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Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....Civil Procedure under the facts and circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting and refusing the amendment. 8. W......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....dependent to act under section 491 of the Code of Criminal Procedure in an appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor on the order of the learned Sessions Judge and as such the said......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
.... was 29 years old and the ground on which the suit was sent on remand was not tenable in the eye of law. The High Court Division further held that the appellate court did not at all apply its judicial mind in sending the suit back on remand to the trial court with the direction to include i......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......and thereafter, the petitioner has been serving as Nikah Registrar in the said Union Parishad registering marriage and established a good reputation in carrying out the onerous duties and functions to the satisfaction of the local people and other concerned. Thereafter, while the petit..Category: Civil Law | Date: | Hits: 81
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... law in not considering the judgment of the two Courts below in juxtaposition with each other and in mechanically affirming the decision of the appellate Court below without applying his judicial mind. The learned Advocate further submitted that the appellate Court below wrongly d...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....he High Court Division in Writ Petition No. 10149 of 2006 rejecting the application in limine whereby the petitioner has sought a direction upon the government to investigate the connection of some judicial officers with a banned religious organization namely ÔRvgvÕAvZzj gyRvwn`xb ev......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ..Category: Criminal Law | Date: | Hits: 43
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....political design and with the colourable exercise of the authority; that the petitioner never absented himself from the meetings of the Union Parishad and he was never involved in any activities prejudicial to the interest of the Union Parishad or of the state on he ever became physically or men...... candidate in the last parliament election and incurred displeasure and anger of the local MP belonging to the ruling BNP Jamat 4 party alliance. The petitioner has been discharging his duties and functions as the elected Chairman of Surma Union Parishad honestly, sincerely, properly and diligen..Category: Criminal Law | Date: | Hits: 32
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....rder. 5. Having regard to the facts and circumstances and the materials on record of the case, we are of the view that the learned Judges of the High Court Division having applied their judicial mind vacated the order of stay. In the aforesaid premises, we are fully in agreement with ......in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ..Category: Others | Date: | Hits: 84
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......or that before 21-12-1982 she could riot register the deed and in this way the defendants acquired title. On 28-02-1983, Profulla Bala died issue less and these defendants performed all the funeral functions of Profulla Bala. The plaintiff’s father tried to dispossess the defendants and th..Category: Property Law | Date: | Hits: 26
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......ejecting the prayer for time, vacated the order of stay holding that because of the default of the petitioner, the order of stay dated 7.3.2007 stood vacated and the High Court Division itself became functions officio and so the petitioner is to face the consequence for not depositing the amount of ..
Category: Civil Law | Date: | Hits: 120
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......nsequently during the period of stay of operation of the judgment and order dated 27.6.2005 passed in Writ Petition No.5807 of 2004 the said Ad-hoc Committee continued to discharge its functions and accordingly held the election on 31.7.2005 legally and further that the High Court Di..Category: Civil Law | Date: | Hits: 126
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....gh Court Division totally ignored the evidence of so many witnesses and mentioning the evidence of only PW 2 to base his finding, the impugned judgment has been passed and, in fact, did not apply his judicial mind and thus committed error. 13. Nurul Islam Bhuiyan, learned Advocate-on-Record appea......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....er of the case property but nobody turned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President's Order 16 of 1972 and Ordinanc......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... 13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law. Enunciating the age-old max......e tribunals in criminal cases have been exhaustively considered in a number of pronouncements by the Court itself, as well as its predecessor, the Judicial Committee of the Privy Council. Its functions are confined to the limits of the sovereign's prerogative in the sphere of the administra..Category: Anti-Corruption Laws | Date: | Hits: 139
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal without proper application of judicial mind. His submission was that the conduct of the respondent No. 2 compelled the petitioner ......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......University has a Planning Committee which is generally composed of one-third of the total number of full time teachers in order of seniority, with a minimum of three members and one of the primary functions of the Planning Committee is to propose for creation of new posts in the Department, both..Category: Civil Law | Date: | Hits: 134
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
.... fundamental rights is a fundamental right itself and is guaranteed by Article 102(1) and that has-been recognised by the separate concurring judgment in paragraph 77 of the report but the right of judicial review under Article 102 (2) is neither a fundamental right nor a guaranteed one and this......ng the force of law and the Administrative Tribunal does not have jurisdiction in respect of disputed matter herein. 10. Mr. Islam has next argued that the appellant used to perform similar functions and duties as performed by the Personal Officers of the Secretariat and are similarly si..Category: Employment/Service Law | Date: | Hits: 104
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ...... Public Corporations (Management and Co-Ordination) Ordinance, 1986. We may mention here that we cannot accept the argument of the learned Advocate that a Pesh Imam has supervisory and managerial functions because he only leads the prayer in a Mosque. As we have found that th..Category: Labour and Industrial Law | Date: | Hits: 77
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ......age Registrar of Jaforganj Union Parishad No. 8 (North), Police Station Debidwar, Comilla and also praying for an order of temporary injunction restraining the respondents from interfering with his functions as Nikah Registrar within the territorial limits of the above Jafarganj Union No.8 (North..Category: Civil Law | Date: | Hits: 81
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