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Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
.... did not refer to any settlement. In the observation of the lower appellate Court the word "settlement" was wrongly quoted. From the above, it appears that the lower appellate Court did not apply its judicial mind to the facts and circumstances of the case and the materials on record and arbitrarily..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....s view of the matter, I find that the above decision cited by Mr. Manjur‑ur‑Rahim is not of any assistance for the present case. 14. Considering the facts and circumstances of the case and the judicial pronouncements as referred to above, I am of the view that the present suit by the plaintif..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ltimately charge‑sheet was submitted on 23.4.1987 against only one accused named Jharu Meah and final report was submitted against the petitioners. After being apprehended accused Jharu Meah made a judicial confession before a Magistrate admitting that he was a member of the Sharbahara party and h..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....mitted to mention to the confessioner i.e. the condemned prisoner that irrespective of the facts if he confessed or not, he would not be handed back to the police custody and that he would be sent to judicial lock tip and since this caution was not given to the condemned prisoner the influence of th..Category: Criminal Law | Date: | Hits: 93
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....udge, the High Court Division either in the form of certiorari or in the form of mandamus under Article 102 of the Constitution shall question the legal basis for taking such actions. The established judicial norms are for academic matters, the Court should be very much slow to interfere with the ad..Category: Others | Date: | Hits: 112
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....se. This objection of Mr. Abdul Hossain is merely a technical one which has no legal basis at all. Mr. Abdul Hossain has just made such a submission, but he is unable to substantiate it by citing any judicial pronouncement in his favour. As such this objection of Mr. Abul Hossain is of no substance...Category: Company Law | Date: | Hits: 208
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....gal. It is interesting to note that the Labour Court having had declared the lay‑off notice illegal directed the petitioner to pay the lay‑off benefit, etc. This shows that it failed to apply its judicial mind in passing the order impugned on due consideration of the facts and the provision of l..Category: Labour and Industrial Law | Date: | Hits: 129
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....ed Mehdi Hussain reported in PLD 1970 (Lahore) wherein it was held: "The principle of natural justice, namely, audi alteram partem has, by now, been firmly established by the force of precedent in judicial system of Pakistan. There are innumerable pronouncements by the superior Courts particularl..Category: Criminal Law | Date: | Hits: 68
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....hearing the matter by his order dated 12.9.90 found that the victim girl being a minor and incapable of exercising her free will would go to the custody of her father, in default, she would remain in judicial custody. Accused Fakhrul Islam alias Liton was, however, granted bail. The accused party mo..Category: Criminal Law | Date: | Hits: 80
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....lept with the victim and the informant on the same bed on the fateful night of occurrence. I. Whether the High Court Division passed the impugned judgment and order of acquittal by non-application of judicial mind, inasmuch as, there are sufficient corroborative evidence of P.Ws.1, 3, 4, 8 and 9 in ..Category: Criminal Law | Date: | Hits: 71
Category: Constitutional Law | Date: | Hits: 246
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e impugned judgment. Learned Deputy Attorney General submitted that the writ petitioners by suppressing material facts filed the writ petition and the High Court Division without application of judicial mind made the rule absolute in failing to consider that the writ petition itself is not mai..Category: Employment/Service Law | Date: | Hits: 58
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....urn, initiate criminal proceedings, in appropriate circumstances by resorting to section 203 of the Act. It is further observed that the Registrar is in certain matters only required to perform quasi judicial function but it has exceeded the jurisdiction in entertaining the application. 6. It is ..Category: Company Law | Date: | Hits: 175
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....h which they stood charged. It may raise a suspicion, which however strong, cannot be the basis of conviction. 28. It is sometimes difficult for Court to arrive at real truth in criminal case. The judicial process can only operate on firm foundation on actual and credible evidence on record. Mere..Category: Criminal Law | Date: | Hits: 67
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....circumstances set out above fact. With this regard reliance can be placed in the case of The State Vs. Basirullah reported in 16 DLR 189. 21. In view of discussions made above and the preponderant judicial views emerging out of the authorities refer to above we are of the view that the prosecutio..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
....rt this fact by some witnesses appears to be nothing but mere subsequent embellishment to suit their purpose. 16. Thus, we are inclined to hold that the learned Sessions Judge failed to apply his judicial mind in appreciating all the above pertinent aspects of the matter and without having based..Category: Criminal Law | Date: | Hits: 69
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....e amendment of 1983 of the Code of Civil Procedure without any specification or discussion of the same which shows that he has passed the impugned order of rejection without proper application of his judicial mind and as such the same cannot be sustained in law and is liable to be set aside. Mr. ABM..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....shades of opinion regarding the maintainability of a revisional application before the High Court against the order passed by the Subordinate Court against which appeal lies. 10. A series of the judicial pronouncement support the view that if a decree or order in the nature of a decree under th..Category: Administrative Law | Date: | Hits: 189