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Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....e amendment of 1983 of the Code of Civil Procedure without any specification or discussion of the same which shows that he has passed the impugned order of rejection without proper application of his judicial mind and as such the same cannot be sustained in law and is liable to be set aside. Mr. ABM......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....shades of opinion regarding the maintainability of a revisional application before the High Court against the order passed by the Subordinate Court against which appeal lies. 10. A series of the judicial pronouncement support the view that if a decree or order in the nature of a decree under th...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
....and there is no reasons to pass such an order of detention which is mala fide, illegal and unlawful; that the reason for detention as stated in the impugned order does not come within the scope of prejudicial activities and there was no material before the Government to pass such an order of detenti......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
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Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....wn when and where this discretion can be exercised by the Court The discretion that shall have to be exercised by the Court will depend on the circumstances of each case but that discretion must be a judicial one". 36. In the case of Administrator of Wakfs Vs. Mst. Sahere Khatun, reported in 28 D......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....ews of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a represent......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....his 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......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....ied his mind to the said aspect of the pre‑emptor's case. The power of the Court under Order 6 rule 17 of the Code of Civil Procedure is, no doubt, discretionary but the same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....r and others on 3.7.87 at night. Police after investigation submitted final report on 31.10.87. The learned Magistrate by his order dated 14‑11‑87, rejected the Final Report and sent the case for judicial enquiry and after receipt of the report of the enquiry, the learned Magistrate took cogniza......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....e due process of justice after his abscondence and preferred any appeal against his conviction and sentence. In a reference for confirmation where the condemned prisoner is not engaged in setting the judicial order at naught, this Court, irrespective of whether the convict has submitted to the due p......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....l 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 principles of judicial procedure". 8. The case of Secretary of State Vs. Mask and Co. was in respect of the Sea....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
.... 1987 (SC) 386 vires of the (Indian) Administrative Tribunals Act, 1985 was challenged before the Supreme Court of India under Article 32 of the Constitution of India. It was argued in that case that judicial review is a fundamental aspect of the basic structure of the Constitution and that, therefo......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
.... Rules on natural justice must be read in the context of the statutory provision governing a particular case and that the requirement of natural justice vary with the varying consideration of quasi‑judicial authorities and the statutory provision under which they functioned. In the case of Md. Mot......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
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Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....r the accused. 25. From an examination of the records and the observation of the learned judge in rejecting those prayers it appears that the Court had not exercised its discretion arbitrarily but judicially for ends of justice and only because adjournments were not allowed cannot be a ground for......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... the statement before the Committing Court at a pre‑trial stage is no longer available because of his death. Section 33 of the Evidence Act runs as follows: "33. Evidence given by a witness in a judicial proceeding or before any person authorised by law to take it, is relevant for the purpose o......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....he work order and whether they have acted unreasonably, unfairly and unjustly in refusing so, to be directed by this court to do what they are required by law to do. 17. In these sorts of cases of judicial review of administrative action and virtually in most cases arising out of mandamus this co......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... he criticized the Judges of both the Divisions and submitted that the statements are serious type of Contempt of Court. According to him, a concerted attempt has been made to damage the image of the judicial institution as a whole by attacking the Judges, their faith and their impartiality, for whi......e where such restriction prevents the disclosure of unconstitutional practices and abuse of the Constitution, that the superior judiciary is no longer found to be independent in the exercise of its functions, that the law of Contempt of Court cannot be used to conceal unconstitutional practices ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
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