were sitting on appeal..Category: Property Law | Date: | Hits: 68
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....cuted on behalf of the minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in t......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....he persons belonging to the defence services, local Government and civil executive services. The service conditions stipulated under Articles 133 and 135 of the Constitution do equally apply to the judicial officers as well as the civil executive officers. Therefore, civil executive officers are......a democracy such as ours, the Executive, the Legislature and the Judiciary constitute the three pillars of the State and by such a conception, it is intended to be conveyed that the three essential functions of the State are entrusted to the three organs of the State and each one of them in turn r..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... procedure as argued by Mr. Mahmudul Islam, and the best guide of a Court on such questions is its common sense and experience of human nature. Facts which are neither admitted nor are subject to judicial notice must be proved. The Evidence Act attaches more importance to the quantity than, to t......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....s as coupled with other circumstances and evidence on record collectively and concertedly gravitate towards revealing the truth in this case. The feasibility, indeed desirability, of such recourse to judicial deduction in such circumstances is amply attested to in the judgment in Siddique Munshi Vs....... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
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