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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ustice does not arise. But at the same time it is also true that adverse criticism upon the conduct of a judge in a case finally disposed of amounting to a personal attack of a gross kind upon his judicial character is punishable as a contempt of Court although the case is ended. See RV Grey (19..

Category: Criminal Law | Date: | Hits: 130

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The protection is limited to that extent and a judicial review can be within those limits. But a person who bases his claim on the doctrine of legi..

Category: Civil Law | Date: | Hits: 92

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....at the barrier has been waived by the Khulna municipality and they are now estopped for raising this issue. 28. We, therefore, find that the learned Subordinate Judge practically did not apply his judicial mind in deciding the case and arrived at a wrong findings and decision which is liable to b..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....anded by the neighbouring people when he was trying to flee away but failed to do so and he was tortured mercilessly. Thereafter, patrol police arrested the petitioner; that the petitioner made extra judicial confession before the local people. Hence, the informant Md. Hamidur Rahman lodged the case..

Category: Criminal Law | Date: | Hits: 56

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

.... and the learned Assistant Attorney General could not say anything except that it was set up by the International Committee of Red Cross. But we consider it an appropriate case for this court to take judicial notice (section 57 of the Evidence Act, 1872) if the fact of liberation struggle of Banglad..

Category: Election Law | Date: | Hits: 94

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....e State. 9. Mr. Md. Ekramul Haque, the learned Assistant Attorney General, assails the impugned order mainly on the ground that the learned Judges of the High Court Division did not exercise their judicial discretion in accordance with law in granting anticipatory bail in favour of the respondent..

Category: Criminal Law | Date: | Hits: 68

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

....cts of the case and fell in error in passing the impugned order in a most casual manner. In the facts of the case, we have no hesitation to find that the learned Subordinate Judge failed to apply his judicial mind into the facts and circumstances of the case and the law regulating amendment of the p..

Category: Civil Law | Date: | Hits: 91

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....€ and not bound to sue every possible adverse claimant in the suit. But the Court may, under the above provisions, at any stage of the suit order addition of a party and generally, it is a matter of judicial discretion which is to be exercised in view of facts and circumstances of a particular case..

Category: Civil Law | Date: | Hits: 84

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....llate order of the AJCT is an extremely unhappy one and the same is not a speaking order. It appears that the AJCT in dismissing the appeal and affirming the order of the DCT did not at all apply his judicial mind to the facts and circumstances of the Case. Here it may further be mentioned that sect..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

....were beyond the control of the petitioners and as such the impugned order is not sustainĀ­able in the eye of law. He lastly submits that the learned Judge of the High Court Division did not apply his judicial mind while passing the impugned order by disĀ­charging the rule and as such the impugned or..

Category: Property Law | Date: | Hits: 17

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....ow municipal government to become a statutory mockery. The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice. The dynamics of the judicial process has a new ā€˜enforcement’ dimension not merely through some of the provisions of ..

Category: Environmental Law | Date: | Hits: 345

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

.... facts leading to that case is quite distinguishable to that of the instant case. Therefore, I am unable to accept his submissions. 15. In the light of discussions made above and the preponderant judicial views emerging out of the authorities referred to above, I am of the view that the impugned..

Category: Property Law | Date: | Hits: 27

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....ation simply stating that for ends of justice the prayer stood allowed. The said order cannot be characterised to be a speaking order and it also cannot be said that the learned Judge had applied his judicial mind to resolve the controversy. The approach made by the learned Judge appears to be a ver..

Category: Property Law | Date: | Hits: 27

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....its that Article 11 of the Constitution is subject to the restriction of clause (2) of Article 8 of the Constitution. The provision of 8(2) shows that the principles laid down in Part II shall not be judicially enforceable meaning that if the Executive or the Legislature does not implement any of th..

Category: Constitutional Law | Date: | Hits: 126

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

....aintiffs and secondly, on the ground that the plaintiffs have efficacious relief before the Senior Assistant Judge. 21. Further, Lord Halsbury in his Laws of England has defined an injunction as a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing..

Category: Business or Commercial Law | Date: | Hits: 207

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... Caution of judges 41. In dealing with such proceedings, the judges should keep in mind as was stated in, Asharam M Jam Vs. AT Gupta, AIR 1983 SC 1151. ā€œThere is never any risk of judicial hypersensitivity. The very nature of the judicial function makes judges sympathetic and res..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ted that the victim is a minor girl and, as such, the petitioner, father of the victim is entitled to get custody of the victim. He was asked to enlighten us on the question whether a person put into judicial custody by a competent Court can be set at liberty under the provisions of section 491 of t..

Category: Criminal Law | Date: | Hits: 33

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

....e finding that the goods were seized from all the 6(six) persons and all of them are entitled to get back the goods which are purely questions of fact and this Court in exercising the jurisdiction of judicial review cannot interfere with the said finding of fact unless it can be shown that the tribu..

Category: Criminal Law | Date: | Hits: 101

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....ly, our Appellate Division after reviewing the authorities observed in Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, reported in 29 DLR (SC) 185, ā€œIt appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselve..

Category: Civil Law | Date: | Hits: 80