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Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....nting, the arbitrary set off made by the Appellate Tribunal has no sanction of law and is not permissible. Lastly Mr. B. Hossain contends that there being no Rule in Government service or in any judicial pronouncement as to granting of "Performa promotion" by a court or Tribunal, the Appellate ..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....Civil Procedure under the facts and circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting and refusing the amendment. 8. W..Category: Property Law | Date: | Hits: 23
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....dependent to act under section 491 of the Code of Criminal Procedure in an appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor on the order of the learned Sessions Judge and as such the said..Category: Criminal Law | Date: | Hits: 34
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
.... was 29 years old and the ground on which the suit was sent on remand was not tenable in the eye of law. The High Court Division further held that the appellate court did not at all apply its judicial mind in sending the suit back on remand to the trial court with the direction to include i..Category: Property Law | Date: | Hits: 34
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... law in not considering the judgment of the two Courts below in juxtaposition with each other and in mechanically affirming the decision of the appellate Court below without applying his judicial mind. The learned Advocate further submitted that the appellate Court below wrongly d..Category: Property Law | Date: | Hits: 23
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....he High Court Division in Writ Petition No. 10149 of 2006 rejecting the application in limine whereby the petitioner has sought a direction upon the government to investigate the connection of some judicial officers with a banned religious organization namely ÔRvgvÕAvZzj gyRvwn`xb ev..Category: Criminal Law | Date: | Hits: 43
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....rder. 5. Having regard to the facts and circumstances and the materials on record of the case, we are of the view that the learned Judges of the High Court Division having applied their judicial mind vacated the order of stay. In the aforesaid premises, we are fully in agreement with ..Category: Others | Date: | Hits: 84
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....gh Court Division totally ignored the evidence of so many witnesses and mentioning the evidence of only PW 2 to base his finding, the impugned judgment has been passed and, in fact, did not apply his judicial mind and thus committed error. 13. Nurul Islam Bhuiyan, learned Advocate-on-Record appea..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....er of the case property but nobody turned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President's Order 16 of 1972 and Ordinanc..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... 13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law. Enunciating the age-old max..Category: Anti-Corruption Laws | Date: | Hits: 139
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal without proper application of judicial mind. His submission was that the conduct of the respondent No. 2 compelled the petitioner ..Category: Employment/Service Law | Date: | Hits: 87
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
.... fundamental rights is a fundamental right itself and is guaranteed by Article 102(1) and that has-been recognised by the separate concurring judgment in paragraph 77 of the report but the right of judicial review under Article 102 (2) is neither a fundamental right nor a guaranteed one and this..Category: Employment/Service Law | Date: | Hits: 104
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....empt against the petitioners upon absolutely wrong and baseless information from the writ-petitioners. He lastly submits that the learned Judges of the High Court Division have failed to take judicial notice of the contents of the letter dated 22-09-2005 issued by the bank, which was annexe..Category: Civil Law | Date: | Hits: 102
Government of Bangladesh and others Vs. Md. Azim Howlader, 2007, 36 CLC (AD)
....n rejecting the said application for condonation of delay; that the Administrative Appellate Tribunal erred in law in not allowing the said application for condonation of delay without applying its judicial discretion in public interest. 5. It appears from the record that Section 6(2) of ..Category: Administrative Law | Date: | Hits: 87
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....n the confessional statement. So the same cannot be relied upon. But it is on record that the appellant retracted his confession in writing subsequently which clearly goes to show that he made the judicial confession. In the opinion of recording Magistrate the confession is true and voluntary. T..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)
....further submits that the reasons for delay having being explained the Administrative Appellate Tribunal erred in law in not allowing the said application for condonation of delay by exercising its judicial discretion. 5. It appears that the Administrative Appellate Tribunal Case No. 14 of..Category: Administrative Law | Date: | Hits: 97
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....usly an administrative in nature as the head of the State and it cannot be justiciable in the Court of law. Such power of the President to commute any sentence is not subject to any constitutional or judicial restraints except that it cannot be used to enhance the sentence.............................Category: Criminal Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....er of the case property but nobody turned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President Order 16 of 1972 and Ordinance 54 of..Category: Property Law | Date: | Hits: 26
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... "....how far the petitioners were competent to prefer the instant application under section 561A of the Code when cognizance in the case had not yet been taken by the Magistrate. A judicial proceeding cannot be treated to have been started till before cognizance has been taken..Category: Criminal Law | Date: | Hits: 35