Search Options
Judgment Advanced Search
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....ng initiated against another co-accused Nurul Anowar was also quashed by a Division Bench of this Court, but the fact remains that the fate of the decisions in respect of 2 accused is subject to judicial scrutiny by the higher forum. We find from the prosecution materials that the pre..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....g, P.W.11 Riazul Islam and P.W.12 Md. Rubel Ali saw the condemned prisoner taking away the victim and that they also saw the accused last with the victim; 4. the condemned prisoner made an extra judicial confession and he admitted that he killed the victim Shuvon; 5. the condemned prisoner..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
.... of applicability of the same with retrospective effect. According to the author, Justice GP Singh, the usual reason for passing a declaratory Act is to set-aside what Parliament deems to have been a judicial error whether in the statement of the common law (Judge made law) or in the interpretation ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....r the appellant having taken us through the materials on record including the impugned order submits that the learned Joint District Judge while refusing the appointment of receiver did not apply his judicial mind to the essential element as to whether the property involved therein can be protected ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... been approved by the Full Court of the Supreme Court, the Tribunal had no jurisdiction to interfere with the impugned order of retirement inasmuch as the said approval by the full court was not judicial order. He submits that the decision for compulsory retirement, even approval by the full Co..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....court is required to assign reasons for disbelieving a witness if it does not agree with the reasons assigned by the trial court. Anything short of that may not be regarded as proper exercise of judicial power what is expected from it to exercise in accordance with established norms. We find no..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....arbitrary or unreasonable exercise of public power by the Government or in similar circumstances by any public authority. Rather Saiful Islam (supra) seems to be representative of the common trend of judicial opinion in which Ruhul Quddus, J, held that the statutory discretion is never absolute and ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... phrase which better expresses the under lying concept, what the requirement of fairness demand when any body, domestic, administrative, or judicial, has to make a decision which will affect the rights of individuals, depends on the charact..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....he first case (Kotwali Police Station Case No.24 dated 12.08.2004), the seizure list, the Mortgage Registers and the Ledger Accounts Book, we cannot just ignore them and we consider it proper to take judicial notice thereof to decide as to whether we should exercise the power vested in this Court un..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....n cannot take the place of positive evidence, (2970 P Criminal LJ 166)….53 Credibility of witness whether oral and circumstantial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious quest..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....ental, as opposed to sub-stitutional, role of the Tribunal constituted under Article 117 of the Constitution was already conceded and permitted to the Tribunals in Mujibur Rahman case and no power of judicial review under Article 102(2) was conceded to the Tribunals in that case. The writ petitioner..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
.... in Queen Vs. Gray, (1900) 2 QB 36(5) at page 40 wherein his Lordship observed, "Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act, as contrary to law or the public good, no Court could or would treat that as contempt ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....sification 'notification issued by private individual and corporation etc' But, letter dated 12-2-2012 was never published in any Gazette Notification. He then submits that the court can take judicial notice of these two notifications published in Bangladesh Gazette and brought the same to t..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....hy;able cause for obtaining injunction or attachment and also that the defendant was affected by malice which is an improper motive. 11. A distinction can be drawn between acts done without judicial sanction and acts done under judicial sanctions improperly obtained. Proof of malice is not..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law. Enunciating the age old ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....la fide in terminating the agreement or contract with the plaintiff.' 19. Natural Justice has no definition. It is to be inferred. It must be without bias and should render the decision in a judicial spirit and in accordance with the principles of substantial justice and fair play in action..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... the appellate Court cannot invoke its inherent power if it finds necessary to meet the ends of justice or to prevent the abuse of the process of the Court. There is inherent right to a litigant to a judicial proceeding and it requires no authority of law, to see the correctness of the judgment. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15