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Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....lur Rahman joined as President of the Taxes Appellate Tribunal Dhaka on 25-10-94 and it has been alleged that due to the delay in joining of the respondent No.1 the Ministry appointed a member of the judicial department on temporary basis to act as the President of the said Tribunal. The respondent ..Category: Employment/Service Law | Date: | Hits: 71
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....e 1(2) of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that this sort of order evidently betrays a total lack of application of the judicial mind in determining the rights of the litigants before the Court and, as such, the same can..Category: Property Law | Date: | Hits: 88
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... the informant-petitioner which are: (i) The learned Additional Sessions Judge committed gross illegality in acquitting the accused-opposite parties in completely ignoring the Exhibit-2, the extra-judicial confessional statement corroborated by PW 7, the Chairman of the concerned Union Parishad a..Category: Criminal Law | Date: | Hits: 42
State Vs. Babul Miah, 2010, 39 CLC (AD)
....nce was awarded on the other count. The learned Judges of the High Court Division rejected the death reference and acquitted the respondent of the charges. 2. Prosecution case rests upon the extra judicial confession said to have been proved by Noor Mohammad (P.W.3), Bachchu Mia(P.W.4), Kamal Hos..Category: Criminal Law | Date: | Hits: 58
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....ing a judgment on contest after hearing the parties included the ground that the impugned Judgment was bad in law and certain documents were illegally admitted and both the Courts below did not apply judicial mind to the statutory mandatory provision of law and furthermore, the judgment of both the ..Category: Property Law | Date: | Hits: 59
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses 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: 40
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....has held that it is a jurisdiction inherent in a Court of Record from the very nature of the Court itself. This is important when we come to construe the later legislation because by this time it was judicially accepted throughout India that the jurisdiction was a special one inherent in the very na..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....edure. Their Lordships of the Appellate Division on consideration of the facts of the reported case held “Accordingly, we hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave under rule 18 of the said Order. Further, if a rigid and ..Category: Civil Law | Date: | Hits: 90
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....d Advocate for the appellant, submits that the impugned order is illegal, unjust and, as such, the same is liable to be set aside. He further submits that the learned trial Court did not exercise its judicial mind and that the learned Magistrate was not authorised to pass such order of acquittal, si..Category: Criminal Law | Date: | Hits: 63
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....made for the benefit of a plaintiff by a defendant in his own name who was already acting as the agent of the plaintiff. The capacity which the defendant filed prior to the purchase, cannot enter the judicial verdict. The only test is whether the Court auction purchase was made on behalf of the plai..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....quirement namely, consideration, it is now beyond qualm that the theory that the Issuing Bank is contract bound to honour its promise, despite absence of consideration from the promisee, has received judicial recognition universally. 18. Autonomy of the “paying bank beneficiary” contract from..Category: Civil Law | Date: | Hits: 164
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....Law on Partition’ published by DLR arrived at such a finding, but I have myself gone through the relevant decisions and it appears that the view taken by the trial Court is absolutely correct. The judicial view is that the expression ‘dwelling house belonging to an undivided family’, in fact,..Category: Administrative Law | Date: | Hits: 210
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....ction (2), it is clearly mentioned that any District Magistrate or any Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f)(iii)‑(viii) it is necessary so to do, make an orde..Category: Constitutional Law | Date: | Hits: 161
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....on as referred to, observed that the prosecution in the instant case has miserably failed to prove the charge against the petitioners beyond any reasonable doubt. The trial Court without applying its judicial mind and without considering the evidence and the provision of law most illegally and in an..Category: Criminal Law | Date: | Hits: 46
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....te relief to the defendants before giving an opportunity to the plaintiffs to put their case; that the defendants suppressed the whole material facts and the High Court Division failed to apply its judicial mind in assessing the materials on record and the provision of law applicable thereto; that..Category: Property Law | Date: | Hits: 47
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....just after knowing about the impugned transfer claimed the suit land in performing Taleb-i-mowasibat on 01.7.87 and Talab-i-ishat on 7.7.87 but the Court of appeal below abruptly without applying its judicial mind to the materials on record arrived at a finding that the plaintiff could not or did no..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....half of the plaintiff-appellant-petitioner submits that both the courts below were absolutely wrong and erroneous in dismissing the case of the plaintiff. Both the Courts below without applying their judicial mind and without proper assessment of the evidence on record came to a wrong and erroneous ..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ent and other connected papers. From a reading of the Judgment we find that the Waqfs Administrator has written a very elaborate judgment, discussed the evidence and assessed the same by applying his judicial mind he has found that the petitioner is guilty of the offence under the provision of secti..Category: Trust/Waqf Law | Date: | Hits: 180