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Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....search out the message but he did not get the trace of such message. 28. P.W.6 retired Assistant Inspector of police Shaker Kumar Chakraborty deposed that the Anti corruption department seized the judicial record of Akkalpur police station case No.2 dated 14.06.1991 from him while he was GRO of J..

Category: Criminal Law | Date: | Hits: 109

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....y unreasonable and perverse. It appears to me that the learned Sessions Judge Nilphamari started the case from wrong premises. 56. It further appears that the learned Court below did not apply its judicial mind to understand the intrinsic truth of this case and also to understand the defence vers..

Category: Criminal Law | Date: | Hits: 119

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....C 139. The principle laid down in Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan and others, (Supra) had been approved by our Supreme Court in the above quoted case. The dictum laid down by judicial verdict is that a co-sharer in possession of a property could not be said to be in unlawful..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....ty who has legal duty to perform and discharge his duties in a manner permitted by law so to do. These celebrated principles are universally accepted in the constitutional jurisprudence in matters of judicial review of administrative action or quasi judicial action/proceeding and, as such, there is ..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....wn in column 2 of the charge-sheet. 3. After submission of the charge-sheet the informant filed 2 petitions before the Sub-Divisional Magistrate, one in the nature of a naraji petition praying for judicial inquiry and the other for taking cognizance against the petitioner for an offence under sec..

Category: Criminal Law | Date: | Hits: 110

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....ation as that of the present one, Court is to examine the evidence with more than ordinary care so that the shocking nature of the crime may not induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law. For gauging natural probabilities Court is to examine the ci..

Category: Criminal Law | Date: | Hits: 104

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

.... contrary line of cases had, on the other hand, ruled that The Code drew no distinction between an appeal from an acquittal and an appeal from a conviction and no such distinction could be imposed by judicial decision. Queen-Empress Vs. Prag Dat (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusa..

Category: Family Law | Date: | Hits: 165

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ublic and the same was exclusively adjudicable by the Administrative Tribunal. 14. For all these reasons we are of the view that the learned Judges of the High Court Division failed to apply their judicial mind and they have misdirected themselves in making the Rule absolute. In the result, we fi..

Category: Employment/Service Law | Date: | Hits: 149

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

.... "It is well‑settled that no one has any vested right in any procedural rule and that therefore any change in the procedural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of course this can be done without affect..

Category: Election Law | Date: | Hits: 301

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

.... and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but an independent office of enquiry and investigation regarding corrupt..

Category: Constitutional Law | Date: | Hits: 228

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....urt under the provisions of the Act, 1965. This question is to be resolved first for the reason that if the petitioner was a worker then the next question would be whether he could avail the forum of judicial review under article 102 of the Constitution of the People’s Republic of Bangladesh (the ..

Category: Employment/Service Law | Date: | Hits: 156

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....stating that the petitioner was with her father. On 10‑5‑95 after the petitioner was divorced by respondent No.1 her father took her to his custody with written acknowledgement signing on a non‑judicial stamp and also by filing a GD Entry being No.491 on 10‑5‑95. It is further stated that ..

Category: Family Law | Date: | Hits: 166

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....mony of the witnesses, that the deed produced by the Chairman of the Village Court supported the suit of the defendant as to the suit land was of "Peer's Dagabari" and to that extent without applying judicial mind the High Court Division wrongly made the Rule absolute because of the facts based on b..

Category: Property Law | Date: | Hits: 116

Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...

Category: Criminal Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....cree holder Bank did not take any ground in the High Court Division that in spite of their prayer their application under Order XXI rule 90 of the Code of Civil Procedure has not been registered as a judicial Miscellaneous case and the executing Court having decided the application on merit and havi..

Category: Others | Date: | Hits: 140

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

....w cause notice on them cannot be accepted. 17. In the case of Farid Sons Ltd. Vs. Government of Pakistan reported in 13 DLR (SC) 233 it was made unambiguously clear that if the act in question is judicial or quasi judicial in nature and not administrative, the principles of natural justice wil..

Category: Others | Date: | Hits: 168

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....roceeding' means legal proceeding in the Court and not the searches or arrest or investigation made by the investiga­ting agency in exercise of the power conferred upon them by law. Proceeding means judicial proceeding which starts after submission of police report or complaint or after taking cogn..

Category: Anti-Corruption Laws | Date: | Hits: 142

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....enalties. While dealing with the offences and penalty in accordance with the different provisions of the said Chapter principle of natural justice must be observed in the procedure of departmental or judicial, for trial of Customs offences. This principle is certainly applicable as well upon the rul..

Category: Business or Commercial Law | Date: | Hits: 656

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

.... Secretary (Security) of the Ministry of Home Af­fairs, Govt. of Bangladesh, wherein it has been stat­ed that the detaining authority having been satisfied that the detenu was acting in a manner prejudicial to the financial and economic interest of the State passed the order of detention in the pr..

Category: Criminal Law | Date: | Hits: 109