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Category: Civil Law | Date: | Hits: 89
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....s affecting the national economy. Piling up huge arrears is also pushing the consumers to such a dark corner that they find no way to come out. Conflicting interests of the parties therefore demand a judicial mind to strike the balance in such a way that none of the parties should suffer for an orde..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
.... the findings of the Court of appeal below on title and possession and the decision in the appeal was arrived at on misreading and non-reading of the evidence on record and without application of any judicial mind. Such decision has no doubt resulted in serious miscarriage of justice. The judgment a..Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....onian standards would be sufficient to justify the imposition of the lesser penalty nor are these circumstances adequate enough to palliate the offence of murder. But in their totality, they tilt the judicial scales in favour of life rather than putting it out”. 44. Therefore, in the facts and ..Category: Criminal Law | Date: | Hits: 50
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
.... The said application for cancellation of bail has been marked as Annexure-D. We have gone through the same. The grounds taken in the application alleged that the learned Magistrate did not apply his judicial mind while granting bail to the accused-petitioners and has granted bail to the petitioners..Category: Criminal Law | Date: | Hits: 43
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....their statutory powers in dealing with the properties of the citizen. 85. Moreover, it should also be remembered, the exercise of powers of cancelling a sanction is akin to and partakes of a quasi-judicial complexion and that in exercising the power to cancel sanction the authority must bring to ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....rders, armed robberies, etc. with unauthorized arms and that in February, 1974 the Rakkhi Bahini recovered a huge quantity of arms and ammunitions from his house and nearby places and also certain prejudicial documents, booklets and leaflets from his house in course of the search. It has been furthe..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....shall believe it as genuine after it has been detected as forged at the appellate stage? Section 65 is exhaustive of the grounds on which secondary evidence may be admitted. It has been argued by the judicial committee in Krishna Kishori Chaodhrani Vs. Kishori Lal Ray, 14 I.A. 71(P.C.) that secondar..Category: Property Law | Date: | Hits: 127
Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....stody after recording statements under section 164 Cr.P.C. whereas in the present case prayer for police remand was rejected and accused appellants of Exhibits 8, 9 and 10 appear to have been sent to judicial custody after recording of Exhibits 8, 9 and 10. On scrutiny it appears that PW 7 Shefaly B..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....utpouring of a penitent heart and not half-hearted or for its mere sake or as a formality. 4. Contempt of Court has not been defined in the constitution or in any other statute, but there has been judicial interpretation thereof, Proceedings for Contempt are initiated for the purpose of protectin..Category: Others | Date: | Hits: 118
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....rd of the Doctors of the Rangpur Medical College as was directed by Magistrate in the record, the learned Counsel for the petition also could not inform us about the same. We find that in this case a judicial enquiry was held. The complainant opposite party No.2 herself and other witnesses were exam..Category: Criminal Law | Date: | Hits: 43
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....n the date fixed for appearance of the parties so for all practical purposes it can be said that the learned Additional District Magistrate passed the impugned judgment and order without applying his judicial mind which is definitely bad in law and as such cannot be supported; which is ex facie ille..Category: Criminal Law | Date: | Hits: 44
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....he case as no prima-facie case has been made out against them. The informant being aggrieved filed another naraji petition in the Court of Chief Metropolitan Magistrate, Dhaka who passed an order for judicial inquiry and in course of judicial inquiry, the Magistrate examined 9 witnesses and submit..Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....ears that the there was statutory obligation on the part of the Magistrate to discharge the accused person if he accepts the final report. While discharging the accused the Magistrate has applied his judicial mind and such order becomes the judicial order. The whole aim and object of the legislature..Category: Criminal Law | Date: | Hits: 44
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....bmits that the decision of the learned District Judge is not at all a speaking order and since it suffers from non consideration of materials on record, the High Court Division without applying its judicial mind shirked its responsibility and as such, the judgment of the High Court Division merits..Category: Property Law | Date: | Hits: 89
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....prompted the respondent No. 1 earlier to allow the application for registration of the trade mark of the appellant and this renders the impugned judgment a nullity on the ground of non-application of judicial mind. 6. Mr. Mohammad Ohiullah, the learned Advocate appearing for the respondent No. 2 ..Category: Intellectual Property Law | Date: | Hits: 226
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....le basis. 21. Defendant No. 2 by notice dated 30‑12‑1990 Exhibit 9 asked the husband of the plaintiff to vacate the suit land otherwise he would be forcibly removed therefrom. Even then, how a judicial officer of the rank of an Additional District Judge could not believe that the plaintiff wa..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....ade to the authority. The Chief Metropolitan Magistrate enlarged them on bail to be effective on 4‑3‑2002, if no detention order had been made in the meantime. They were, however, remanded to the judicial custody. In the meantime, the detenus were communicated with the order of detention on 27..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....d eighty‑seven (87) pieces of bones and recorded opinion that out of twenty‑six (26) bones there was one human bone, PW35 Md Sabir Ahmed, Metropolitan Magistrate, First Class, Khulna who recorded judicial confessional statement of Noor Ala (approver PW6), PW36 Md. Hashern Ali Molla, father of Fa..Category: Criminal Law | Date: | Hits: 69