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Category: Criminal Law | Date: | Hits: 124
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... case of no evidence so far as the condemned prisoners Siraj and Rajib are concerned and that they have been implicated in this case only because the confessing accused mentioned their names in their judicial confessions. Mr. Hossain further submits that no neighboring witness has been examined in t..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....s come before this Court and obtained the present Rule. 8. Mr. Mohammad Nazrul Islam, the learned Advocate appearing for the petitioner submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case mechanically remanded the suit after setti..Category: Procedural Law | Date: | Hits: 113
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....ssession of the plaintiff from the suit land are turtord and cannot be relied upon. 12. Considering the facts and circumstances of the case, I am of the view that the trial Court did not apply its judicial mind in dealing with the matter and passed the Judgment on the basis of mere surmises and c..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....he cases of Monsur Ali Vs. State 55 DLR (AD) 131, Khalilur Rahman Vs. State 33 DLR 12 and Abdul Baset Chowdhury Vs. State 13 BLC 713. 10. In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that since 9-8-..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case und..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....vidence as there is doubt regarding the genuineness of the oral agreement as because in numerous decisions this Court as well as of our Apex Court came to a conclusion that the Court should apply its judicial mind very cautiously while dealing with an oral agreement. Apart from that it appears that ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....ting his right to franchise, which, in our conÂcerned view, involves national interest. As such, in the given facts and circumstances the petitioner has locus standi to press the issue before us for judicial review. 35. Vote is a sacred trust of the nation and the correct use of ballot is a nati..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....the rule liberally for complete and effectual adjudication of the matters in issue. The question of addition of a party under rule 10(2) of Order 1 of the Code of Civil Procedure is, no doubt, one of judicial discretion but such discretion has to be exercised according to sound judicial principles k..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....e of a Judge of Appellate Division has been challenged in the writ petition calling upon a decision from the Judges of the High Court Division of the Supreme Court for the first time in the legal and judicial history of Bangladesh. Mr. Amirul Islam, the learned Counsel, very humbly submitted that th..Category: Constitutional Law | Date: | Hits: 353
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....tition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary disappearance which is being carried out by the Indian Government aga..Category: Constitutional Law | Date: | Hits: 421
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....and also speaks about conviction, it invariably refers to ordinary offences provided by the ordinary laws of the country and also refers to trial and conviction by an ordinary criminal Court with the judicial hierarchy or Special Tribunal created by ordinary law. 66. It was further observed by t..Category: Criminal Law | Date: | Hits: 202
Category: Civil Law | Date: | Hits: 101
Category: Procedural Law | Date: | Hits: 124
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....he Code of Civil Procedure has conferred on the District Judge a very wide discreÂtion in the matter of withdrawal and transfer of suits, appeal and other proceedings. This discretion, howÂever, is judicial discretion and therefore, it must be exercised for substantial reasons based on special fac..Category: Procedural Law | Date: | Hits: 108
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....with the Executive Authority in relation to property, trade, etc. He has cited a decision as reported in AIR 1996 SC 11 Tata Callular Vs. Union of India, in which requirements of tender, principle of judicial review applicable to contractual power exercisable by government were discussed and was hel..Category: Others | Date: | Hits: 174
Yasinullah Vs. State, 2003, 32 CLC (HCD)
.... for the petitioner cited the case of Md. Golam Mortuza Vs. State reported in 28 DLR 115. In that case it was decided that so long the allegation as contained in first information report has not been judicially determined the informant cannot be prosecuted under section 211 of the Penal Code. He nex..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....where there will be any allegation of mala fide by the Government in exercise of its power of retiring a person under secÂtion 9(2) of the Public Servant (Retirement) Act, 1974, this Court acting in judicial review is entitled to examine the service record of the concerned employee to ascertain whe..Category: Employment/Service Law | Date: | Hits: 157
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116