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Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....iminal case, the court cannot proceed to consider the evidence of prosecution witnesses in a mechanical way. The broad features of the prosecution case, the probabilities and normal course of human conduct of a prudent person are of some factors which are always kept in mind while evaluating the m..Category: Criminal Law | Date: | Hits: 84
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....for the petitioner, it has been observed: "The learned Judges of the High Court Division upon reading the petition complaint rightly held that the petitioner could not impute any mens rea in the conduct of the respondent for refusing to pay money on the basis of alleged agreement and, as such, ..Category: Criminal Law | Date: | Hits: 92
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....due to its own fault or for the fault of the Bank being a disputed question of fact it cannot be decided in summary Writ jurisdiction. 19. Lastly, we feel it necessary to add a few words about the conduct of the writ petitioner. The petitioner earlier filed a suit being No. 122 of 1994 against th..Category: Constitutional Law | Date: | Hits: 334
Category: Property Law | Date: | Hits: 102
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....re settlement of issues…………….(17) The Learned Judge after passing the impugned order cleverly, minutely and masterly added further line which only not been heinous, contemptuous but a misconduct on the part of the presiding judge and specifically open his mind that he is interested in d..Category: Procedural Law | Date: | Hits: 179
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ding tax of taka 81,91,720.00 in collusion with each other and thereby, committed the offence under section 409 read with section 109 of the Penal Code only. 33. In the charge sheet, offence of misconduct under section 5(2) of Act II of 1947 was for the first time added. In the charge sheet, vari..Category: Fiscal/Taxation Law | Date: | Hits: 246
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....nto consideration any relevant matter including allegations against him and it is for the Board to decide whether the employee concerned should be punished or should be simply terminated. Even if the conduct of an employee appears to be such a one which calls for punishment, it is wholly for the Boa..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
.... petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the electio..Category: Election Law | Date: | Hits: 591
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....icer to take all steps in the matter of recording dying declaration of Shah Alam Babul. This speaks volumes about the veracity of dying declaration. This is, also, a clear manifestation of the unfair conduct of interested persons to get dying declaration of Shah Alam Babul recovered and the whole pr..Category: Criminal Law | Date: | Hits: 85
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....igned the dying declaration on 28‑10‑97. This witness also issued injury certificate after examining the wound stating that Panna sustained injury by a gun shot. 20. P.W.12, ASI Md. Abu Hanif, conducted the inquest on the dead body of deceased Panna after he died in the morning on 20‑10‑9..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....lection of the respondent No.5 is liable to be set aside. He denied that he did not take steps in respect of any irregularity in relation to the instant election. He also denied that the election was conducted in accordance with law. 19. In cross-examination the Petitioner admitted that he aid no..Category: Election Law | Date: | Hits: 300
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....on of circumstantial evidence should be reflected in the ultimate decision.........................(46) The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 44 The terms 'misconduct' and 'moral turpitude' mentioned in sub-section (3) of section 44 of the Act and defined in ..Category: Employment/Service Law | Date: | Hits: 169
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....r on a Metropolitan Magistrate under the Code or under any law for the time being in force and with the previous sanction of the Government, he may make rules consistent with the Code to regulate the conduct and distribution of business and the practice in the Courts of Metropolitan Magistrates and ..Category: Criminal Law | Date: | Hits: 114
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....admitted in the written statement. The defendants, however, in substantiating their stand to ward off liability, stated that on receipt of the cheque for Taka 150,000 bearing number 1130301, the bank conducted necessary examination through the computer, compared the signature on the cheque with the ..Category: Criminal Law | Date: | Hits: 130
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ning when it was known to everyone that the dead body of an unknown man has been found in the adjacent guava garden the accused had left the house of P.W.26 leaving the motorcycle. His such unusual conduct clearly points out the involvement of the accused with the occurrence of the murder. So, t..Category: Criminal Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....h Court Division has been blamed though was not involved in any way and that it cannot be said that the learned Registrar, Supreme Court, has acted bonafide. In the premises, it is necessary that the conduct of the learned Registrar need be enquired into through Full Court of the High Court Division..Category: Constitutional Law | Date: | Hits: 361
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....o refund the proceeds collected against the forged cheques. With the proven fact that the cheques are forged, recipient of the forged cheques is althrough untraced and the address given is false, the conduct of the Defendant-Appellant with its fellow banker does not seem to conform the law, practice..Category: Business or Commercial Law | Date: | Hits: 548
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....he general ordinary conduct of a daughter or for that matter of any children as being foreign to human nature. If not proved to be otherwise being an exception in a given case of which normal human conduct or behaviour acting in good faith would be taken notice of by a Court under section 114 of t..Category: Trust/Waqf Law | Date: | Hits: 134
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....er refers to the case of Shahera Khatun Vs. State, 6 BLC (2001) 604. 6. Dr. Md. Bashir Ullah, the learned Assistant Attorney-General, on the other hand, submits that police has unfettered right to conduct further investigation whenever new facts are forthcoming before them. He further submits tha..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....lainant, Sonali Bank, Ramna Corporate Branch, Dhaka the drawee. It also appears that the accused-petitioner as managing director of the Company was in charge of and responsible to the Company for the conduct of its business. Thus he was responsible for bouncing the said cheques and thereby committ..Category: Criminal Law | Date: | Hits: 138