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Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....f any antecedent breach of any of your covenants here as contained. 9. The language of the two clauses are quite clear and self-explanatory which needs no further elucidation. Non-application of judicial mind to these important provisions of the registered lease deed by the Courts below, partic..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....ction 164 of the Code which was recorded by Md. Ataharul Islam (P.W.11). Version comprised in the said Second Judicial confessional statement was quite a departure of the version encompassed in First judicial confessional statement dated 3‑12‑1992 and Md. Belal made a volte-face of the First con..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....their deposition. There is nothing to be interfered passed by the Magistrate 2nd Class, however, the accused preferred appeal and on appeal the Additional District Magistrate by exercising his judicial mind dismissed the appeal. Thereafter the accused preferred revisional application before ..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
.... 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the memo of appeal by his judgment and order dated 9‑10‑2001 without applying his judicial mind. It is further submitted that the accused petitioner voluntarily surrendered before th..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....on is sought and then pass an order manifesting by itself reasons which persuaded him to form a particular opinion. Discretion must be exercised not to any arbitrary, vague or fanciful manner, but on judicial principles. The Court has no jurisdiction to extend time carelessly or capriciously. In the..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....r by necessary implications limits the power. There can be no presumption by a Court of a limited grant of legislative power because to limit the grant of legislative power is a constituent and not a judicial function." 5. He also referred to the case of Rashid Ahmed Vs. The State reported..Category: Election Law | Date: 24 May, 2005 | Hits: 11
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....over of its products and also loss of its goodwill and business reputation. In this context it is submitted that of prime concern to the Petitioner, however, has been the fact of the consequential prejudicial effect such impugned registration has had on the public interest that has suffered at the h..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....r. He further submits that the impugned judgment and order of conviction an sentence is ex facie illegal wrong, erroneous an bad in law as well as in fact. The learned Special Judge did not apply his judicial mind to the fact and other materials on record and arrived at a wrong findings in convictin..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....ial alteration relating and embellishment in between the two statements of the concerned witnesses examining within a span of almost of month and accordingly the High Court Division on application of judicial mind considering the statement including the confessional statement of an accused Saif..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
.... Khondker Moniruzzaman vs. State. 18. Considering the facts and circumstances of the instant case and material on record in the instant case we are of opinion that the Tribunal failed to apply its judicial mind and framed charge against the accused appellant illegally and mechanically and the acc..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....erroneously came to a finding that defendant is not a defaulter and the plaintiff is not entitled to get the relief as prayed for. The learned lawyer points out that the Court below did not apply its judicial mind in passing the Judgment and wrongly quoted the deposition of P.W.2. The learned lawyer..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
.... writ of certiorari to reverse a finding of inferior court or tribunal: When Court of Settlement did not consider documents filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing s..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Montu and others Vs. State, 2005, 34 CLC (HCD)
....sed the impugned judgment on the basis of mere surmise and conjecture and he passed the order of conviction and sentence in an unlawful manner and the court of appeal below also without applying with judicial mind dismissed the appeal confirming the judgment passed by the Magistrate on 23‑05‑200..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....of such assessment. 18. However, it appears there are sufficient materials on record to come to a conclusion that the decision of the Tribunal appears to have been passed without applying proper judicial mind. Therefore, in our opinion, it will, be justified if the matter is sent back to the Tr..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....aque and others... ..................Respondents Judgment March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- Decision in a particular case made in the backg..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....iplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultation with the Supreme Court is a must…………&he..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....been falsely implicated in the case by the then ruling Awami League Government only to harass and victimise on political consideration out of grudge, the trial Court passed the order without applying judicial mind in rejecting the application for withdrawal filed by the State. He further submits tha..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37