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Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....ment upon the accused petitioner. The charge accordÂingly fails. 14. The learned Sessions Judge sustained the conviction of the accused petitioner under section 324/34 Penal Code without giving a judicial considÂeration as to whether mere act of standing beside the principal offender would make..Category: Criminal Law | Date: | Hits: 38
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ed order of detention is bad in law for non-application of mind on the part of detaining authority (Annexure-A). It is stated in the order of detention that to prevent the detenu from indulging in prejudicial activities relating to maintenance of administration of law and order, Public safety, it wa..Category: Criminal Law | Date: | Hits: 45
Category: Alternative Dispute Resolution | Date: | Hits: 196
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....failure of justice. 5. Mr Md Abu Bakkar Siddique, the learned Advocate appearing for the opposite party, on the other hand, submits that in view of the fact the learned Family Court exercised his, judicial discretion in the light of the attending facts and circumstances of the case, the impugned ..Category: Family Law | Date: | Hits: 155
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....hich lie as of right are under a duty to see that they are acting in furtherance of justice. It seems to us that this duty is clearly violated when aid, for securing interference by this Court with a judicial order, is given by these officers of the Court to persons who, to their knowledge, are in c..Category: Criminal Law | Date: | Hits: 97
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....nion of the expert as to the genuineness of the contentious signature or writing and secondly, after getting the opinion of the expert on the questioned signatures or writing, the court can apply its judicial mind in conÂsidering same in the light of the facts and circumÂstances of the case and ma..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....dent Bank submits that the general meaning of the word "বিচারাধীন মামলা" though may be taken as "suits pending for adjudication" but it may also be meant as "pending under judicial consideration". In this regard, he further submits that the execution proceeding, no doubt,..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... and as to why the proÂvision laid down in sections 2 (ga)(4), section 50 and section 60(3) of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of economic justice and judicial power as contemÂplated in Article 8 of the Constitution should not be declared as void and..Category: Others | Date: | Hits: 104
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....he facts and circumstances of the particular case would warrant such refusal. Reference in this connection is the case of Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. The law has vested a judicial discretion to revoke a grant where the Court may have prima facie reasons to believe that i..Category: Property Law | Date: | Hits: 68
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..Category: Employment/Service Law | Date: | Hits: 89
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
.... trial Court to ascertain first whether the appellants were major or minor in order to arrive at a decision as regard his jurisdiction but the learned Judge of Speedy Trial Tribunal did not apply his judicial mind in determining this issue first and avoided this issue nor did he mention any thing as..Category: Criminal Law | Date: | Hits: 32
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....42 of 1998 under section 42 of the Specific Relief Act, but the Court below rejected the petition by the impugned order dated 16-5-99 and fixed up next date on 6-6-99 for hearing without applying its judicial mind and thereby caused errors of law resulting in error in the decision occasioning failur..Category: Civil Law | Date: | Hits: 77
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
.... witnesses came to make any statements, as such, the case may be filed. Against which naraji petition was submitted and it appears that learned Magistrate by order dated 14-5-2002 sent the same for a judicial inquiry. By order dated 1-12-2002 the Magistrate opined existing of a prima facie case. Lea..Category: Criminal Law | Date: | Hits: 27
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....f preferred an appeal before the Joint District Judge, 2nd Court, Narsingdi being Title Appeal No. 43 of 2000 stating, inter alia, that the learned Senior Assistant Judge, Narsingdi did not apply his judicial mind and failed to consider and discuss the evidence on record properly. The learned Joint ..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....as been stated that the right to move the High Court Division in accordance with Article 102(1) of the Constitution is itself a fundamental right and the same cannot be taken away by any enactment or judicial decision. 14. He has also drawn our attention to Article 117(2) of the Constitution..Category: Employment/Service Law | Date: | Hits: 107
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
.... contradict, vary or subtract from any terms of a contract or other disposition of property reduced to the form of a document, it is nevertheless the case by reason of rules of pleadings developed by judicial authority that allegations of deceit, fraud and collusion have to be brought and framed in ..Category: Property Law | Date: | Hits: 32
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
.... public documents: (i) documents forming the acts or records of the acts. (i) of the sovereign authority (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country…â..Category: Criminal Law | Date: | Hits: 25
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
.... (3) Where it is brought to the notice of such Magistrate or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjou..Category: Criminal Law | Date: | Hits: 40