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Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......oard of Directors of the bank, in approving the scheme, acted within its scope of authority. There is no allegation of mala fide. This Court, under Article 102 of the Constitution cannot overseer the functions of a bank being run on a commercial consideration even if all its shares are held by the G..Category: Banking Law | Date: | Hits: 205
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....just after knowing about the impugned transfer claimed the suit land in performing Taleb-i-mowasibat on 01.7.87 and Talab-i-ishat on 7.7.87 but the Court of appeal below abruptly without applying its judicial mind to the materials on record arrived at a finding that the plaintiff could not or did no......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....half of the plaintiff-appellant-petitioner submits that both the courts below were absolutely wrong and erroneous in dismissing the case of the plaintiff. Both the Courts below without applying their judicial mind and without proper assessment of the evidence on record came to a wrong and erroneous ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ent and other connected papers. From a reading of the Judgment we find that the Waqfs Administrator has written a very elaborate judgment, discussed the evidence and assessed the same by applying his judicial mind he has found that the petitioner is guilty of the offence under the provision of secti......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....s necessary for effective and complete adjudication of the issues and for avoiding multiplicities of suit and proceeding he may be added as defendant in the suit by the court in exercise of its judicial discretion. In this case, it appears, the opposite-party No. 1 in his application under O......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....y virtue of the provision of section 2(2) of Colonial Court of Admiralty Act, 1890 and as such Administration of Justice Act, 1956 is not applicable in Bangladesh." 9. In view of the aforesaid judicial pronouncements I have no hesitation to hold that the Admiralty Court of the High Court ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......es no fresh oath under the Union Parishad Ordinance to enter upon this office as Acting Chairman, since basically being the member he entered upon his office as a member on taking oath to perform his functions as a member of the Union Parishad. Mr. Hoq also mentions that under the Union Parishads ..Category: Election Law | Date: | Hits: 92
Category: Property Law | Date: | Hits: 28
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
.... no dispute to the proposition of law that a decree for specific performance of a contract is essentially a matter of discretion for the Court but this discretion must be exercised according to sound judicial principles and not arbitrarily. It is equally settled that a contract duly entered into by ......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....ther citizen are not only duty bound to obey the law and the orders of the Court but it is constitutional obligation to do so, inasmuch as the constitution enjoins upon all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court. The apology is, in fact, qualified, he......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....n and sentence are based on surmise and conjecture and for the purpose of bringing safety in the dispensation of the justice it is necessary to consider the facts and circumstances of the case with judicial mind and to acquire the innocent accused petitioner. The learned Advocate finally submitted......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
Category: Constitutional Law | Date: | Hits: 252
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507......., presumably, to enable the pre-emptor to cure the defect of parties and proceed with a properly constituted suit. It has, therefore, given rise to an important legal question touching the powers and functions of an appellate Court. The question is, when an appeal has been properly brought before an..Category: Property Law | Date: | Hits: 37
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....17. On the point, the Supreme Court of India is also no less unequivocal. In SP Chengalvaraya Naidu (dead) by LRs Vs. Jagannath (dead) by Lrs. & Ors, 1994(1) SCC 1 it held: “Fraud avoids all judicial acts, ecclesiastical or temporal”—observed Chief Justice Edward Coke of England about t......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..Category: Trust/Waqf Law | Date: | Hits: 183
Angur Vs. State, 1988, 17 CLC (HCD)
....Sir In c/w of the case referred to above I have the honour to report that accd. Angur S/o.L. Haji Barkatullah of Dighirpur P.S. Bajitpur Dist. Mymensingh is now in custody in this case and he made judicial confession implicating himself and others. The D.I.G., C.I.D. B/D Dhaka on the prayer of I/......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....vision Bench of this Court pointed out some of the essential tests for the admissibility of the confessional statement recorded by the Magistrates in the following language: 12. In this regard the judicial authorities always insist on the meticulous observance of all necessary formalities and p......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....ble independent witnesses to lend assurance to the evidence of interested and partisan witnesses. We are, therefore, of the view that the learned Assistant Sessions Judge failed to properly apply his judicial mind into the facts and circumstances of the case and the material evidence on record. We t....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Category: Labour and Industrial Law | Date: | Hits: 158