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Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... In the instant case the then Foreign Minister Dr. Kamal Hossain, Respondent No.4 executed the agreement on behalf of the President of Bangladesh; as such, it cannot be brought within the mischief of judicial review under writ of Certiorari. 7. On such submissions my learned brother expressed his..Category: Constitutional Law | Date: | Hits: 314
Category: Procedural Law | Date: | Hits: 146
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....ed petitioner has been disclosed only by the informant, P.W.1 and there is no other witness to corroborate the allegation as made by the informant. He also submits that Courts below did not apply its judicial mind in convicting and sentencing the petitioner as nothing was recovered from the posses..Category: Criminal Law | Date: | Hits: 87
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....on of decision rendered and conclusion reached by learned Subordinate Judge indicates that learned Subordinate Judge did not apply her mind in resolving controversy and there had been a total lack of judicial approach. No reason had been assigned except that the case had been laid within time prescr..Category: Procedural Law | Date: | Hits: 104
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....am Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at complainant's said house by executing a 'Chuktipatra' (agreement) on a non-judicial stamp paper worth Tk.3/-. In terms of the agreement the accused undertook to perform the ..Category: Criminal Law | Date: | Hits: 362
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....der of detention was served on him on 25.3.92 detaining him for a period of 120 days. The said order contained the statements that it has become necessary to prevent the detenu from his activities prejudicial to the sovereignty of Bangladesh as well as to the maintenance of friendly relationship w..Category: Criminal Law | Date: | Hits: 156
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....re any court or tribunal. Therefore the question of inconsistency of any of the provisions of the Regulations with the provision of section 25 of the Standing Orders Act with respect to the forum for judicial redress does not arise. On the other hand, Article 31 of the President’s Order No.26 of 1..Category: Labour and Industrial Law | Date: | Hits: 176
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....not find that the impugned Gazette Notification suffers from any want of authority. It is perfectly within the authority vested under Regulation No.2(1) of the Regulations, 1829. It is now settled by judicial pronouncements of this Division and the Appellate Division that for inordinate delay a Writ..Category: Constitutional Law | Date: | Hits: 247
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....s now see what is meant by cognizance of an offence and what is meant by prosecution of an accused under the Code. 8. Cognizance means taking notice of an offence by a criminal Court initiating a judicial proceedings against the offender in respect of that offence or taking a steps to see whethe..Category: Criminal Law | Date: | Hits: 112
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....facie case has been made out, cannot be stifled. The learned Judge considered Article 52 vis‑a‑vis, 58 (2) of the constitution to conclude the advice rendered by the petitioner is not immune from judicial review. Thus, it is seen that the Judgment of the Division Bench is split one leading to tw..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....Judge, Noakhali under sections 435/439A Cr.P.C. 6. The historical background of the challenge is that in 1982 the Government made a policy decision to invest Executive Magistrate with sweeping judicial powers to try criminal cases, not just petty offences, but even offences not punishable wit..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....vert shortly. 5. It is a settled law that an amendment which changes the nature and character of the suit can not be allowed. The power of the Court under rule 17 is discretionary one and is to be judicially exercised on consideration of peculiar facts and circumstances of a given case and the Co..Category: Procedural Law | Date: | Hits: 133
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....vocates for the contemner in support of the affidavit of apology filed by their clients prayed for dropping the proceeding. 3. I have read the offending article written by Mr. Ashok K. Karmaker, a judicial officer of the Subordinate Judicial Service. We have also read the statements made in the a..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....্নীতির অভিযোগ” in which false and concocted allegations were made against him to lower him to in the estimation of others and thus defamed him. 3. It appears that after judicial inquiry cognisance was taken against the petitioner and ultimately charge, was framed again..Category: Criminal Law | Date: | Hits: 125
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
..... Arumuughon AIR 1990 SC 1828 para 10 and 11, Govinda Rao Vs. Devi Sahay, AIR 1982 SC page 989 para 60 and 61. 29. Mr. Islam submits lastly that the learned Joint District Judge having applied his judicial mind to the facts and circumstances involved in the suit has correctly arrived at a decisio..Category: Civil Law | Date: | Hits: 235
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....in the said definition clause of ‘worker’ or ‘workman’. 18. Thus, on consideration of the very language used in defining the terms ‘worker’ or ‘workman’ in the Ordinance and on the judicial pronouncements, referred above, it leaves little doubt that the teachers of such schools do..Category: Labour and Industrial Law | Date: | Hits: 184
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....the award rule of the Court simply on the ground that no objection was filed by the present petitioner before him under section 33 of the Act. But the statute is there and the Court was bound to take judicial notice of it. It is not necessary that the party should file objection to the award under s..Category: Alternative Dispute Resolution | Date: | Hits: 291
Category: Property Law | Date: | Hits: 120
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
.... speaks about "conviction", it invariably refers to ordinary offences provided for by the ordinary laws of the country and also refers to trial and conviction by an ordinary Criminal Court within the judicial hierarchy or a Special Tribunal created by an ordinary law. The ordinary laws of the countr..Category: Election Law | Date: | Hits: 220