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Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....pellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall binding on all courts subordinate to it. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court......... (26) Lawyers Involved:..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... persons were not given proper opportunity to offer their explanations as to the guilt for which the convict-appellants have been prejudice. So, I find that the learned Judge has not applied his judicial mind in passing the order of conviction and sentence, as, such, the same is liable to be se..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....case and, as such, he was declared hostile. P.W.5 was the driver of the Police personnels. 36. 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, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Kamal Vs. State, 2012, 41 CLC (HCD)
....ise, from which, it appears that this petitioner has been entangled with this case out of enmity. He has further submitted that the learned Judge of the trial Court has completely failed to apply his judicial mind in passing the impugned judgment and order of conviction and sentence, as such, the sa..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....act, was served according to the provision of the Ordinance, 1985 for handing over or taking over the disputed building. According to section 114(e) of the Evidence Act, it is to be presumed that judicial and official acts have been regularly performed. 21.It has been now well settled by di..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....together for hearing and disposed of by this single judgment. 2. In Writ Petition No.5073 of 2012, the petitioner challenges a decision and order dated 6-3-2012 passed by Review Panel-2, a quasi-judicial body constituted under Section 30(3) of the Public Procurement Act, 2006 (hereinafter refer..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....ustified to reject the prayer on the ground that such course would delay the disposal of the suit. The learned Advocate-on-Record has lastly submitted that the High Court Division failed to apply its judicial mind in the facts and circumstances of the case in sifting the evidence on record, particul..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....mity with law that require reconsideration. The doctrine of precedents has become a part of our law. And precedents are given a constitutional sanction by Article 111. The binding nature of judicial decisions is derived from statutes or conventions. It is observed by Shelat, J in Shama Rao..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....r arbitrary or irrational or by exercise of abuse of power, the court will not interfere. If the policy cannot be faulted on grounds of arbitrariness/or irrationality or perversity or mala fide, judicial interference is impermissible even if it hurts the business interest of a party. Court c..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... to refund the deducted Advance Income Tax (AIT) to the petitioner, which may be raised for consideration and an appropriate decision can be arrived at. 26. Here it is beneficial to refer to the judicial pronouncement of the Supreme Court of India in State of UP v Bridge & Roof Co. (India) ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....arrested in the case. The learned Metropelitan Magistrate directed for production of the case diary and fixed 8th October, 2009 for passing necessary order, and sent the accused-respondent into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....se and no occurrence took place on 07.06.1999 as alleged, since Mosonullah died a normal death before 22 years. 4. The complainant filed Naraji petition. The learned Magistrate sent the case for judicial inquiry to the learned Magistrate, 3rd Class, who after inquiry sent report on 14.05.2002 t..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
.... out of the room and went to the Chairman of the locality and informed the matter to him and in the morning he went to the Meherpur police station and lodged the FIR. The police came and on the extra-judicial confession of the accused police arrested the accused-appellant for committing the murder o..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....st a Judge of the Supreme Court. If in the course of its proceeding, Parliament is found to have done any act or thing which impinges upon the independence of the Supreme Court in the exercise of its judicial functions, then Parliament cannot claim privilege under Article 78 as such a claim would re..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....cused persons after framing formal charge against them under sections 302/201/109/34 of the Penal Code. The trial court, on consideration of the evidence adduced by the prosecution including the judicial confessional statement of the accused Mokbul found this accused-petitioner Jamat and t..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....ently by order dated 28th October, 1996 directed for recording the said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ petitioners then sought for judicial review of the said order in the High Court Division. The Secretary, Ministry of Lands, con..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143