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Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....rder dated 24‑8‑1998 recorded by this Court. The bail was for fixed period. The said bail was like a parole a temporary release from custody. Distinction between Bail and Parole is that Bail is a judicial order and Parole is an administrative order. Ordering portion is hereunder: "24‑8‑19..Category: Criminal Law | Date: | Hits: 64
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....purpose of restriction under section 195(1)(c) of the Code of Criminal Procedure on the ground that function assigned to a revenue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously ..Category: Criminal Law | Date: | Hits: 42
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....t the learned Magistrate showing lack in that direction most arbitrarily discharged the accused‑opposite parties. The learned Sessions Judge also acted in the same manner and without application of judicial mind rejected the revisional application summarily. So, according to him the impugned order..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....etition under section 540 of the Code of Criminal Procedure had mentioned the proposed questions to be put to the PWs 1, 2, 5 and 6 for the ends of justice but the court below without considering the judicial aspect of the prayer whether it is essential to the just decision of the case misconceived ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....t these principles of natural justice are it is not possible to lay down with any exactness, but Hamoodur Rahman, J. has pointed out in the aforesaid case that "Nevertheless, the general consensus of judicial opinion seems to be that in order to ensure the "elementary and essential principles of fai..Category: Criminal Law | Date: | Hits: 63
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....eedings except insofar as provided by this Act." (emphasis supplied) 16. But we could not find any Bengali words or phrase, the underlined English words 'files a legal proceeding in a Court' and 'judicial authority' in the English reading were translated from. Applying the principle for interpre..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....tements or any seizure list as evidence, how the Court will use the same as evidence is not clear to us. 26. The general rule of Criminal Jurisprudence is that the best evidence must be given in a judicial proceedings, no evidence will be received which is merely substitution in its nature so lon..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
.... it crept in by reason of an oversight on the part of the Court, is not a circumstance which can affect the exercise of jurisdiction of the Court to review its decision. 8. It has been held by the judicial committee in Chhajju Ram Vs. Neki, AIR 1922 P.C.112 that the expressions "any other suffici..Category: Property Law | Date: | Hits: 48
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....n and on insertion of section 438 provision for Anticipatory Bail with positive condition had been made. In our although Provision for granting anticipatory bail has not been made in the Code through judicial pronouncements but scope and law of Anticipatory bail have been set out. In State Vs. Abdul..Category: Criminal Law | Date: | Hits: 79
Category: Criminal Law | Date: | Hits: 41
Category: Employment/Service Law | Date: | Hits: 72
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ubmitted that the President of the Republic being the President of the Bangladesh Red Crescent Society having passed the impugned order the same being sovereign act do not come within the mischief of judicial review of the High Court Division and as such the rule is not maintainable and the Banglade..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..Category: Criminal Law | Date: | Hits: 55
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....of section 493 of the Penal Code in convicting the accused petitioner, being carried away by an emotional approach to a legal question. 14. Law requires that a Court or a Tribunal adjudicating any judicial matter before it must administer justice according to law end must not allow itself to be i..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ar to have duly considered all material aspects of the case and the points involved therein in the light of the evidence on record. I am satisfied that the learned Courts below properly applied their judicial mind into the facts and circumstances of the case and the evidence on record and arrived at..Category: Criminal Law | Date: | Hits: 68
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.....” 14. The word “prosecuted” is introduced in the present case in order to make it clear that the power relates to punishment by a Court of law and not to other kinds of punishment besides a judicial penalty. The word “and” has been used in conjunctive and not a disjunctive sense. The p..Category: Criminal Law | Date: | Hits: 56
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....erformance of any ordinary duty. Where a contract is entered into by the State and or by a statutory authority for the performance of statutory duty any breach of term of such contract is amenable to judicial review by the High Court Division in exercise of its power conferred under Article 102 of o..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....tionary power as contemplated under sub-section (3) of section 193C as aforesaid fairly and reasonably and not arbitrarily the justiciability of the decision cannot be questioned under the process of judicial review as the Tribunal has not acted outside its jurisdiction and we do not find any justif..Category: Fiscal/Taxation Law | Date: | Hits: 93