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Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....d before them for transmission to the appropriate Court for taking cognizance and for trying the case. In such cases the Sub-divisional Magistrates or the Upazila Magistrates are merely discharging judicial functions according to the provisions of the Code of Criminal Procedure and are not functio..Category: Criminal Law | Date: | Hits: 103
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... cases of Monsur Ali Vs. State, 55 DLR (AD) 31; Khalilur Rahman Vs. State, 33 DLR 12 and Abdul Baset Chowdhury Vs. State, 13 BLC 713. 12. 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 since 13-1..Category: Civil Law | Date: | Hits: 93
Category: Procedural Law | Date: | Hits: 165
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ivil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code. 19. The preponderant judicial views emerging out of the authorities of this Subcontinent are that if an alternative rem..Category: Procedural Law | Date: | Hits: 162
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so-called uncorroborated extra judicial oral confession of the convict-appellants. The learned Advocate has lastly submitted that..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....dispute in question. 14. Moreover we cannot ignore the fact that the impugned decision was given by the Ward Commissioner on 21.05.2007 and the Rule was issued by this Court on 03.06.2007. We lake judicial notice of the fact that, in the meantime, new laws namely স্থানীয় সরক..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....e contrary the submissions advanced by the learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. 20. In view of discussions made above and the preponderant judicial views emerging out of the authorities referred to above I am of the view that the impugned ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
.... 6. Court has power to order interim measures despite arbitration agreement. Article VI(4) of European Convention provides 'A request for interim measures or measures of conservation addressed to a judicial authority shall not be deemed incompatible with the arbitration agreement, or regarded as..Category: Alternative Dispute Resolution | Date: | Hits: 506
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... section 174 Inquest Report Inquest report under section 174 Cr.P.C. is an official investigation into an incident, especially an inquiring into a sudden and unexpected death. It is a legal and judicial inquiry to ascertain or decide a matter of fact to find cause of death, which is unknown. T..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ckingly unreasonable and perverse. It appears to us that the learned Additional Sessions Judge, Naogaon 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 ver..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....nlarge a convict has not been clearly stated under the provisions of sub‑section (1) section 426 but that discretion is to be exercised in consonance with the practice of the Court and well settled judicial pronouncements and norms. Before liberation when there was no heavy pressure of pending cri..Category: Criminal Law | Date: | Hits: 87
Category: Others | Date: | Hits: 113
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
.... evidence independently blindly supported the finding of the trial Court in dismissing the suit of the plaintiff. The learned Counsel finally submits that both the Courts below without applying their judicial mind and without proper assessment of the evidence on record and by misreading and non cons..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....xamination of the doctor is not always fatal. It depends upon as to how the other witnesses have been able to prove the occurrence of the case…………………………….(33) Confession and judicial confession Judicial confession if it is found to be true and voluntary, can indeed form..Category: Criminal Law | Date: | Hits: 158
Category: Property Law | Date: | Hits: 82
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....present 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 decree without applying it judicial mind. He next submits that the judgment of the Court of appeal below was passed in a slipsh..Category: Procedural Law | Date: | Hits: 115
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....l Procedure before this Court and obtained the present Rule. 5. Mr. Md. Hasan Ali, the learned Advocate appearing on behalf of the petitioners, submits that the Court of appeal below did not apply judicial mind and arrived at a wrong decision and the judgment and decree passed by it ate neither p..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....ys rest on the prosecution and on its failure, it cannot fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial and not by an isolated scrutiny..Category: Criminal Law | Date: | Hits: 74
Category: Property Law | Date: | Hits: 121
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....screpancy coming out from the mouths of prosecution witnesses and to separate truth from falsehood and grain from chaff. The proof of charge which has to be beyond any speck of doubt must depend upon judicial evaluation of the totality of evidences, oral and circumstantial and not by an isolated scr..Category: Criminal Law | Date: | Hits: 98