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Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....another Vs. Mashiur Rahman and others reported in 50 DLR (AD) 205 where their lordships observed in paragraph no. "18. It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any Court of law whenever it..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
.... section 200 of the Code of Criminal Procedure. But before taking cognisance the learned Special Judge vide order dated 24‑8‑92 sent the matter to the Additional District Magistrate, Bagerhat for judicial enquiry and report. Thereafter, the Additional District Magistrate, Bagerhat enquired into ..Category: Criminal Law | Date: | Hits: 130
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
.... Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the High Court Division exercises..Category: Constitutional Law | Date: | Hits: 222
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....um sentence of imprisÂonment for life upon him. As a consequence of such pronouncement, a young man, aged about 25 years, has remained incarcerated for almost seven and half calendar years. 67. A judicial officer, and that too of the rank of an Additional Sessions Judge, is required to evalÂuat..Category: Criminal Law | Date: | Hits: 62
Category: Administrative Law | Date: | Hits: 299
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of a bias in a judge, but is a question as to whether the litigant may have reasonable apprehension about a fair trial. The test is whether a man of ordinary prudence may have an apprehension about a judicial officer's ability to maintain a standard of even-handed justice in regard to a particular c..Category: Procedural Law | Date: | Hits: 179
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
.... 24. Under sub-section (46) of section 2, a 'person' includes an individual, a firm and an association of persons, a Hindu undivided family, a local authority, a company and every other artificial judicial person. 25. From the above definition of "Assessed" and "Person" what is clear is that a..Category: Fiscal/Taxation Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....o the words used in the statute, for the Legislature is deemed not to waste its words or to say anything in vain. 56. There thus is a broad division of functions such as executive, legislative and judicial in our Constitution. The Legislature lays down the broad policy and has the power of purse...Category: Fiscal/Taxation Law | Date: | Hits: 246
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....ich must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutin..Category: Criminal Law | Date: | Hits: 85
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....e Courts below are liable to be set aside on this sole point. 22. The learned Attorney General Mr. Mahbubey Alam finally argued that the instant case is a burning example of non-application of the judicial mind by the Courts below and upon apparent wrong assessment of the evidence on record the C..Category: Property Law | Date: | Hits: 88
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....ject to remedies such as certiorari and mandamus (Wade and Forsyth's Administrative Law. 9th edition, page 547)" So, the finality clause in a statute governing domestic body or tribunal is subject to judicial review particularly when the principle of natural justice and fairness is in issue. In Re D..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... as well as particular provisions of law were referred to District Judge it was his obligation to go through and give his opinion about their applicability or otherwise in the case. This is a kind of judicial act which cannot but be strongly disapproved……………(15) There is no reason to gi..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....land he should establish his civil right thereof through a civil Court. The learned Court below by framing charge in the instant case against the accused petitioners under section 420 failed to apply judicial mind that such offence requires dishonest inducement by a person in order to deceive in del..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....d trustworthy………………………21 Enhancement Rule Question of sentence is a matter of discretion of trial Court and when that discretion is properly exercised along with the accepted judicial line, the appellant Court should not interfere to the detriment of the acÂcused. But inter..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....edÂed to decide other matters, and recorded its decisionon maintenance and dower as stated earlier. 20. But the learned Additional District Judge, as the appellate Court, did not at all apply his judicial mind to the evidence on record. He recorded a findÂing as follows:— “বিষযà¦..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....u is detained and required the body of the detenu alleged to be unlawfully held in custody or restrained of his liberty to be brought before the Court that appropriate judgment may be rendered upon a judicial enquiry into the alleged unlawful restraint. The detention of a person being an encroachmen..Category: Criminal Law | Date: | Hits: 114