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Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....greement is void, inoperative or is incapable of determination by arbitration. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made." 10. O..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....ount. Learned Counsel for the respondent submits that this petition for review is not maintainable since there is no "glaring omission or patent mistake or liked grave error has crept in earlier by judicial fallibility". He further submits that contention of the appellant in support of the appea..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....[Al-Amin Vs. State] where a number of Criminal Appeals were disposed of by a single judgment. In the said case their Lordships observed. “Corroborative evidence is not an imperative component of judicial credence in every case of rape. Corroboration as a condition for judicial reliance on the t..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....estion that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is, what is called the exercise of judicial discretion in the facts and circumstances of a particular case. A Judge’s mind always swi..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....ave heard the learned Advocate for the petitioners and perused the impugned judgment of the High Court Division. It appears that the learned single Judge of the High Court Division having applied its judicial mind considered all the attending facts and circumstance s of the case and arrived at a fin..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....ase of the State Vs. Md. Ali Kibria @ Shahjahan reported in 43 DLR 512, it has been observed that in fact it is a practice that after recording the confession the accused person should be sent to the judicial custody and that he would be informed beforehand that he shall not be sent back to the poli..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ting edge of law is remedial and the art of justice has to respond here so that transparency wins over opaqueness…..(72) Gross violation of fundamental rights should shock the judicial conscience and force it to leave aside additional procedure which shackles the locus stand..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....rested respondent No. 4‑Md Enamul Hoque on 9‑7‑2000 and her statement was recorded wherein she expressed her intention not to go with her father. Thereafter the victim was sent to judicial custody. The appellant then made a prayer for custody of his minor daughter which was reje..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ho have made the tape and to find out the circumstances and the motive and the innuendo of the conversation and of its recording, indicating unimaginable impropriety to obtain a decision based on non-judicial consideration. It is further stated that instead, the newspapers are persecuted for doing t..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....riminal Procedure before the Magistrate. Subsequently, the victim girl at her own accord refused to stay with her parents by making an application to the court and on her prayer, she was taken to the judicial custody in jail pending disposal of the case. On remaining under neutral judicial custody f..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ar case the petitioners have come to this Court to bring to the notice of this Court the mala fide exercise of power by some high Government officials and to seek intervention of this Court by way of judicial review of such mala fide action. He has also argued that the action of the High Government ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... then, to decide whether such possession creates title in favour of the person in such possession. What constitutes adverse possession in law is also now well settled by the pronouncements of highest judicial authorities. Besides the above cases, in Secy of State for India in Council Vs. Debendra La..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....s reason, there is a distinction between judgments which have not been delivered and so have not become operative and those which have. In the former case, the alteration is out of Court. It is not a judicial act. It is only part of a process of reaching a final conclusion; also there is no formal p..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....ction from harassment and obtained a Rule. 8. The Metropolitan Magistrate, Dhaka by order dated 19.5.1999 sent the case record to the Chief Metropolitan Magistrate, Dhaka for recording Order for judicial Inquiry adopting the view that Judicial Inquiry was required to be held for ascertainment o..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
.... The Code of Civil Procedure, 1908 (V of 1908), Or XVII rule 1 Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....te reported in 49 DLR (HCD) 55 a Division Bench of this Court held that: “Having considered this question in the light of the evidence on record, we hold that the trial Court failed to apply its judicial mind as to the age of appellant Shiplu, who appears to have been below the age of 16 years ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....na Sohrab Katrak Faridsons Limited Vs. Government of Pakistan and Abdur Rahman Vs. Collector and Deputy Commissioner, Bahawalnagar and others, that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....not named in the list of accused persons and he was made a suspect therein. Learned Sessions Judge in granting bail by order dated 2‑5-2000 took into account facts and circumstance of case and judicial confessional statements recorded under section 164 and also statements under section 161 of..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....lf or for whose benefit a suit is instituted or defended under sub-rule (1) may apply to the Court to be made a party to such suit.” 13. This Rule requires that the Court should exercise a judicial discretion permitting some definite persons to sue or be sued on behalf of all the persons ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Category: Women and Children | Date: 26 May, 1999 | Hits: 98