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Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....ilure of justice and as such it is liable to be quashed for the ends of justice. The learned advocate further submits that the Tribunal exercised his jurisdiction illegally and without application of judicial mind in rejecting the petition case on enquiry report based on extraneous matters and as su..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....to show any authority that the opinion of PSC is not binding upon the concerned authority. Therefore, his contention is repelled. 15. In view of the discussion made above and the preponderant judicial views, emerging out of the authorities referred to above, we are of the view that the seni..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....arty in that proceeding. It is not at all necessary that some relief must have been claimed in a proceeding against the party which it joined in the proceeding as a party. On the subject an eye on judicial pronouncements may be run over. 7. In Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352 it h..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ional Settlement Officer or not but this does not mean that the Director of Land Records has been vested with superior powers to sit over their orders or decisions and to annul the same. In a quasi judicial proceedings like the present one all that is competent to do is that he may exercise any o..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....s again stated thus: "Rape is an accusation easily to be made and hard to be proved and harder to be defended by the party concerned, though never so innocent." 21. From the above catena of judicial verdict it came into view: a. There is no Rule of Practice that there must in every ca..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of the allegation does not constitute any criminal offence against the accused petitioners. Finally, Mr. Chowdhury submits that the learned Judge of the Tribunal without proper application of his judicial mind to the facts and circumstances and the materials on record and without weighting the ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
.... view that in passing death sentence upon an accused against whom there is no iota evidence or materials before him, the learned Judge has adequately demonstrated that he is not capable of exercising judicial function. In such view of the matter, in the greater interest of the credibility of our jud..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....als produced before this court and in the light of the proposition of law emerging from the authorities referred above, we are of the opinion that the learned District Judge did not rightly apply his judicial mind in view of the fact and circumstances of the case and law bearing to it in passing his..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....ll the filling up of the permanent posts and thus they worked for more than 8 years on the basis of internal communication. The respondent no.1 Labour Court passed the decision without applying its judicial mind in the facts and circumstances of the case. We have initially gone through the judgm..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....ourt to believe in the existence of a fact, must prove it, subject to two exceptions; (a) a fact which is admitted by other party need not be proved, (b) facts of which the Court shall take 'judicial notice' need not be proved. The Evidence Act divides the subject of proof into (i)..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....laint was required to be accepted and allowed by learned Assistant Judge. 9. Reason is the soul of law (Cessate Rationelegis Cessat IP salex). The right to reason is an indispensable part of sound judicial review. Reason presupposes code. Reasons are links between the materials on which certain c..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Ershadul Vs. State, 2006, 35 CLC (HCD)
....y the prosecution. The learned Advocate also submits that the seized phensidyles were not chemically examined and the conviction was based on mere surmises and conjectures without application of judicial mind. He submits that there is a great departure from what has been stated in the F.I.R. to..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....quite in consonance with the principle of justice, equity and good conscience to decree the suit. The learned Subordinate Judge was manifestly wrong in dismissing the suit without applying his judicial mind into the facts of the case and the materials on record. Consequently we find substa..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....with blood-stained wearing clothes. Those incriminating alamats were seized and proved at the time of trial, which are material Exhibits. Again it appears that the accused Maku Rabi Das made an extra-judicial confessional statement in respect of commission of offence immediately after his arrest but..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....d the scope for consideration of liability of a guarantor and it held that "As regards the liability of the guarantors to repay the loan, the contention of Dr. Kamal Hossain appears to have judicial support from the decisions cited by him which show that the guarantor is seen not only resp..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....judgment but that power should be sparingly used. It would be wrong if I refuse to interfere in this case where there has been failure of justice by reason of the appellate Court not having brought a judicial mind to bear upon the evidence. 54. All we desire to say is that upon a careful consid..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2