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Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
.... the annual return of the company, knowingly and therefore committed offence punishable under Section 397 of the Companies Act, 1994 (the Act). The learned Chief Metropolitan magistrate directed a judicial inquiry into the matter and on the basis of the said inquiry cognizance was taken und..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ecific statement of overt act in the F.I.R. directly implicating the respondent in non bailable offence. The respondent cannot get the bail as of right and the court is to exercise discretion in a judicial disposition. There is no denying fact that the respondent has been specifically impli..Category: Criminal Law | Date: | Hits: 68
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....lief Act regardless of whether the plaintiffs have title to the suit land. But regrettably both the trial Court as well as the High Court Division in erratic and perfunctory exercise of their judicial function rejected the aforesaid prayer for partition of the suit land by way of amendment ..Category: Property Law | Date: | Hits: 39
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
.... 7. Having regard to the facts and circumstances of the case and in view of the materials on record, we are of the view that the learned Judges of the High Court Division upon applying their judicial mind rightly passed the impugned judgment and there is no illegality or legal infirmity to..Category: Criminal Law | Date: | Hits: 44
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....sions there are some illuminating passages with regard to the right to form an association, the nature and extent of restrictions that may be imposed on the exercise of such right, and the scope of judicial review of the reasonableness of such restrictions, but the facts of those cases, noted ab..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... Courts have jurisdiction to examine into cases whether the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure." 6. There are two parts of this observation of the Privy Council; the first..Category: Election Law | Date: | Hits: 173
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....ement with the Upazila Nirbahi Officer 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: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....High Court Division to the effect that the respondent No.2 has acquired a right can not be taken away is not acceptable so we find that the learned Judges of the High Court Division failed to take judicial notice that an Enquiry Committee was formed by the competent authority of the appellants i..Category: Employment/Service Law | Date: | Hits: 55
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....erred revisional application before the High court Division which was rejected and he unsuccessfully moved the Appellate Division. Thereafter a learned Magistrate, First Class, Munshiganj held judicial enquiry and found a prima facie case against accused respondent Ali Asgar Bepari and sent ..Category: Criminal Law | Date: | Hits: 41
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....of the informant's son was brought back home. On the basis of the ejhar Godagari P. S. Case No. 10 dated 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, char..Category: Criminal Law | Date: | Hits: 53
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... the litigation after adjudication by the superior Court and as such finality so reached cannot be allowed to be re-agitated in the subordinate Court for the sake of discipline in the judicial arena. The learned Counsel for the appellant submits that plaint so far the same relates t..Category: Civil Law | Date: | Hits: 122
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....rs of its own existence, date and legal effect, as distinguished from the accuracy of the decision rendered. In other words, the law attributes unerring verity to the sustentative as opposed to the judicial portions of the record. But where the judgment is inter parties; even recitals in such a ..Category: Property Law | Date: | Hits: 48
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....arged the Rule upon observing "An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it clear that a Court must be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....e disclosed by the said two persons for finding others guilty of the offence charged and tried jointly accepting the said disclosure as a piece of evidence against the appellant, since the said extra judicial confession of the said two accuseds who were put on trial jointly with other accused for ..Category: Criminal Law | Date: | Hits: 63
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....evelopment) for a decree of mandatory injunction directing Respondent No. 1 Additional Deputy Commissioner (Revenue) to vacate the suit premises for accommodation of the plaintiff-appellant, who is a judicial officer. 2. The plaintiffs case was that the suit premises was the official residence ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when the administration takes preventive, remedial and curativ..Category: Civil Law | Date: | Hits: 130
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52