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Displaying 1241-1260 of 1817 results.

Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

....ot, therefore, find any reason to disbelieve the consistent and cogent evidence of the witnesses examined by the prosecution. I am satisfied that the learned Divisional Special Judge duly applied his judicial mind into the facts and circumstances of the case and the evidence on record and rightly co..

Category: Criminal Law | Date: | Hits: 40

Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)

....whenever the applicant can satisfy the Court that he was prevented by any sufficient cause from filing the revision earlier or there was any justifiable and acceptable ground for his coming late. The judicial discretion to be exercised by the Court in condoning any justifiable delay is never circums..

Category: Criminal Law | Date: | Hits: 32

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....ring petrol on her body set fire to it by a match-stick and caused extensive burns all over the body. 32. The law on dying declaration is fairly well-settled by now. It has been held by consistent judicial pronouncements that a dying declaration, whether written or oral, if accepted by the Court ..

Category: Criminal Law | Date: | Hits: 53

Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)

....ot suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly exposes the sorry state of our judicial system. 26. In the result, both the Rules are discharged with costs. Order of stay grant..

Category: Property Law | Date: | Hits: 26

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....and against the perpetrators of yesterday, in order to deter those who may nurture any perilous design for tomorrow. Mr. Rahman submitted that the Fifth Amendment judgment has opened a new horizon of judicial activism in our part of the world, of which all the judges should take the advantage of, to..

Category: Constitutional Law | Date: | Hits: 482

Abul Hossain Vs. State, 2000, 29 CLC (HCD)

....above Criminal Revision in which the learned Sessions Judge passed the impugned order. It appears that the learned Sessions Judge allowed the revision and directed the cognizance taking Court to hold judicial inquiry by a Magistrate, 1st Class. The learned Sessions Judge also set aside the order dat..

Category: Criminal Law | Date: | Hits: 42

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

....our Organisation. (f) The detaining authority taking into account overall law and order situation felt satisfied that the detenu is required to be detained with a view to prevent him from doing prejudicial act obstructing law and order. 10. Section 3 of the Special Powers Act, 1974 confers pow..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ove paragraph we find that in addition to reference of overall law and order situation, it is also mentioned that in order to prevent the detenu from endangering the law and order situation by his prejudicial activities, the detention was necessary. From the use of the under lined expression (the un..

Category: Constitutional Law | Date: | Hits: 195

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....iry report submitted by a Magistrate in connection with a criminal case. This betrays on the part of the learned District Judge a sense of colossal indifference and total lack of the application of a judicial mind into the facts and circumstances of the case and the law regulating review. It is to b..

Category: Procedural Law | Date: | Hits: 81

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

....izens are not only duty bound to obey the law and the orders of the court but it is their constitutional obligation to do so, inasmuch as, the Constitution imposes upon all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court. 8. In the instant case we have alre..

Category: Intellectual Property Law | Date: | Hits: 181

Kashem Vs. State, 2001, 30 CLC (HCD)

....idence of PWs 1, 5 and 6 as members of the raid party. We are, therefore, unable to accept the submission of the learned Advocate for the appellant. We find that the learned Tribunal duly applied his judicial mind into the facts and circumstances of the case and the evidence on record and passed the..

Category: Criminal Law | Date: | Hits: 37

State Vs. Moslem, 2002, 31 CLC (HCD)

.... of Salma in presence of hundreds of people. 23. PW 12 Moslem Bepari was tendered and cross ‑examination was declined. 24. PW 13 Noni Gopal Biswas, Magistrate, First Class, Manikganj recorded judicial confessional statement of accused Moslem under section 164 of The Code. He proved the confe..

Category: Criminal Law | Date: | Hits: 82

Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)

....ce or to prevent abuse of the process of the court. Under the section Court can act ex debito justitiae according to equity, justice and good conscience of a cause but always in consonance with sound judicial principles. The Court cannot be powerless to do justice and redress a wrong under the inher..

Category: Civil Law | Date: | Hits: 66

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....s and directing the defendants to remove the structure which being subsequent event committed no error of law which has been noticed from the above cited decisions. It has been found further that the judicial pronouncement is that it is the duty of the court to compel the offending party by an appro..

Category: Property Law | Date: | Hits: 33

Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)

....ated 12-12-2000 passed by the Commissioner of Customs. 4. Mr. Md. Nurul Islam Chowdhury, the learned Advocate has appeared in this appeal and he has contended that the Tribunal failed to apply its judicial mind to the facts and circumstances of the case and also failed to scrutinize the papers ad..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

.... for the opposite party then relied on another decision reported in 28 D.L.R. 17 (S.M. Moazzem Hossain Vs. Md, Anwar and others) wherein it has been held that......"Issue of commission is a matter of judicial discre­tion, but the circumstances in which a witness in­stead of being produced in Court..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

.... the loan dues and not at all on the ground of interest of public safety. Be­sides that many extraneous grounds were served which were all vague and indefinite. The non­payment of loan was not a prejudicial act at all and the detention was made illegally and in violation of section 3 of the Specia..

Category: Banking Law | Date: | Hits: 151

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....ause under such circumstances it was not voluntary. 20. We are also not impressed with this argument. The confessional statement Ext. 2 shows that appellant Nurul Huq was in fact sent to hajat (judicial custody). At no point of time was there any appre­hension that he would be sent back to po..

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....ainst the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the re­putation of the entire judicial system in the estima­tion of the public. 2. The contemner No.1 is the letter writer him..

Category: Criminal Law | Date: | Hits: 35

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....an act which is manifestly without jurisdiction such a, the property which not being an abandoned property within the, meaning of Presidential Order No. 16 of 1972 is declared to be so, or in case of judicial or qua­si-judicial act which is Coram-non judice, the use of the expression "purported exe..

Category: Property Law | Date: | Hits: 36