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Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
.... 8. The question whether there is an apprehension of breach of peace is a question for decision of the learned Magistrate based on his subjective satisfaction. This satisfaction is of course a judicial satisfaction and must be based on objective materials. I have been taken through the eviden......be appointed as Additional Sessions Judge, with the result that the Assistant Sessions Judges deemed to be appointed as Assistant Sessions Judges may exercise all the powers and discharge all the functions of the Additional Sessions Judges conferred upon the Additional Sessions Judges under the ..Category: Procedural Law | Date: | Hits: 116
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....mned prisoners Rokeya Begum, Shahidul Islam and Md. Kamal submits that there is no eye witness of the occurrence in this case and that the conviction of the condemned prisoners is solely based on the judicial confessional statements made by condemned prisoners Nazma Sarker @ Beauty and Rokeya Begu......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... that order an appeal being Miscellaneous Appeal No.186 of 1974 was filed before the District Judge, Bakerganj by Mrs. Nadira where it was alleged that the Administrator of Wakfs without applying his judicial mind and on the basis of no evidence, had passed the illegal order, removing the petitioner......Rahman not only was improperly appointed as Mutwalli of the said Estate on 29.7.64 by the Wakf Administrator but that she never had managed or looked after the Wakf Estate or had performed any of the functions imposed by the Wakf deed, she had misappropriated Taka 2,000/- and also obtained the order..Category: Trust/Waqf Law | Date: | Hits: 134
....e purpose of inquiry into a matter and when under the law the decision of that Tribunal is final, not to be challenged before any other Court or on appeal, the High Court in exercise of its powers of judicial review under Article 102 of the Constitution and also in its supervisory capacity, would be...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
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Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....r it appears that the learned Subordinate Judge has totally ignored the provision of Order 9 rule 13 of the Code of Civil Procedure in deciding the case. He does not appear to have at all applied his judicial mind to investigate and determine the basic questions involved in the case before him under...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
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......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..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......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..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......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..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...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ..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......n 67 of the original Acts as brought about by Section 31 of the Impugned Acts Nos.9 and 10, and Section 30 of the Impugned Act No.11, which provides that if coordination is needed in the discharge of functions of the Government of Bangladesh and the Council, each party can give specific proposals to..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 ......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..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......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......and took second wife on 17‑8‑1975 without obtaining permission from the complainant or the Arbitration Council. It was held in this case that Article 6 of President's Order No.7 provided that the functions of the Chairman of local councils shall be performed by such person as the Government may ..Category: Procedural Law | Date: | Hits: 105
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......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..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......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..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......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ...... as amended by S.R.O. No.42-Ain/2009 dated 12.3.2009. As the Ward No.53 was not adjacent to Ward No.55 where the petitioner had been performing as Nikah Registrar, his additional charge of performing functions of Nikah Registrar for Ward No.53 was withdrawn by the impugned Memo dated 17.5.2009. It h..Category: Civil Law | Date: | Hits: 130
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......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..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 ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..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......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
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