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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ioner thereafter moved these petitions. 3. Points urged on behalf of the petitioner are that the High Court Division acted illegally in maintaining the conviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdiction in enhancing th..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
.... period. 9. So it appears from the aforesaid judgment that the Court of law enjoys ample authority under the previous law to impose interest but at the same time the Court of law is to apply its judicial mind on the given facts and circumstances. In the present case in hand while decreeing the ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
.... Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based o..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....investigation submitted final report in favour of the appellants. Taking objection thereto, the victim-informant filed a naraji petition, on which the learned Judge of the Tribunal passed an order of judicial enquiry to be conducted by a Magistrate. The Magistrate held judicial enquiry and submitted..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....eath on a conviction for murder and to impose the lesser sentence of imprisonment for life for reasons to be recorded. After deletion of this provision, it is observed, it is left with the judicial discretion of the court whether the death sentence or the lesser sentence should be imposed..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....easons for the decision. This court finds that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to the question of fact and law. It has therefore, no power to dismiss such an appeal ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....ommitted on that score. 15. In the decision of Maneka Gandhi Vs. Union of India it has been observed by Indian Supreme Court:- "The audi alteram partem rule is not cast in a rigid mould and judicial decisions establish that it may suffer situational modifications. The core of it must, howe..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....2003. Section 32 of Artha Rin Adalat Ain provides to follow procedure as in Civil Procedure Code, Civil Rules and Orders in chapter Miscellaneous Judicial Cases in rule 774 provides for miscellaneous judicial cases under Order XXI Rule 90 of the Code of Civil Procedure but we do not find appellants ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ed in AIR 1967 (SC) 249 it was held that, “the exercise of discretion by the trial Court should not be interfered by the Appellate Court unless the exercise of discretion by the trial Court was not judicial or was unreasonable”. It was held in that case as follows: “If the discretion has ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....1 DLR (AD) 69. 10. For the purpose of quashing a pending criminal proceeding under section 561A of the Code of Criminal Procedure, precisely following principles are well settled by various judicial pronouncements of our apex Court. In the case of Ali Akkas Vs. Enayet Hossain and othe..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ence, it is not their duty to find that there was no conceivable possibility other than the conclusion which they reach, It is not possible for reasonable men to conduct the affairs of life or make judicial decisions on questions of fact with mathematical certainty" Reilly, J. observed: "An ..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....als on record and the submissions advanced on behalf of the learned Advocates of the respective parties. As such, there is no scope to say that the learned Additional Sessions Judge did not apply its judicial mind in framing charge against the accused-petitioners and violated the mandatory prov..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the Government or of the public authority to make. There is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear, sound and positive fou..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ng us through the pictures taken recently and reading over the daily Ittefak article. As none filed any pleading in rebuttal we can take as true the petitioners averments. In fact we can also take judicial notice of the pathetic scenario that prevails in and around the Fort. The only question fo..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... another naraji petition on 26.10.2009, on receipt of which the learned Judge of the Tribunal heard his learned Advocate and directed him to remain present before the Tribunal on 2.11.2009 along with judicial witnesses. Accordingly, the complainant appeared before the Court on 2.11.2009 and filed ha..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199