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Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....efence has not brought on record this deviation by cross-examining the maker of the FIR. Non-mentioning of the time of occurrence is certainly an error which has occurred due to non-application of judicial mind by the learned Sessions Judge while framing the charges but despite such error, the a..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....der the said penal provision which got affirmation by the learned Sessions Judge, who passed the impugned judgment and order. It is submitted that the impugned order passed without application of his judicial mind. Moreover, when the accused-petitioner was once discharged in the case and said order ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....lity or impropriety on the part of the learned Special Judge in taking cognizance of the offences and also in framing charge against the respondent. The High Court Division without application of its judicial mind quashed the proceedings. Since charge had already been framed in the case against the ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....appeals are filed against the same judgment the ends of justice requires that both the appeals are heard together in order to avoid conflicting decision. The Taxes Appellate Tribunal not even a quasi judicial authority, is a pure judicial authority and therefore the same practice is also applicable ..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....dow. They informed the matter to Uttara Police Station and accordingly police came to the place of occurrence. The accused opened the door and police arrested him from the room. He made an extra-judicial confession before the public that he killed his wife. Police also recovered the blood ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....nes its dignity and prestige. Scandalizing the Court is a worst kind of contempt. Making imputations touching the impartiality and integrity of a judge or making sarcastic remarks about his judicial competence is also a contempt. Conduct or action causing obstruction or interfering wi..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in capability of the said Judge to perform the judicial work. If explanation of the learned Judge is accepted, then it is clear that he refrai..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....rry out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the Government or of the public authority to make. There is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear, sound and positive f..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... is a dictate not from a code of law, but a higher code of honour, which, if disregarded, offends not only the rules of the profession, but strikes at the heart of the confidence of the public in the judicial system itself. If people lose confidence in the legal profession for the deviant behaviour ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....the Penal Code and non-FIR named accused, Milon and Selim under sections 302/109/34 of the Penal Code; the police submitted final report against the accused-petitioner. Eventually, there was a judicial inquiry on the basis of naraji petition filed by the informant and on the basis of the rep..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....he Constitution and they had the locus standi to file the writ petitions. 19. The learned Attorney-General also sought to knock out the writ-petitioners from their right to invoking the power of judicial review of the High Court Division under article 102 of the Constitution on the submission t..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....he property to the auction purchaser does not arise at all. Therefore, I find merit in the submission of the learned Advocate for the bank that the Artha Rin Adalat without properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject acted seri..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....learned Advocate appearing on behalf of the condemned-appellant Syed Abdullah Al Masud @ Tipu in Jail Appeal No.291 of 2007, contends that as per ejaha, it is a case of unknown murder and the alleged judicial confession of the accused Tipu is a product of police torture, oppression and maltreatment ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....esent appellant preferred this first miscellaneous appeal. 9. Mr. Golam Arshed, the learned Advocate appearing for the appellants submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case and law bearing on the subject most illega..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....njunction, the suit was converted into a title suit. Therefore, the trial Court ought to have dismissed Title Suit No.81 of 2006 as being not maintainable; the High Court Division failed to apply its judicial mind to consider this legal aspect of the case as well and thus erred in law in dismissing ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....uot;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 law as well as the judicial convention, which is very much effective in the Court of law. Enunciating the age-old maxim..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....ent of two witnesses (Exhbts.4 and 5). P.W.12 held autopsy upon the cadaver of the victim. 18. We should bear in mind, credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny, When dealing with the serious question o..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....ch is binding upon this Court. 21. It is important to note that there is world of difference between ''obiter dictum'' and 'ratio decidendi''. Obiter dictum is a judicial comment made during the course of delivering a judicial opinion which are not precedential ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....our of Mrs. Jahanara Abedin. In view of the fact, that the likeliness of practicing fraud upon the court/s in obtaining both the judgment and decrees cannot be brushed aside, this Court opines that a judicial inquiry should be held with a view to investigate into worries of this Court as to the genu..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8