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Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....oubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal evidence on recor..Category: Criminal Law | Date: | Hits: 41
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
.... non-responsive inasmuch as the bank guarantee of the respondent No.1, writ-petitioner, was furnished by a foreign bank in Bangladesh currency without the same being drawn on non-judicial stamp paper of Tk.150/- and the turn-over and other criterion for the last five years of t..Category: Business or Commercial Law | Date: | Hits: 110
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....se and ultimately granted bail and this order having been stayed by the Appellate Division, the impugned order fixing the case for hearing before the same bench of the High Court Division is not a judicial discretion and as such the appeal should be heard by any other bench of the High Court Div..Category: Criminal Law | Date: | Hits: 36
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....dgments of the Courts below. In support of the leave-petition, Mr. Nawab Ali contends that the High Court Division failed to consider that the Appellate Court failed to apply its judicial mind in not considering that the plaintiffs are not in possession in the suit property an..Category: Property Law | Date: | Hits: 33
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....urt Division, after hearing, allowed the Death Reference No. 34 of 2001 and dismissed Jail Appeal No. 3201 of 2001. 4. The learned counsel for the condemned petitioner submits that the extra-judicial confession of accused Rokeya Begum and judicial confessional statements of both the condem..Category: Criminal Law | Date: | Hits: 51
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....he Commission had no jurisdiction to cause or order an enquiry to be made by any person into the affairs of any issuer of a listed security inasmuch as the Commission while exercising such a quasi-judicial authority must have before it materials in the form of representation/complaint, which is ..Category: Criminal Law | Date: | Hits: 36
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....the sale deed he mutated his name and paid rents, taxes and other charges and the plaintiffs have no right, title, interest and possession in the suit land and the trial court, without applying its judicial mind, wrongly held that the plaintiffs had exclusive possession over the suit land and th..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
....ong calculation the petitioner filed this appeal long 8 months after receiving the certified copy of the judgment and order on 18.02.2007.Upon such miscalculation and non application of judicial mind the highest tribunal in the Administrative Sector committed error of law in rej..Category: Administrative Law | Date: | Hits: 120
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... no permission was accorded. 4. The informant filed naraji petition against the final report. The learned Chief Metropolitan Magistrate on such application directed on 30-08-2000 for holding judicial inquiry and accordingly, the concerned learned Chief Metropolitan Magistrate took all pos..Category: Criminal Law | Date: | Hits: 39
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....n of his being subordinate to High Court Division. Hence no contempt proceedings can be drawn against the opposite parties. In that case it was further held that the Arbitrator does not exercise a judicial function in course of inquiry or investigation into the amount of compensation although he..Category: Property Law | Date: | Hits: 27
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
..... It is now well settled that in legal parlance, the expression “persona designata” means a person described in a statute or a legal instrument by his official designation and his function may be judicial or may not be so. If the function of the designated person is judicial in character, then h..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....various points and authorities advanced by the learned Counsel of either side. We will however quote from our early decision a passage: “The function of the Court therefore is a judicial one and the exercise of discretion a judicial discretion. The accord of consent therefore..Category: Criminal Law | Date: | Hits: 45
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... be exercised by the President of Bangladesh. So far as the Judiciary is concerned, its powers remained as under the Constitution and could only be exercised by the Courts of this country. The judicial power cannot, therefore, be negatived so long as it is available under the Constitution n..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
.... of the Constitution to exercise such powers thereunder should exercise such power on specified fields without offending other provisions of the Constitution, for the simple reason that a right to judicial review under Article 102(2) is neither a fundamental right nor a guaranteed right i.e., to..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....o compel production of the materials upon which the advice or its reasoning was based, because the materials cannot be said to be a part of the advice. 19. He submits that the bar of judicial review is confined to the factum of advice but not the reasons i.e. the materials on ..Category: Constitutional Law | Date: | Hits: 124
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....the Court's exercising the power under section 73 of the Evidence Act in view of presently available advanced science and technology in determining the dispute. There is, of course, a long line of judicial authorities expressing divergent views on the point. One such view is that the Court shoul..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... 561A of the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The High Court Division has no constitutional or judicial power to legislate or create any offence………………(4..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....n which gave rise to a controversy between the parties requiring factual prove into the matter on the basis of material brought on record by the parties, which determination is beyond the scope of judicial review of the High Court Division in its jurisdiction. 9. Section 25 of the Customs ..Category: Fiscal/Taxation Law | Date: | Hits: 107