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Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ner herein is nothing but an abuse of the process of the law, the allegations against her is preposterous in nature and thus the same is liable to be quashed. It is settled principle of law that judicial process should not be an instrument of oppression or needless harassment. In the resul..

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....he accused petitioner submits that the learned Sessions Judge committed illegality in framing charge by rejecting the application under Section 265C of the Code of Criminal Procedure without applying judicial mind and without considering the materials on record. He mainly argued that the post mortem..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... "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 maxim..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. 18. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal hom..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. 21. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal hom..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ediately remind ourselves that the proposition that writ jurisdiction is not available in a criminal matter, is a myth, which must be dispelled. In so saying we wish to emphasise that the doctrine of judicial review was first gestated in the womb of the criminal jurisprudence in it’s natal hom..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....lic of Bangladesh and others Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku, 60 DLR (AD) 147, where it was held that the process of sanction is an administrative act and is not subject to any judicial scrutiny. In the case of Nazimuddin (Md) Chairman Vs. Government of Bangladesh reported in ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....thorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the material..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....rred to the deity. It is an admitted fact that the plaintiff is the Shebait of the deity. Now the question what is the status of the Shebait of a public debuttor property. It has been observed by the judicial committee in Prosonna Kumari Debya Vs. Golap Chand Baboo, (1875) LR 2 IA 145 "that the..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....en by the learned Chief Judicial Magistrate, Sylhet to be appropriate and satisfactory, inasmuch as he has admitted that he did not read the order of this Court properly, which is not expected from a judicial officer of his rank and status. He must be more careful in future, when dealing with the or..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....pon Dr. Mohiuddin Khan Alamgir on 20-2-2007. He has prepared the Property Statement on 20-2-2007 and that was sent to the Jail authority on 21-2-2007. The property statement of 20-2-2007 is kept with judicial record. The report was handed over to the wife of Dr. Mohiuddin Khan Alamgir. He signed the..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

....l of force. On the contrary I failed to discover any merit in the submissions advanced by learned Counsel of the opposite parties. 21. In the light of discussions made above and the preponderant judicial views emerging out of the authority referred to above, I am of the view that the impugned j..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)

....s of land whereupon he constructed four semi pucca rooms and on 31.10.93 the petitioner's husband received Tk. 1,00,000/= from the opposite party No.1 against the said four rooms signing on a non judicial stamp worth of Tk. 50/= and delivered possession of the rooms in favour of the opposite par..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....onal conventions and norms are to be read into the fundamental rights in the absence of any domestic law occupying the field when there is no inconsistency between them. It is now an accepted rule of judicial construction to interpret municipal law in conformity with international law and convention..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦.(23) On awarding sentence Death sentence is a sentence which should be passed when the offence committed has not been compatible with any other sentence. Sentence is the judicial determination of a punishment to be inflicted on the facts of the given case. A Judge is si..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....rein mentioned, but there is nothing in them indicate that the Court is bound to try such offences or persons together in every case. This discretion vested in the Court is to be exercised upon sound judicial principles and in the light of the facts and circumstances of each case. Where a joint tria..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ial record of the petitioner as sent from the office of respondent No.2 upon the call of this Court. This Court has also con­sidered the arguments advanced at the Bar. 7. The petitioner is a judicial officer re­cruited in BCS (judicial) Cadre as government servant serving in the subordi..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2