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Md. Abdur Rouf alias Lengra Rouf Vs. State, 2011, 40 CLC (HCD)
.... so called incident and he has simply been arrested on mere suspicious and he is in custody since 14.6.2010, and till now since the trial has not been started and the case is remained in the court of judicial Magistrate and the trial is uncertain , in that view of the matter he prays for bail of the..Category: Criminal Law | Date: | Hits: 43
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 76
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... protect the same either under the provision of section 53A of the Transfer of Property Act or under the provision of Specific Relief Act. 35. It appears that the trial judge without applying his judicial mind upon simple surmises and conjecture reversed the judgment and decree passed by the tri..Category: Property Law | Date: | Hits: 62
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
.... that unless the order of discharge is set aside by a superior court, such order of discharge operates as a bar to fresh investigation by the police into the case and that the order of discharge is a judicial order. The High Court Division did not accept the contention made by accused and refused to..Category: Criminal Law | Date: | Hits: 56
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....orded some reasons as to why this report should not be relied upon or believed. It appears to us that the learned Magistrate actually did not consider the record at all. Inquiry report is part of the judicial record and one of the pieces of the document of the prosecution. A decision regarding frami..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
....it reaches its finality, either in his exoneration from charges or on imposing a penalty upon him. IV. Whether rule 3 (d) of the High Court Division Rules requires that the decision to suspend a judicial officer and the initiation of a disciplinary proceeding and its continuation, against him r..Category: Employment/Service Law | Date: | Hits: 73
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....demned prisoners by PW 1 and PW 3 in the Test Identification Parade cannot be accepted in the facts and circumstances and on the basis of evidences on record. In this connection we shall have to take judicial notice of some of the relevant depositions of PW 1, PW 2, PW 7 and PW 8 and analyse their a..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....passed the impugned order on irrelevant grounds. In view of the above legal position there is no valid ground for transferring the suit and moreover, the learned District Judge also did not apply his judicial mind in passing the impugned order. In the instant case, the contention of the opposite par..Category: Civil Law | Date: | Hits: 92
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....n for money. 44. PW 9, in cross-examination stated that the seizure list by which 'Batali' was seized is the photo copy of the original. He denied that co-accused Humayun (since dead) in his extra judicial confession did not implicate any of the condemned prisoners. 45. PW 10, Ahmed Shafi Chow..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....The appellate Court acted illegality in failing to consider the Exhibit Nos. A and Al and other documents filed by the contesting defendants and thus the learned Appellate Court, without applying his judicial mind, arrived at an erroneous decision on misreading and misconstruing the material evidenc..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....n of mind. Even in ex parte disposal, a Court is not absolved of statutory obligation of writing a lawful judgment as required under rule 4(2) of Order XX of the Code of Civil Procedure. Discharge of judicial function in such slipshod and perfunctory manner was time and again deprecated but with lit..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....rcumstances of the present case document to be relied on or on the basis of which the title of the defendants as claimed could not be established but the High Court Division without applying it's judicial mind came to an erroneous finding. In addition, Mr. Islam submitted that in the absence of ..Category: Property Law | Date: | Hits: 74
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ure the crews were convicted on admission of truth of the accusation under section 22 of the Ordinance 1983. On perusal of the impugned order, it appears that the learned Magistrate did not apply his judicial mind in passing the impugned judgment and order so far as it relates to the forfeiture of t..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Solaman Vs. State, 2005, 34 CLC (HCD)
....t the trial of the accused-petitioner was held in contravention of the provisions of section 6 of the Children Act. In the instant case the Magistrate as well as the trial Court failed to apply their judicial mind as to the determination of the age of the accused-petitioner Solaman who appears to be..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....t is further stated that in case of in absentia trial the limitation shall run from the date of knowledge of the judgment and not from the date of judgment and in the instant case it appears from the judicial record that the petitioner learnt about the judgment on 24-10-2004 and the appeal was filed..Category: Criminal Law | Date: | Hits: 65
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....cial Committee, "the taking of possession of the subject matter of the gift by the donee, either actually or constructively", is necessary to complete a gift." In this regard, and in keeping with judicial precedents and section 150 of the Mahomedan Law, the lower appellate Court found that the r..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....ode of Criminal Procedure, we are convinced that he lacks basic elementary knowledge of criminal law. The mode in which he adjudicated the case appears to us a judgment delivered by a novice criminal judicial officer. He fails to pick up the basic concept as to the particulars that should be stated ..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
.... voluntary as well as true. 76. The cases cited above fit in with the confessions made by the two appellants Md. Mushfiq Uddin Togar and Mokbul Hossain alias Mukul. 77. Therefore, a confession, judicial or extrajudicial, whether retracted or not, can in law validly form the sole basis of convi..Category: Criminal Law | Date: | Hits: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... guilt and PW 9 Begum Maksuda Khatun being Magistrate, 1st Class recorded his confessional statement under section 164 of the Code of Criminal Procedure which has been proved to be voluntary and true judicial confessional statement of the accused. The Magistrate herself gave testimony in this respec..Category: Criminal Law | Date: | Hits: 93