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.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......space and recreational facilities within the metropolis for the sake of the health and well-being of the citizens living there However, that matter is not before us and we would not wish to usurp the functions of the Authorised Officer.
33. Before we part, we must acknowledge with much appreciati..
Category: Environmental Law | Date: | Hits: 484
Solaman Vs. State, 2005, 34 CLC (HCD)
....t the trial of the accused-petitioner was held in contravention of the provisions of section 6 of the Children Act. In the instant case the Magistrate as well as the trial Court failed to apply their judicial mind as to the determination of the age of the accused-petitioner Solaman who appears to be....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....t is further stated that in case of in absentia trial the limitation shall run from the date of knowledge of the judgment and not from the date of judgment and in the instant case it appears from the judicial record that the petitioner learnt about the judgment on 24-10-2004 and the appeal was filed......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405......., wires, brackets, stays, apparatus and appliances for the transmission and distribution of electricity as well as for telegraphic, telephone, carrier and radio communication necessary for the proper functions under this Ordinance and, as such, no illegality has been committed by the respondents in ..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....cial Committee, "the taking of possession of the subject matter of the gift by the donee, either actually or constructively", is necessary to complete a gift." In this regard, and in keeping with judicial precedents and section 150 of the Mahomedan Law, the lower appellate Court found that the r......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......ttorney-General appearing for the respondent No. 1, submits that under Rule 44 of the Tenancy Rules, 1955 the Director of Land Records and Surveys has been vested with the powers to discharge all the functions of a Revenue Officer under Chapter XVII of the SAT Act and shall have all the powers of a ..Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....ode of Criminal Procedure, we are convinced that he lacks basic elementary knowledge of criminal law. The mode in which he adjudicated the case appears to us a judgment delivered by a novice criminal judicial officer. He fails to pick up the basic concept as to the particulars that should be stated ......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
.... voluntary as well as true. 76. The cases cited above fit in with the confessions made by the two appellants Md. Mushfiq Uddin Togar and Mokbul Hossain alias Mukul. 77. Therefore, a confession, judicial or extrajudicial, whether retracted or not, can in law validly form the sole basis of convi......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... guilt and PW 9 Begum Maksuda Khatun being Magistrate, 1st Class recorded his confessional statement under section 164 of the Code of Criminal Procedure which has been proved to be voluntary and true judicial confessional statement of the accused. The Magistrate herself gave testimony in this respec...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....ssain also drew our attention to article 6 of the Paris Convention in support of his contentions and further submitted that although Paris Convention has no force of law, yet Court can very much take judicial notice of the terms of the said convention in order to see as to whether an internationally......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
....
"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......d reelected in the year, 1988 but since then there has been no election for Collective Bargaining Agent (CBA). Thereafter, due to various disputes the petitioner's Trade Union has been performing the functions of the Collective Bargaining Agent, (CBA) in the respondent No.1’s establishment under s..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
.... of statutory law by the judges has to continue because law is, indeed, a historical growth, for it is an expression of morality which develops silently and unconsciously from one age to another. The judicial restraint or restraining power of the judiciary does not always come in to play, rather in ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....uments at the time of filing of the written statement has been shown by the defendant opposite parties in this case. 25. We hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave and thus, we have no hesitation in holding that in an app......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306...Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....n of Mr. Sk. Md. Morshed, the learned Advocate for the defendant-opposite party-applicant. The decision reported in 1971 SCMR 123, cited by him as mentioned above clearly laid down that "the trend of judicial opinion is now to the effect that if a decree or an order, which is in the nature of a decr......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....ion of complaint over the incident as to murder of his son Rezaul to the Cognizance Court Jenaidah; upon receipt of the petition of complaint by Cognizance Court Jenaidah, the matter was referred for judicial enquiry by one Magistrate who held enquiry on taking evidence from the complainant and his ......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
.... was prevented by sufficient cause from attending the Court. 24. The court has a very wide discretion in ascertaining sufficient cause but such discretion however, must be exercised reasonably and judicially and not arbitrarily or capriciously. 25. In the instant case, it is to be decided as t......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
.... from the present case, as such, cited cases are of no assistance of the petitioner. 38. In the facts of the case we have no hesitation to form opinion that the appellate Court rightly applied his judicial mind and passed the impugned judgment and decree dated 6-2-200 in Family Appeal No. 37 of 2......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....ernment and it is the responsibility of both of them to comply with the orders passed by this Hon'ble Court. Article 112 of the Constitution of Bangladesh provides that all authorities, executive and judicial, in the Republic shall act in the aid of the Supreme Court. The contemners being the member......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ve committed an act of bankruptcy for none furnishing the security for the loan; rather, it is well secured. However, the Tribunal, without consideration of the grounds and without application of its judicial mind, rejected the said application by its order dated 20-11-2000. 7. Being aggrieved by......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....passing the impugned judgment and order as it has failed to appreciate that the tribunal without considering the facts and circumstances of the case and materials on record and without applying its judicial mind to the provisions of Section 265C and 265D of the Code of Criminal Procedure and witho......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
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