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Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....dant Nos. 1 and 4 failed to discharge the onus of proving the deed of their gift dated 1-11-1978 and, as such, the gift was not proved and it observed that the appellate Court below did not apply its judicial mind on the facts and circumstances of the case and the evidence on record and passed the i......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....ociation and the prospectus that Directors have got discretion either to refuse or to accept the transfer of shares. It is true that the Directors have got discretion, but it must be a reasonable and judicial discretion. Such a discretion should not be an arbitrary one at any rate. In my view, the d......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Division." 27. It is, therefore, clear that complicated and intricate question of title of the parties to the suit pending before the Civil Court is involved and this question of title can only be judicially resolved by a competent Court after due and proper consideration of the facts and law inv......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....efendants in view of the shifting of the date of hearing of the suit. 13. Upon a careful reading of this impugned order, it appears that the learned Subordinate Judge without properly applying his judicial mind to the facts and circumstances of the case and relevant provisions of law, only by ref......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....oval. By empowering the respondents to remove any building or fill up any tank by using force under the newly substituted section 7 of the Act the legislature also vested the respondents with quasi‑judicial power under the newly inserted section 3B of the Act to adjudicate into any matter involvin...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....f 512 sqaure feet and the proposed amendment of the plaint should not be made as a matter of course. The learned Assistant Judge committed an illegality in allowing the amendment without applying his judicial mind to the effect of the proposed amendment or to the objection raised by the defendant pe......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....expressly conferring such power. Mr. Moksudur Rahman, secondly, contends that even if it is held that this Court under sub‑section (4) can pass an order staying realisation of tax but it has to act judicially. 5. Now, let us consider the contentions argued at the Bar. The case of Puran Mal Kaun...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to act of judicial extravagance which cannot be countenanced." 21. The Supreme Court of Pakistan in I he ca......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....oned in the sale deed Ext. 1 with the finding that the transfer was with agreement for reconveyancc. The Appellate Court below affirmed the finding of the Trial Court without applying his independent judicial mind. Finding of the both the courts are erroneous in view of the fact the registered sale ......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... it does not contain the reasoning of the Court for arriving at the finding that the suit is not maintainable in the present form. From the order it does not appear that the learned Court applied its judicial mind in deciding the question of maintainability of the suit. The next question arises whet......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ight to choose his forum but the Court should be very reluctant to interfere with his right unless the petitioner makes out a case for transfer and the application has been made bonafide. It has been judicially established in a number of cases that transfer of a case from one Court to another should......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....h and sent back the case to the trial Court on remand for fresh trial from the stage of his examination under section 342 of the Code of Criminal Procedure making observation to the effect that the judicial confession of the condemned-appellant Sohel and other incriminating evidence and circumstan......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
....) 303 US 41), including appeal to an administrative superior or administrative appellate authority. The ‘exhaustion rule' cannot be avoided on the ground of irreparable injury or expeditiousness of judicial remedy or remedy before the Administrative Tribunal set up under the Administrative Tribuna......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....at the plaintiff could prove only to the extent that there was a contract to enter into a final contract for sale of land. But no such final contract was ever made In between the parties. Moreover, a judicial notice may be taken to the facts that by virtue of the general notification in the year 196...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ave good and sufficient reason to bypass the alternative remedy provided by statute. Surely matters involving the revenue where statutory remedies are available are not such matters. We can also take judicial notice of the fact that the vast majority of the petitions under Article 226 of the Constit......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
.... with the greatest respect to doubt whether those provisions could apply to a statement taken on commission in the course of a trial which could scarcely be regarded as a statement made in an earlier judicial proceeding or at an earlier stage of the same judicial proceeding but the learned judge's d......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....nd him the same. On 27.6.83 the accused received the sum of Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repe......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....er had not been treated justly, fairly and equally with other tenderers and it has violated the equality clause as guaranteed by the Constitution and violated the principle of fairness in view of the judicial decision of various Courts including the Supreme Court of India and Courts of English juris......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ima facie case submitted charge‑sheet against the accused persons excluding these 3 accused appellants. The complainant being, aggrieved by that filed a Naraji petition and upon, such application a judicial inquiry was held by the Magistrate and thereupon a prima-facie case was found as against th......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....reported in 29 DLR (SC) 211 wherein it is held: "Section 134 of the Evidence Act provides that no particular number of witnesses in any case is required for the proof of any fact. The consensus of judicial opinion is that, if believed, conviction can be based on the solitary evidence of witness, ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
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