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Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....wer appellate Court could have sent the case back to the trial Court for writing a proper judgment in accordance with law but the lower appellate Court has not done so and thereby failed to apply his judicial mind. I therefore find the initial legal infirmity in the judgment of the trial Court. 9..Category: Property Law | Date: | Hits: 77
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....rders and other materials on record submits that in the facts and circumstances of the case the Artha Rin Adalat seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....ite innocent and they have been falsely implicated in this case basing on the inadmissible confessional statement which were procured by torture and coercion; that the trial court did not apply his judicial mind in analyzing the deposition of P.Ws. and their cross examination and that the prosecut..Category: Criminal Law | Date: | Hits: 106
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....d Advocate appearing with Ms. Afsana Begum on behalf of the defendant petitioner submits that the trial Court below without giving chance to examine any witness by the petitioner and without applying judicial mind rejected the Miscellaneous Case but it is well-settled that under valuation to the kno..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ered Peace Accord has been translated into legislative action producing the four pieces of impugned legislation. In this Court's view these Impugned Acts more aptly constitute the subject matter of judicial scrutiny. There are other provisions in the intricately stranded Peace Accord that are admi..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
...., P.W.1 and 2 have not dared to tell the complete truth still they have admitted their respective signature in the seizure list which indirectly speak the genuineness of this case. Court can take a judicial view as to genuineness of the prosecution case in view of prevailing deteriorating law and ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....d in 6 BLC 604, a Division Bench has held as under: "If, however, the Magistrate accepts the police report and discharged accused against whom final report has been submitted, said order becomes a judicial order as per provisions of sub-section (2B) of section 202 of the Code of Criminal Proced..Category: Criminal Law | Date: | Hits: 84
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....: "13. 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 lawas well as the judicial convention, which is very much effective in the Court of law. Enunciating the age-old maxim..Category: Criminal Law | Date: | Hits: 99
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....llowed in appropriate cases depending upon the circumstances of each case. No hard and fast rule can even be laid down nor can there be any rule of practice upon basis of which such discretion can be judicially exercised. Mere heinousness of the offence is not by itself a circumstance to take away t..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....eed dated 13.1.1951 along with mortgage deed dated 20.8.1997 and the schedule of Annexures-F and F-1 have misconceived the whole thing and have passed the impugned judgment and order without applying judicial mind. The impugned judgment and order is not sustainable in law. Both the Courts below have..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....he accused petitioner under section 265C of the Code of Criminal Procedure. Such non-consideration of the facts on the part of the learned Sessions Judge, Rangpur clearly shows his non-application of judicial mind to the materials on record. 32. As per decision cited in the case of Md. Sami Ullah..Category: Criminal Law | Date: | Hits: 99
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....lumn 5 and in that respect he noted down the reply of the accused, and on his satisfaction gave a certificate to the effect that the confession was true and voluntary and forwarded the accused to the judicial custody, that he used plain paper in completing the recording of confessional statement as ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....the end of the remand period she was again produced before the CMM and a bail petition was moved on behalf of the petitioner. The learned CMM rejected the bail petition and ordered for sending her to judicial custody (hajat). But the CID which took up investigation of both the cases made a prayer fo..Category: Criminal Law | Date: | Hits: 107
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....ch as course of justice cannot be made sterile and defected on the plea. If guilty person goes unpunished and stand acquitted, Justice System shall break down and public shall loose confidence in the judicial system which has also got a public accountability. It is true to say with viscount simonus ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....tances in its bottom. He sent the said liquid to the chemical expert for examination and also obtained a report thereof where the expert had opined that it was the Sulfuric acid. He also recorded the judicial statement of the victim under Section 19 of the Ain and thus submitted a charge sheet under..Category: Criminal Law | Date: | Hits: 103
Category: Civil Law | Date: | Hits: 127
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ded under section 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that if is not possible desirable or expedient to lay down any inflexible rule w..Category: Criminal Law | Date: | Hits: 104
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....e Gazette showing the same in Ka list has no basis it has been rightly held that the same was done without jurisdiction. We find that the Court of Settlement acted with jurisdiction on application of judicial mind to the facts and circumstances of the case and duly considered the question of limitat..Category: Property Law | Date: | Hits: 113
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
.... DLR (AD) 58 may readily be referred, wherein it is held, "The Magistrate is not bound to accept the recommendation made by the investigating officer in his report, but he is required to apply his judicial discretion and he may disagree with the investigating officer. If the recommendation is t..Category: Criminal Law | Date: | Hits: 85
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....pal. 20. In the instant case no power has been given to the plaintiff to institute any suit against the defendant No.1 or against the principal. The Courts below have deliberately failed to take judicial notice of the term of the Power of Attorney and the authority of the plaintiff, to institut..Category: Civil Law | Date: | Hits: 115