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Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....rders, armed robberies, etc. with unauthorized arms and that in February, 1974 the Rakkhi Bahini recovered a huge quantity of arms and ammunitions from his house and nearby places and also certain prejudicial documents, booklets and leaflets from his house in course of the search. It has been furthe......this case inÂvolves substantial question as to the interpretaÂtion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....shall believe it as genuine after it has been detected as forged at the appellate stage? Section 65 is exhaustive of the grounds on which secondary evidence may be admitted. It has been argued by the judicial committee in Krishna Kishori Chaodhrani Vs. Kishori Lal Ray, 14 I.A. 71(P.C.) that secondar......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....stody after recording statements under section 164 Cr.P.C. whereas in the present case prayer for police remand was rejected and accused appellants of Exhibits 8, 9 and 10 appear to have been sent to judicial custody after recording of Exhibits 8, 9 and 10. On scrutiny it appears that PW 7 Shefaly B...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....utpouring of a penitent heart and not half-hearted or for its mere sake or as a formality. 4. Contempt of Court has not been defined in the constitution or in any other statute, but there has been judicial interpretation thereof, Proceedings for Contempt are initiated for the purpose of protectin......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....rd of the Doctors of the Rangpur Medical College as was directed by Magistrate in the record, the learned Counsel for the petition also could not inform us about the same. We find that in this case a judicial enquiry was held. The complainant opposite party No.2 herself and other witnesses were exam......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...Category: Criminal Law | Date: | Hits: 43
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....n the date fixed for appearance of the parties so for all practical purposes it can be said that the learned Additional District Magistrate passed the impugned judgment and order without applying his judicial mind which is definitely bad in law and as such cannot be supported; which is ex facie ille......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..Category: Criminal Law | Date: | Hits: 44
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....he case as no prima-facie case has been made out against them. The informant being aggrieved filed another naraji petition in the Court of Chief Metropolitan Magistrate, Dhaka who passed an order for judicial inquiry and in course of judiÂcial inquiry, the Magistrate examined 9 witnesses and submit......aper books is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....ears that the there was statutory obligation on the part of the Magistrate to discharge the accused person if he accepts the final report. While discharging the accused the Magistrate has applied his judicial mind and such order becomes the judicial order. The whole aim and object of the legislature...... we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...Category: Criminal Law | Date: | Hits: 44
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....bmits that the decision of the learned District Judge is not at all a speaking order and since it suffers from non consideraÂtion of materials on record, the High Court Division without applying its judicial mind shirked its responsibility and as such, the judgment of the High Court Division merits......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..Category: Property Law | Date: | Hits: 89
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......egality of the agreement nor the possession of the petitioner or even the issuance of the notice dated 9‑33‑1986 (Annexure 1). His simple case in this writ petition is that in due exercise of his functions as the Official Liquidator he issued the notice dated 9‑3‑1986 which is only one step ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....prompted the respondent No. 1 earlier to allow the application for registration of the trade mark of the appellant and this renders the impugned judgment a nullity on the ground of non-application of judicial mind. 6. Mr. Mohammad Ohiullah, the learned Advocate appearing for the respondent No. 2 ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....le basis. 21. Defendant No. 2 by notice dated 30‑12‑1990 Exhibit 9 asked the husband of the plaintiff to vacate the suit land otherwise he would be forcibly removed therefrom. Even then, how a judicial officer of the rank of an Additional District Judge could not believe that the plaintiff wa......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....ade to the authority. The Chief Metropolitan Magistrate enlarged them on bail to be effective on 4‑3‑2002, if no detention order had been made in the meantime. They were, however, remanded to the judicial custody. In the meantime, the detenus were communicated with the order of detention on 27â€......whenever the executive has sought to impinge upon the Court's jurisdiction. At the same time, in exercise of its enormous power the Court should not be called upon to undertake governmental duties or functions. The Courts cannot run the Government nor can the administration indulge in abuse or nonâ€..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....d eighty‑seven (87) pieces of bones and recorded opinion that out of twenty‑six (26) bones there was one human bone, PW35 Md Sabir Ahmed, Metropolitan Magistrate, First Class, Khulna who recorded judicial confessional statement of Noor Ala (approver PW6), PW36 Md. Hashern Ali Molla, father of Fa......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....rder dated 24‑8‑1998 recorded by this Court. The bail was for fixed period. The said bail was like a parole a temporary release from custody. Distinction between Bail and Parole is that Bail is a judicial order and Parole is an administrative order. Ordering portion is hereunder: "24‑8‑19......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......puty Commissioner of a District and includes an Additional Deputy Commissioner or a Joint Deputy Commissioner and such other persons as may be appointed by the Government to perform all or any of the functions of a Deputy Commissioner under the Ordinance and, according to the learned Advocate for th..
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....purpose of restriction under section 195(1)(c) of the Code of Criminal Procedure on the ground that function assigned to a revenue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously ......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....t the learned Magistrate showing lack in that direction most arbitrarily discharged the accused‑opposite parties. The learned Sessions Judge also acted in the same manner and without application of judicial mind rejected the revisional application summarily. So, according to him the impugned order......h the case from the stage before discharging of the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....etition under section 540 of the Code of Criminal Procedure had mentioned the proposed questions to be put to the PWs 1, 2, 5 and 6 for the ends of justice but the court below without considering the judicial aspect of the prayer whether it is essential to the just decision of the case misconceived ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
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