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Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....ive of Amir Hossain Miah who is the promise in the agreement. But he could not challenge the genuineness of the agreement. 12. I have seen the agreement, exhibit 3. It is written on a sheet of non-judicial stamp. It is an unilateral agreement and written addressing Amir Hossain Miah (father of th...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....mmitted an error of law in rejecting the Miscellaneous Case No. 493 of 1990 holding that section 17 of the SCC Act is not applicable. He further submitted that the learned SCC Court did not apply his judicial mind in the facts and circumstance of the present case in rejecting the Miscellaneous case.......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......g case to show that the present case is maintainable under writ jurisdiction. Sharping’s case would be considered later. Mr. Ahmed submits modern government has multifarious activities, some of its functions are governmental function exercising sovereign power and again, some of the functions can ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... the case of Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444, which is as follows: “My Lords, this appeal may serve to remind us of a truth sometimes forgotten, that this House sitting judicially does not sit for the purpose of hearing appeals against Acts of Parliament, or of providi......on of the Parliament are regulated and conducted by the Rules of Procedure made by the Parliament in exercise of its power under Article 75(1) of the Constitution. The Speaker performs his duties and functions through the Parliament Secretariat established under Article 79 of the Constitution. One o..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... of the witnesses examined by the prosecution implicate the appellant with the offence or any other accused persons. All these confessions, if closely considered, do not inspire any confidence in any judicial mind. So, this is a clear case of no evidence. For the reasons, the judgment and order of c......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......9 BLD (AD) 276 4 BLC (AD) 273. Reliance of Mr. Nabi on the aforesaid case of Khandker Delwar Hossain is therefore misplaced. 14. In the present case the Speaker while performing his administrative functions was required to take a decision either way on the basis of the complaint of Hossain Mohamm..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....ts and, as such, the impugned judgment and decree is an error in its decision occasioning failure of justice. Mr. KS Nabi, the learned Advocate finally, argued that the trend of justice structure and judicial management is to saving the costs of the litigation and to prevent the protracted litigatio......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....learned Additional Sessions Judge failed to take notice of the legal position and gave his finding in the line of the findings of the learned Magistrate, Perhaps both the Courts failed to apply their judicial mind in this respect. In view of our discussion above, the order dated 18-7-99 passed by th......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....his kind of relief only under certain special circumstances. Relief enshrined under section 42 of the Specific Relief Act is a discretionary relief and the said discretion is to be exercised on sound judicial principles. 19. Promissory Estoppel is a principle evolved by Courts on the principles o......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....urrence in the absence of any specific allegation against them the petitioners could not be charged with abetment of murder and, as such, rejection of their prayer for bail was not proper exercise of judicial discretion on the part of the learned Additional Session Judge. (8) Since a civil Suit i......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....ld by now, the interest of justice will be sufficiently met if the sentence of imprisonment imposed upon them is reduced to the period already undergone. No doubt, sentence is essentially a matter of judicial discretion for the Court but it is also well settled that it must be commensurate with the ......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
.... with them and set aside the report. As stated above, we unsuccessfully looked for the mistake the appellate Court could have pointed out in the report of the Commissioner. This kind of disposal by a judicial officer of the rank of a District Judge is very unfortunate. 25. It further appears that......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....cluding the Supreme Court." 8. Mr. Abdul Malek, in this context, submits that this Court in exercise of its writ jurisdiction under Article 102 of the Constitution can review any administrative or judicial action in spite of any such prohibition or bar created either in the Martial Law Proclamati......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....y acquisition of foreign citizenship the authority has also to determine that such latter citizenship has been voluntarily acquired. Determination of the question postulates an approach as in a quasi-judicial enquiry, the citizen concerned must be given due notice of the nature of the action which i......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
....of the Code of Civil Procedure. This section is an illustrative of the Courts exercising normal Original Civil Jurisdiction under the law. Any person or authority entrusted with the responsibility of judicial functions in accordance with the principles of law and following the procedure laid down by......ng this Court to exercise powers of High Court Division for all purposes of the Code of Civil Procedure. The High Court Division shall have the original, appellate and other jurisdictions, powers and functions as are or may be conferred on it by the Constitution or any other law. This division canno..
Category: Civil Law | Date: | Hits: 89
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....s affecting the national economy. Piling up huge arrears is also pushing the consumers to such a dark corner that they find no way to come out. Conflicting interests of the parties therefore demand a judicial mind to strike the balance in such a way that none of the parties should suffer for an orde......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
.... the findings of the Court of appeal below on title and possession and the decision in the appeal was arrived at on misreading and non-reading of the evidence on record and without application of any judicial mind. Such decision has no doubt resulted in serious miscarriage of justice. The judgment a......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....onian standards would be sufficient to justify the imposition of the lesser penalty nor are these circumstances adequate enough to palliate the offence of murder. But in their totality, they tilt the judicial scales in favour of life rather than putting it out”. 44. Therefore, in the facts and ......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
.... The said application for cancellation of bail has been marked as Annexure-D. We have gone through the same. The grounds taken in the application alleged that the learned Magistrate did not apply his judicial mind while granting bail to the accused-petitioners and has granted bail to the petitioners......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....their statutory powers in dealing with the properties of the citizen. 85. Moreover, it should also be remembered, the exercise of powers of cancelling a sanction is akin to and partakes of a quasi-judicial complexion and that in exercising the power to cancel sanction the authority must bring to ......rue that the grant of sanction is part of or incidental to the statutory power to regulate orderly development of Dhaka Metropolitan City under the Act. The power to regulate with the obligations and functions that go with and are incidental to it, are not spent or exhausted with the grant of sancti..Category: Property Law | Date: | Hits: 125
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