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....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......pondents to show cause as to why they should not be directed to take necessary steps for peaceful entry of the petitioner and his devotees to his Dewanbagh Darbar Sharif to hold and arrange religious functions, there and to ensure their protection.
2. This writ petition has been filed by Dewanbag..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....ession. These material findings of fact are found to be well-reasoned and well-supported by the evidence record. The learned District Judge as well as the learned Subordinate Judge duly applied their judicial mind into the material evidence and the material documents of the defendant, viz Ext A (1) ......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...Category: Civil Law | Date: | Hits: 69
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....can be taken in Court but to obtain evidence which from its very nature can only be had on the spot. The issuance of a Commission is thus a matter of discretion for the Court, which must be exercised judicially and not fancifully. When the trial Court does not find local investigation necessary for ......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... his direct prejudice. 45. In reply State respondent refers to the decision in the case of Abdur Razzaque and another Vs. State reported in 28 DLR (AD) 35 wherein it was held that consensus of the judicial opinion is that trial will not be vitiated if there is no question of prejudice due to any ...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....burden itself of some of those sovereign functions. These functions are carried out and performed by the licensees or agencies under the Government as government functions. This concept has long been judicially recognised by the highest judiciary of the country. Appellate Division in the case of SMS...... subscribers including the petitioner. GrameenPhone has also taken up the stand while contesting the Rule that since it is a company incorporated under the Companies Act it is not a person performing functions in connection with the affairs of the Republic or of a local authority in imposing and rea..Category: Information Technology Law | Date: | Hits: 217
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....ot desirable because the law requires a clear finding as to intention before recording a conviction under the first part of section 304 of the Penal Code. This type of judgment demonstrates a lack of judicial mind and care. Now it has become our bounden duty to consider whether the conviction as rec...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....f deceased Rokeya Begurn, Khodeja, second wife of Shah Alam, Mir Hossain alias Mira and Alamgir had been depicted as killers of deceased Rokeya Begurn. 4. Accused Mir Hossain and Khodeja by way of judicial confessional statements under section 164 of The Code of Criminal Procedure implicated them......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....o, affidavit-in-reply as well as the supplementary affidavits. We are of the view that mere raising a dispute as to a fact does not make it disputed and the writ court while exercising its power of judicial review can very much decipher the Facts in the context of the papers filed by the parties t......me was passed improperly without following proper procedure and praying for discharging the Rule as being infructuous showed prima facie mala fide of the BTRC, a statutory authority in performing its functions. He submitted that the moment the BTRC withdrew the letter vide Annexure C‑I it was duty..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....of Order XXXIX of the Code, the plaintiff would have ample opportunity to prove his case of violation by evidence. 21. We therefore find, in total misconception of the law and without applying his judicial mind to the facts and circumstances of the case and the law, learned Joint District Judge a......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73....... Director of the Bank and he does not have any power for holding any meeting of the Bank under the statute and the law. Similarly, the contemner No. 2 is the Secretary of the Board of Directors whose functions and duties are similar to those of companies secretaries and nothing more. He is an office..Category: Banking Law | Date: | Hits: 158
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....directed the appellants to give the respondent the attendant service benefit which urns beyond the relief claimed in the petition, and the Administrative Appellate Tribunal without application of its judicial mind maintained, the said direction. Therefore, we find that the Administrative Appellate T......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....ot, therefore, find any reason to disbelieve the consistent and cogent evidence of the witnesses examined by the prosecution. I am satisfied that the learned Divisional Special Judge duly applied his judicial mind into the facts and circumstances of the case and the evidence on record and rightly co...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
....whenever the applicant can satisfy the Court that he was prevented by any sufficient cause from filing the revision earlier or there was any justifiable and acceptable ground for his coming late. The judicial discretion to be exercised by the Court in condoning any justifiable delay is never circums...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ..Category: Criminal Law | Date: | Hits: 32
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ring petrol on her body set fire to it by a match-stick and caused extensive burns all over the body. 32. The law on dying declaration is fairly well-settled by now. It has been held by consistent judicial pronouncements that a dying declaration, whether written or oral, if accepted by the Court ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......n a managerial or administrative capacity, or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to office or by reason of power vested in him, functions mainly of managerial or administrative nature”, In clause XXVIII of section 2 of the ..Category: Labour and Industrial Law | Date: | Hits: 99
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....ot suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly exposes the sorry state of our judicial system. 26. In the result, both the Rules are discharged with costs. Order of stay grant......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
....and against the perpetrators of yesterday, in order to deter those who may nurture any perilous design for tomorrow. Mr. Rahman submitted that the Fifth Amendment judgment has opened a new horizon of judicial activism in our part of the world, of which all the judges should take the advantage of, to......ce judicial authority by instituting a power of judicial review, because it falls to the judges (usually the express provision) to determine questions which arise as to the exercise of Constitutional functions and, in doing so, to interpret the constitutional provisions.
151. This function normal..
Category: Constitutional Law | Date: | Hits: 482
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....above Criminal Revision in which the learned Sessions Judge passed the impugned order. It appears that the learned Sessions Judge allowed the revision and directed the cognizance taking Court to hold judicial inquiry by a Magistrate, 1st Class. The learned Sessions Judge also set aside the order dat......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222...Category: Criminal Law | Date: | Hits: 42
....our Organisation.
(f) The detaining authority taking into account overall law and order situation felt satisfied that the detenu is required to be detained with a view to prevent him from doing prejudicial act obstructing law and order.
10. Section 3 of the Special Powers Act, 1974 confers pow...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ove paragraph we find that in addition to reference of overall law and order situation, it is also mentioned that in order to prevent the detenu from endangering the law and order situation by his prejudicial activities, the detention was necessary. From the use of the under lined expression (the un......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
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