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General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....ent and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to appreciate the facts and circumstances of the case and also failed to apply his judicial mind in the record and dismissed the suit by making out a third case. The finding of the t..Category: Property Law | Date: | Hits: 27
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... the respondent Nos. 1-3 in their affidavit-in-opposition and the supplementary affidavit the writ petitioner can not claim custody of the minors since she has resorted to a life style which is prejudicial to the welfare and best interest of the minors. It has also been contended from the side o..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....ing direction on the plaintiff to produce papers mentioned therein and prayer having been made for adjournment the trial Court in rejecting the prayer for adjournment did not act in accordance with judicial practice. The High Court Division discharged the Rule on the finding that the writ petiti..Category: Civil Law | Date: | Hits: 91
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....s on records rejected the said application and without explaining the cause of framing charge in his order dated 26.07.2005 passed an illegal order of framing charge without applying his judicial mind and as such the proceeding of the instant cases is liable to be quashed; that th..Category: Criminal Law | Date: | Hits: 52
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
....s been brother in connection with the inquiry held upon an application by the respondents who have not been recommended for promotion but the High Court Division failed to consider the matter with judicial mind, therefore the judgment is liable to be set aside. He further submits that it is appr..Category: Employment/Service Law | Date: | Hits: 57
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....nding the ouster of jurisdiction of the High Court Division by any legislative provision or even under article 102 itself the High Court Division is yet entitled to exercise its power of judicial review under article 102 if the action complained of before the High Court Division i..Category: Administrative Law | Date: | Hits: 110
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
.....2004 the loss accumulated to the tune of Tk.1,90,000/-. 3. The learned Magistrate on examining the petitioner under section 200 of the Code of Criminal Procedure sent the complaint for judicial inquiry and on completion of the judicial inquiry, cognizance was taken and then the..Category: Criminal Law | Date: | Hits: 47
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e petitioner and the prosecution witnesses for filing a false case being CR Case No. 53 of 1998 and TR Case No. 149 of 2001 of the Court of Magistrate, 1st Class, Munshiganj and deposing falsely in a judicial proceeding. 2. The prosecution case is, in short, that on 21-4-1998 the petitioner..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....imed may be imposed upon nationals of countries of the Union for the enjoyment of any industrial property rights. (3) The provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation, and to the desi..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....r the respondent, submitted that the Departmental Proceeding, was not a Departmental Proceeding in the true sense of the term, that the learned District Judge, Pabna failed to apply his independent judicial mind while rejecting the finding of the Enquiry Officer who had examined witnesses and foun..Category: Administrative Law | Date: | Hits: 144
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....eement with the Upazila Nirbahi Oficer and Upazila Engineer and in such view of the matter Khondker Mahbubuddin Ahmed emphatically argued that the High Court Division totally failed to apply their judicial mind in not considering that the appellant did not sign the contract as an individual to d..Category: Election Law | Date: | Hits: 282
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
.... record. 4. This Division in a number of cases held that the Administrative Tribunal is not a Court proper although it has all the trappings of the Court and as such cannot exercise all the judicial powers of the Court provided under the Code of Civil Procedure. In the case of Kamrul Hasa..Category: Administrative Law | Date: | Hits: 92
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
.... subject matter to be decided in the present suit in deciding the Writ Petition No. 1465 of 1991...........The original Court having disallowed the prayer for rejection of the plaint by a judicial order in exercising of his discretion, I think, I should not interfere with the same under..Category: Procedural Law | Date: | Hits: 75
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....substantial that to overcome them by reasons to the contrary could only have the result of giving the benefit thereof to the prosecution." It is not the doubt of a vacillating or weak mind. It is the judicial mind that tilts in favour of the accused because circumstance and evidence in the case ra..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....of the spurious settlement whereupon the plaintiffs again filed a proceeding against them all under section 144 Cr.P.C. and got a favorable order. Filing of these proceedings, which are quasi judicial in nature, simply shows that the petitioners' claim was sought to be thwarted in the absen..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... rule 1, C.P.C. or Order XXVI of the Supreme Court (Appellate Division Rules, 1973, it would appear that no express words have been used therein to enable this Court to exercise suo moto the power of judicial review. Even so, to find out whether there is any indication of the existence of such power..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
.... learned Advocate for the appellants, has referred to the evidence adduced in this case and contended that the conviction against these four appellants has been rested solely on the extra-judicial confession of co-accused Sattar Mir who himself retracted the confession and that the..Category: Criminal Law | Date: | Hits: 63
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....uch amendment did not prejudice the interest of the other party nor it would change the nature of the suit. The Court observed as follows: "It is the consistent view of judicial authorities, those amendments of the pleadings is allowed, even when a legal right had ac..Category: Property Law | Date: | Hits: 38