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Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)

....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 80

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ...... was issued upon the Government to examine the powers and jurisdiction of the then Care-taker Government under Article 58D of the Constitution. There is, therefore, no scope to examine the powers and functions of the Care-taker Government. What is more, the Commission took the decision independently..

Category: Constitutional Law | Date: | Hits: 247

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

.... including the petitioners will be also put under inconvenience and disadvantage by curtailment of their existing rights. We find force in the contention. We hold on the strength of the authoritative judicial pronouncement in Mia Fazal Din that where a petitioner discloses that performance of an act......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331...

Category: Property Law | Date: | Hits: 58

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....e defence suggestion that Semona Khatan did not confess before the Matbars and members in his house and he denied the suggestion that as complainant he did not mention that Semona has confessed extra judicially. He also denied the defence suggestion that Babul and Badsha had quarreled with Nurul Huq......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..

Category: Criminal Law | Date: | Hits: 76

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....hem properly in respect of the charges levelled against them. 12. It is now to be seen whether the University acted as a domestic tribunal or whether such action as complained of can be said to be judicial acts or the same has been done in a quasi judicial manner. This question has been answered ...... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292...

Category: Others | Date: | Hits: 153

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....referred to the case of Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain reported in 29 DLR (SC) 185 paragraph 81, wherein it is observed as follows: "It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselve......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..

Category: Property Law | Date: | Hits: 90

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

..........Moreover, before recording a case under section 154 of the Code any activities undertaken by the Anti-Corruption Commissions to be considered an "administrative act which cannot be brought for "judicial scrutiny" under section 561A of the Code, inasmuch as the words "any Court" employed in sec......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......istrict, part of district, or local area and to take up fresh proceedings from such stage as he may direct. 16. Rule 44 empowers Director of Land Records and Surveys to discharge all the aforesaid functions of a Revenue Officer as empowered under the aforesaid Rules including Rules 40 to 42. 1..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

.... Courts of the country which are being supervised and controlled by the Supreme Court. The learned Advocates for the purchaser and BSRS have failed to lay their fingers on any provision of law or any judicial authority to show that barring clause restricting Court's jurisdiction in any Subordinate L......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

.... If the guilt or innocence of persons tried for criminal offences were made a mere matter of canvassing of such probabilities, the work of criminal Courts would no doubt be greatly simplified. The judicial duty is however to act in accordance with law, that is to say on evidence duly admitted and......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...

Category: Criminal Law | Date: | Hits: 111

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ...... 2001; that IPDC has the right to sell the shares in the market at any time and as such, purported to resolve the dispute between the parties arising out of the said agreement and in fact assured the functions of the arbitrator under Clause 13 of the share purchase agreement and the High Court Divis..

Category: Civil Law | Date: | Hits: 78

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

.... Nath (petitioner No. 1) and (4) Chandra Rani Saha, (petitioner No.2) for offences under sections 467/468/471/419/34 of the Penal Code. 4. During the investigation, co‑accused Shamsul Huq made a judicial confession before a Magistrate and the Hand‑Writing Expert opined that the impugned docum......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..

Category: Criminal Law | Date: | Hits: 83

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... "If the guilt or innocence of persons tried for criminal offences were made a mere matter of canvassing of such probabilities, the work of criminal Courts would no doubt be greatly simplified. The judicial duty is, however, to act in accordance with law, that is to say on evidence duty admitted a...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......tional shape. Article 48 of the Constitution provides for holding election of the President of Bangladesh according to law by direct election and the Election Com­ missioner has been vested with the functions of holding such election under Article 119 of the Constitution and other laws as may be pr..

Category: Constitutional Law | Date: | Hits: 229

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......e Constitution all citizens are equal before the law and have the right of equal protection under the law. The State is a person and Juristic person and as a modern welfare State it has more economic functions now a days than political. It no longer exists only to declare war or conclude treaties bu..

Category: Civil Law | Date: | Hits: 87

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....t and order of the learned Subordinate Judge and submits that the learned Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law namely O......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..

Category: Trust/Waqf Law | Date: | Hits: 181

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

.... did not refer to any settlement. In the observation of the lower appellate Court the word "settlement" was wrongly quoted. From the above, it appears that the lower appellate Court did not apply its judicial mind to the facts and circumstances of the case and the materials on record and arbitrarily......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..

Category: Property Law | Date: | Hits: 101

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

....s view of the matter, I find that the above decision cited by Mr. Manjur‑ur‑Rahim is not of any assistance for the present case. 14. Considering the facts and circumstances of the case and the judicial pronouncements as referred to above, I am of the view that the present suit by the plaintif......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548...

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...

Category: Procedural Law | Date: | Hits: 86