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A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....Ms then scheduled to be held on 3.10.2005. It is evident that the entire problem with maintaining the Record Date of 25.9.2005 now turns on the legal basis for the Record Date as shall have a prejudicial effect on the rights and benefits of the Petitioners as shareholding members of the Bank. ......ities and Exchange Board of India Act, 1992. Presently the National Securities Depository Limited (NSDL) is the company which has been authorized to function as the depository. The Depository functions through its agents, who are known as Depository-participants, under as agreement entere..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
.... the contrary, the legal plea taken by the learned Assistant Attorney General prevails and appears to have a good deal of force. 15. In view of discussions made above and the preponderant judicial views emerging out of the authority refers to above, we are of the view that the impugned ......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
.... force. On the contrary, we failed to discover any merit in the submissions advanced by the learned Assistant Attorney-General. 33. In view of the discussion made above and the preponderant judicial views emerging out of the authority referred to above, we are of the view that the prosecut......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
.... of force. On the contrary we failed to discover any merit in the submissions advanced by the learned Assistant Attorney General. 33. In view of the discussion made above and the preponderant judicial views emerging put of the authority referred to above, we are of the view that the prosecu......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....e a good deal of force. On the contrary we failed to discover any merit in the instant application for quashing of the proceedings. 17. In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view, that the impug....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....d and the Rule should be discharged. 8. In reply the learned Counsel for the petitioners has drawn our attention to the application for cancellation of bail dated 09-08-2007, filed before the judicial Magistrate, annexure-F-1 to his supplementary affidavit dated 12-05-2008 and submits that ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ials available in the paper book and submits that appellant is quite innocent and he has been falsely implicated in this case out of previous enmity and grudge; that the trial Court did not apply his judicial mind in analysing the deposition of P.Ws. and their cross-examinations and that the learned......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....ials available in the paper book and submits that appellant is quite innocent and he has been falsely implicated in this case out of previous enmity and grudge; that the trial Court did not apply his judicial mind in analysing the deposition of P.W.s. and their cross-examinations and that the learne......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
....efore the trial court in that case pre-emptor could amend the section before
the trial court or appellate court. The learned Counsel finally submits that
the lower appellate court after Appling his judicial mind and after proper
assessment of the evidence on record, exhibits and other connected p......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....anchise or liberty, to inquire by what authority he supported his claim/in order that the right to the office or franchise might be determined. Broadly stated, the quo warranto proceeding affords a judicial inquiry in which any person holding an independent, substantive, public office, or franchis....... Substantive nature of office means an office having substantive character i.e. an office independent in title, and if the holder of the office was an independent official, not one discharging the functions of a deputy or servant at the will and pleasure of others. 42. In the instant case, we ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....hat of a Metropolitan Magistrate or Magistrate of the First Class. If a case is tried by Court of Sessions, the cause of justice will be better served as the Sessions Courts are manned by senior judicial officers unlike the Courts of Magistrate. The petitioner should rather be happy as his case...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....nowing waiver of his rights. Furthermore, it stated that requiring the advice of a parent of counselor is "relatively simple" and was "well-established as a safeguard against a juvenile's improvident judicial acts." 17. In March 2000, the Supreme Court of New Jersey said in State Vs. Presha tha......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....aiver of his rights. Furthermore, it stated that requiring the advice of a parent or counselor is “relatively simple” and was “well-established as a safeguard against a juvenile’s improvident judicial acts.” 17. In March 2000, the Supreme Court of New Jersey said in State Vs. Presha tha......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
.... void." 12. Finally the learned Counsel submits that the lower appellate Court is absolutely wrong and erroneous in reversing the judgment and decree passed by the trial Court without applying his judicial mind and without considering the legal aspect of the case to the effect that the case itsel......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
.... of the Code of Criminal Procedure against the accused petitioner. 4. Mr. M. Moksadul Islam, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to apply its judicial minds in assessing the evidence and materials on record and the provision of law applicable......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11...Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
.... unreasonable and perverse. It appears to us that the learned Additional Sessions Judge, Kishoregonj, started the case from wrong premises. It appears that the learned Court below did not apply his judicial mind to understand the intrinsic truth of this case and also to understand the defence ve......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....Rule. 8. Mr. Md. Sajjad Ali Chowdhury, the learned Advocate appearing on behalf of the petitioners, submits that the Court of appeal below passed the judgment and the decree without applying its judicial mind. He then submits that the judgment of the Court of Appeal below was passed in a slipsh......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....e. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant people upon the whole judicial system. ...............................(21) Lawyers Involved: Farooque with Md. R...... unfortunately, he kept the said application pending without passing any formal order, instead allowed time to the plaintiffs to file the documents and thus failed to discharge its statutory judicial functions as vested in it. We are shocked to see that even after the learned Subordinate Judge passe..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....otection of the law and order situation. But it is to be borne in the mind of the detaining authority while exercising such power that it is a very special law and the authority should apply its judicial mind very cautiously in issuing an order of detention under the Special Powers Act, 1974. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....re constrained to hold that the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat is not justified in passing the impugned judgment and order of conviction and sentence who did not apply his judicial mind into the facts of the case and materials on record. 53. Consequently, we find sub......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
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