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Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... the informant-petitioner which are: (i) The learned Additional Sessions Judge committed gross illegality in acquitting the accused-opposite parties in completely ignoring the Exhibit-2, the extra-judicial confessional statement corroborated by PW 7, the Chairman of the concerned Union Parishad a......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
State Vs. Babul Miah, 2010, 39 CLC (AD)
....nce was awarded on the other count. The learned Judges of the High Court Division rejected the death reference and acquitted the respondent of the charges. 2. Prosecution case rests upon the extra judicial confession said to have been proved by Noor Mohammad (P.W.3), Bachchu Mia(P.W.4), Kamal Hos......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
.... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ......of this clause as continuing to be such members." He submits that this portion is very much part of Article 56 and no occasion will arise for those members of the previous parliament to perform their functions after the 13th Amendment Act of the Constitution. It appears from the Provisions of the 13..Category: Constitutional Law | Date: | Hits: 199
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....ing a judgment on contest after hearing the parties included the ground that the impugned Judgment was bad in law and certain documents were illegally admitted and both the Courts below did not apply judicial mind to the statutory mandatory provision of law and furthermore, the judgment of both the ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 40
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....has held that it is a jurisdiction inherent in a Court of Record from the very nature of the Court itself. This is important when we come to construe the later legislation because by this time it was judicially accepted throughout India that the jurisdiction was a special one inherent in the very na......lls are called records of the Court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceed..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....edure. Their Lordships of the Appellate Division on consideration of the facts of the reported case held “Accordingly, we hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave under rule 18 of the said Order. Further, if a rigid and ......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..Category: Civil Law | Date: | Hits: 90
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....d Advocate for the appellant, submits that the impugned order is illegal, unjust and, as such, the same is liable to be set aside. He further submits that the learned trial Court did not exercise its judicial mind and that the learned Magistrate was not authorised to pass such order of acquittal, si......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......f Panch Peer Darga Waqf Estate bearing Ex No.6831 of village Bhagalpur, police station, Sonargaon, in the District of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consis..Category: Trust/Waqf Law | Date: | Hits: 189
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....made for the benefit of a plaintiff by a defendant in his own name who was already acting as the agent of the plaintiff. The capacity which the defendant filed prior to the purchase, cannot enter the judicial verdict. The only test is whether the Court auction purchase was made on behalf of the plai......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....quirement namely, consideration, it is now beyond qualm that the theory that the Issuing Bank is contract bound to honour its promise, despite absence of consideration from the promisee, has received judicial recognition universally. 18. Autonomy of the “paying bank beneficiary” contract from......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......e order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad-interim inju..Category: Civil Law | Date: | Hits: 74
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......cribed rules and procedure. Opposite party was never appointed Mutwalli. Such appointed Mutwalli may however be removed on any of the grounds provided by law. Not otherwise. 12. General powers and functions of the Waqf Administrator have been provided in section 27 of the Waqf Ordinance. And sect..Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....Law on Partition’ published by DLR arrived at such a finding, but I have myself gone through the relevant decisions and it appears that the view taken by the trial Court is absolutely correct. The judicial view is that the expression ‘dwelling house belonging to an undivided family’, in fact,......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602....... not have any lien with Bank’s service. 6. On behalf of the employees, Mr. Mahbubul Huq, the learned Advocate, submitted that the Labour Court in the body of the Judgment in detail discussed the functions of appointees and on consideration of the materials before it found that the appointments ..Category: Labour and Industrial Law | Date: | Hits: 134
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....ction (2), it is clearly mentioned that any District Magistrate or any Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f)(iii)‑(viii) it is necessary so to do, make an orde......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194...Category: Constitutional Law | Date: | Hits: 161
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....on as referred to, observed that the prosecution in the instant case has miserably failed to prove the charge against the petitioners beyond any reasonable doubt. The trial Court without applying its judicial mind and without considering the evidence and the provision of law most illegally and in an......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...Category: Criminal Law | Date: | Hits: 46
Category: Criminal Law | Date: | Hits: 60
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....te relief to the defendants before giving an opportunity to the plaintiffs to put their case; that the defendants suppressed the whole material facts and the High Court Division failed to apply its judicial mind in assessing the materials on record and the provision of law applicable thereto; that...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..Category: Property Law | Date: | Hits: 47