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Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....tain considerations which are more fundamental than merely the convenience of the proceeding or trial. In a criminal trial, it is a fundamental principle that the trial of an accused person should be conducted with utmost fairness and anything which is likely to cause any serious embarrassment to hi..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....fe. However, in case of children such punishment cannot be imposed. But then there is an exception to the exception. A sentence of imprisonment may be imposed on a child upon conviction, if the Judge conducting the trial forms the opinion that the offence is of so serious in nature that no punishmen..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... per the decision of the Commission Md. Habibur Rahman, Commissioner was entrusted with the responsibilities of lodging the FIR, making investigation, submitting charge sheet and all other duties for conducting the case. Mr Mahbubur Rahman's argument is that as in that resolution there was no re..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....owers of management of the Company as vest in the directors are generally to be exercised collectively and that this read with Article 141(7) includes the collegiate power and authority to institute, conduct and defend legal proceedings by or against the Company. Indeed, the Articles allow for direc..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....o. 5 of 2008, which declared the Contempt of Court Ordinance, 2008 unconstitutional for the power of the President under Article 93 is very limited and he can make an Ordinance which is necessary for conduct of the election only fulfilling the conditions of Articles 58D and 93 of the Constitution. ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....“83. Nothing is an offence which is done by a child above nine years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.” 13. In the face of such legislation it is the bounden duty of the Co..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ce no further evidence could possibly be unearthed which could legally be accepted in support of the prosecution case. 87. We would also wish to record our utter dissatisfaction at the manner of conduct of the case by the learned trial Judge who was pleased to pass a sentence of imprisonment fo..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....ers and the authority settled the matter but at his instigation his younger brother assaulted complainant Gongaram which is undoubtedly a dishonesty on his part which comes under the definition of misconduct and also against the rules of business and customs prevailing in the Tea Garden and is punis..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....on touching upon the rights of the transferors and transferees of the Bank's shares as well as the size of the paid-up capital of the Bank that in turn is apprehended to impact on the holding and conducting of the 23rd AGM in various ways. Given that Agenda No.2 pertaining to dividends of the..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
.... Tribunal for their safety in the Court and other places but on that ground it is not proper to transfer the case if the cases is transferred it will cause hardship to the accused opposite parties to conduct the case. In view of the above, we find no substance in the submissions of the learned A..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....a 16,60,000/00 the suit being ready for peremptory hearing. Defendant's story of delivery of possession by the plaintiffs also appear to us against the common course of natural events, human conduct and public and private business in relation to the facts of the case as articulated in secti..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....absence of any contract to the contrary, the tenant has, without the consent in writing of landlord, sublet the premises in whole or in part, or (c) where the tenant has been guilty of conduct which is a nuisance or any annoyance to occupiers of adjoining or neighbouring premises..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....l case, the Court cannot proceed to consider the evidence of prosecution witnesses in a mechanical way. The broad features of the prosecution case, the probabilities and normal course of human conduct of a prudent person are some factors which are always kept in mind while evaluating the mer..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....oner's object is to take away the child from his father in order to make him forget his father. The boy, on the basis of the evidence on record, found that he never lived with his father and the past conduct of the mother is not supported by evidence that betterment of the child lies with her. There..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....Code. And in no case he should have allowed time to the plaintiffs to file the documents after the application was filed by defendants under the said provision of the Code. We very much deprecate the conduct of the learned Subordinate Judge in allowing time to the plaintiffs one after another and ev..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
.... wherein it is decided that the court is to examine the circumstances of the acts and their result for the purpose of gauging natural probabilities. When all the averments and natural course of human conduct and probability of the case lead to hold a view that the prosecution is not telling the tr..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....a 38, 06,058. Simple interest means interest applied on quarterly rest. Simple interest of Taka 13.6% means annual interest with quarterly rest subject to charging of penal interest on unsatisfactory conduct. The petitioner did not pay the aforesaid amount. Therefore, the Bank instituted Civil Suit ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9