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Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....y independent liability regarding the control and possession of the fire arms we find the findings the trial court while rejecting the impugned order rejected the prayer for bail without applying the judicial mind. 3. We find merits in the appeal. 4. In the result the appeal is allowed and the..Category: Criminal Law | Date: | Hits: 60
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Motin Gazi alias Motiar Rahman Vs. The 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. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 51
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....espondent no.1, the purported facts put forward for consideration through the writ petitioner are so highly contentious that they cannot be resolved without examination of evidence, not possible in a judicial review proceeding. The subject matter of the writ petition falls within the exclusive domai..Category: Constitutional Law | Date: | Hits: 231
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....ed Court of appeal below about any sufficient cause justifying the default of the appellants. In the facts of the case, I am constrained to find that the learned Subordinate Judge failed to apply his judicial mind into the facts and circumstances of the case and the law bearing on the subject. The S..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....re is absence of jurisdiction, the decision in the matter is a nullity and no waiver or consent by the parties can confer any jurisdiction. The proceedings under section 22 or 34 of the Act are quasi-judicial in nature and the aforesaid principles will apply to the present case. We have already foun..Category: Fiscal/Taxation Law | Date: | Hits: 96
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
...., however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced." 18. This Court further held:- "Now we c..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....ive of Amir Hossain Miah who is the promise in the agreement. But he could not challenge the genuineness of the agreement. 12. I have seen the agreement, exhibit 3. It is written on a sheet of non-judicial stamp. It is an unilateral agreement and written addressing Amir Hossain Miah (father of th..Category: Property Law | Date: | Hits: 91
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....mmitted an error of law in rejecting the Miscellaneous Case No. 493 of 1990 holding that section 17 of the SCC Act is not applicable. He further submitted that the learned SCC Court did not apply his judicial mind in the facts and circumstance of the present case in rejecting the Miscellaneous case...Category: Civil Law | Date: | Hits: 86
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... the case of Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444, which is as follows: “My Lords, this appeal may serve to remind us of a truth sometimes forgotten, that this House sitting judicially does not sit for the purpose of hearing appeals against Acts of Parliament, or of providi..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... of the witnesses examined by the prosecution implicate the appellant with the offence or any other accused persons. All these confessions, if closely considered, do not inspire any confidence in any judicial mind. So, this is a clear case of no evidence. For the reasons, the judgment and order of c..Category: Criminal Law | Date: | Hits: 41
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....ts and, as such, the impugned judgment and decree is an error in its decision occasioning failure of justice. Mr. KS Nabi, the learned Advocate finally, argued that the trend of justice structure and judicial management is to saving the costs of the litigation and to prevent the protracted litigatio..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....learned Additional Sessions Judge failed to take notice of the legal position and gave his finding in the line of the findings of the learned Magistrate, Perhaps both the Courts failed to apply their judicial mind in this respect. In view of our discussion above, the order dated 18-7-99 passed by th..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....his kind of relief only under certain special circumstances. Relief enshrined under section 42 of the Specific Relief Act is a discretionary relief and the said discretion is to be exercised on sound judicial principles. 19. Promissory Estoppel is a principle evolved by Courts on the principles o..Category: Property Law | Date: | Hits: 83
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....urrence in the absence of any specific allegation against them the petitioners could not be charged with abetment of murder and, as such, rejection of their prayer for bail was not proper exercise of judicial discretion on the part of the learned Additional Session Judge. (8) Since a civil Suit i..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....ld by now, the interest of justice will be sufficiently met if the sentence of imprisonment imposed upon them is reduced to the period already undergone. No doubt, sentence is essentially a matter of judicial discretion for the Court but it is also well settled that it must be commensurate with the ..Category: Criminal Law | Date: | Hits: 104
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
.... with them and set aside the report. As stated above, we unsuccessfully looked for the mistake the appellate Court could have pointed out in the report of the Commissioner. This kind of disposal by a judicial officer of the rank of a District Judge is very unfortunate. 25. It further appears that..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....cluding the Supreme Court." 8. Mr. Abdul Malek, in this context, submits that this Court in exercise of its writ jurisdiction under Article 102 of the Constitution can review any administrative or judicial action in spite of any such prohibition or bar created either in the Martial Law Proclamati..Category: Criminal Law | Date: | Hits: 52
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....y acquisition of foreign citizenship the authority has also to determine that such latter citizenship has been voluntarily acquired. Determination of the question postulates an approach as in a quasi-judicial enquiry, the citizen concerned must be given due notice of the nature of the action which i..Category: Immigration and Citizenship Law | Date: | Hits: 190