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Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....Appellate Tribunal that they mechanically approved the appellate order passed by the Appellate Additional Commissioner of Taxes without entering into the merits of the case and without applying their judicial minds at all. As the Appellate Additional Commissioner of Taxes did not find any defect eit..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....heard noise from outside of the house and the guards fled away. Taking this opportunity he ran away and took shelter in a police van. On 1‑6‑95 he was produced before the Magistrate to record his judicial statement. The statement was marked as Exhibit 2 and his signature was marked as Exhibit 2/..Category: Criminal Law | Date: | Hits: 38
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....e of S Chattanatha Karayalar Vs. Vaikuntarams Karayalar and another reported in AIR 1968 (Madras) 346, it was held- “Appointment of a Guardian or next friend. The court cannot dispense with the judicial enquiry contemplated under Order XXXII, rule 15 and render a clear finding that the person ..Category: Property Law | Date: | Hits: 44
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....ing of the Court of appeal below on the title and possession and the decision in the appeal was arrived at on misreading and non-consideration of the evidence on record and without application of any judicial mind. 17. It appears from the judgment and decree dated 24th May, 1998 passed by the lea..Category: Property Law | Date: | Hits: 39
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....0 days as required under the law. Now the question is how the working days are to be calculated. 6. The learned Deputy Attorney General submits that working days of court means the days on which a judicial officer works as such and he relied on the decision reported in 1987 BLD 135 where it has..Category: Criminal Law | Date: | Hits: 26
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....order for re-instatement. Acting on the authorities above mentioned we have, therefore, no hesitation to hold that exercise of the discretion by the Labour Court in passing the impugned order was a judicial one and consequently the Labour Court did not act beyond the scope of section 25(I)(d) in a..Category: Labour and Industrial Law | Date: | Hits: 124
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....e State preventing the common man from even going to the hospital in an emergency so as to bring succor to a citizen who has been taken seriously ill. Thus, on the materials made available and taking judicial notice of what generally happens in a bundh which has resulted even in the working of the H..Category: Constitutional Law | Date: | Hits: 216
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
..... Mr. Rafiq-ul Huq, the learned Counsel, endorsed the view taken by Mr. Khondker and refers to the case of Secretary of State vs Mask and Co reported in AIR 1940 (PC) 105 where their Lordships of the judicial committee of the Privy Council, though dealing with a civil matter in connection with a com..Category: Criminal Law | Date: | Hits: 50
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....rawal from the prosecution, the learned Public Prosecutor has not assigned proper reasons required by law and that the learned Additional Sessions Judge has accorded permission without application of judicial mind as if he were performing a routine work. 6. Mr. Munsurul Huq Chowdhury, learned Adv..Category: Criminal Law | Date: | Hits: 43
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....ited by the learned Advocate for the petitioner is of no help in the present case as in that reported decision the impugned order was passed as a matter of routine course without application of the judicial mind to the materials on record and without any finding as to the emergent nature as contem..Category: Criminal Law | Date: | Hits: 32
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
.... compulsion from any quarter. Sufficient time was given to the appellant Dablu to reflect and assurance was given to him that he would not be given back to police custody rather ho would be sent to judicial lock up. The confessional statement of appellant Dablu was recorded on the date on which ..Category: Criminal Law | Date: | Hits: 61
Category: Civil Law | Date: | Hits: 101
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....pugned it appears that the learned Assistant Judge, took into consideration the facts of the case and legal aspect involved in adjudication of the suit and recorded the impugned order by applying his judicial mind. The said order does not appear to have suffered from any patent illegality and flagra..Category: Family Law | Date: | Hits: 185
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
.... the Deputy Commissioner by the Arbitrator and the Tribunal has totally been taken away or at least curbed and thereby constitutional provision as in Article 116A of the Constitution as to performing judicial functions independently by the Arbitrator and the Tribunal having been violated by the amen..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....thorised by an appropriate order of the Court of the Sessions Judge and/or of the High Court Division. He argued that the impugned notices are tainted with malafide intention to re-open the concluded judicial decision passed by the High Court Division in Writ Petition No. 3223 of 1996. His further a..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....ence on record and to resort to surmises and conjectures in reaching his conclusions. The procedure adopted by the learned Additional District Magistrate betrays a complete lack of application of the judicial mind into the facts and circumstances of the case and the law bearing on the subject and sa..Category: Criminal Law | Date: | Hits: 30
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....rayer for recalling all the 6 witnesses, duly examined and discharged, without assigning any reason in support of the order. Such a cryptic and non‑speaking order obviously lacks application of a judicial mind and cannot, therefore, be allowed to stand. 14. In the result, the appeal is allowe..Category: Criminal Law | Date: | Hits: 37
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ept item Nos. 5 and 7 the other items form integral part of the ship. Therefore, they cannot be separately classified and no customs duty can be levied upon them. To resolve this question we may take judicial notice of the fact that when a ship is imported as scrap vessel, it requires a special trea..Category: Fiscal/Taxation Law | Date: | Hits: 77
Category: Employment/Service Law | Date: | Hits: 108