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Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
.... title appeal was illegal and without jurisdiction inasmuch as 17.8.88 was fixed for taking steps by the appellant and it was not fixed for hearing but the learned District Judge without applying his judicial mind dismissed the Misc. Case No.26 of 1988 on account of not taking steps and as such the ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....ctly true, the evidence falls very far short of such an acknowledgment as would confer the status of legitimacy upon an illegitimate child. 29. In Ghaganfor V. Kaniz Fatima, their Lordships of the judicial committee said: “The learned Judges fully recognized that prolonged cohabitation migh..Category: Family Law | Date: | Hits: 318
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....ction 3(2) of the Special Powers Act. The District Magistrate passes an order on such recommendation of the police. We do not understand how the District Magistrate can pass an order without applying judicial mind because he exercises the powers as a Magistrate not as an executive officer. Copy of t..Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....this case. 4. On behalf of the convict petitioner the learned Advocate Mr. Abdus Sobhan Tarafder with Mr. AKM Moniruzzaman submits that it is a case of no evidence. He has submitted that the extra judicial confession by the convict petitioner is not admissible in evidence since it has not been co..Category: Criminal Law | Date: | Hits: 62
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....It appears that in the defendant's application under Order 7 rule 11 there was reference to the earlier suit and the learned Assistant Judge did not take notice of this. He has failed to exercise his judicial discretion properly and has thereby committed an error of law resulting in error in his dec..Category: Civil Law | Date: | Hits: 104
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....uiring body paid the amount of compensation to the government". There is no gainsaying the fact that the High Court Division based its decision relying upon the earlier judgments without applying its judicial mind to the issue and law point decided in the earlier writ petitions. 11. Admittedly Ra..Category: Property Law | Date: | Hits: 93
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....992 filed an application for changing the enquiry officer; that the Thana Magistrate without withdrawing or canceling or even recalling his earlier order dated 26.07.1992 passed another order for judicial enquiry and report by a Magistrate, Second Class, Perojpur. 4. Mr. Mahbubay Alam, Senior..Category: Criminal Law | Date: | Hits: 165
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....is 30 days. Under Order 41, rule 22(1) CPC the period of limitation for preferring a cross‑objection is one month. Superficially, there is hardly any distinction between 30 days and one month. By judicial interpretation it had been held that the two are not identical. The mode of calculation on ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....the process of a Court of law is abused and or misused in a properly constituted petition". In arriving at such conclusion the High Court Division quoted the observations of the House of Lords, "in judicial review first three charges of the case were quashed, since committal on the fourth was inde..Category: Anti-Corruption Laws | Date: | Hits: 214
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....arned Advocate on the question of using different stamp papers which does not appear chronologically submits that agreement for sale/bainapatra was written on 5 pages of which one in hundred Taka non judicial stamp and another one of fifty taka non judicial stamp as such there are different serial n..Category: Property Law | Date: | Hits: 100
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....o define and point out their duty in every particular case that conies before them. Courts of law are essential to act and assume their role as guardians of the rule of law. It is said that source of judicial power is the law but, in reality, the effective exercise of judicial power originates from ..Category: Civil Law | Date: | Hits: 90
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....d about the share of Afezuddin but he remained silent with regard to the share of Momin uddin. The learned appellate Court without considering the material evidence on record and without applying his judicial mind and without proper assessment of evidence on record came to a wrong and erroneous find..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....rge, it is enough if the Court is of the opinion that there is ground for presumption that the accused has committed the offence. The formation of such opinion is dependent only on the application of judicial mind based on materials collected from the record of the case. On State reported in 17 DLR ..Category: Criminal Law | Date: | Hits: 286
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....e High Court Division erroneously quashed the conviction and sentence of the respondents. The learned Additional Attorney General next submits that the impugned order clearly shows non-application of judicial mind by the learned Judges of the High Court Division as the matter involves the question o..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....party is distinguishable on facts. 19. For the reasons stated above, we are inclined to hold that both the Courts below erred in law in passing the impugned judgments without properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... trend of cross-examination the case of the defence in short, is that, they have been implicated in this case falsely. They were not in any way connected with the alleged murder and the alleged extra judicial and judicial confession of accused Ashraf Ali is not a true and voluntarily one, rather the..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....roceeding taken under Article 15 of PO 16 of 1972 relating to an application for the release of an abandoned house made before a prescribed authority being an administrative tribunal exercising quasi judicial functions, an aggrieved party is entitled to obtain a certified copy of the relevant papers..Category: Property Law | Date: | Hits: 65