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Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
.... or mechanism for realizing exclusively individual rights upon individual complaints. The Supreme Court being a vehicle, a medium or mechanism devised by the Constitution for the exercise of the judicial power of the people on behalf of the people, the people will always remain the focal point ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... jurisdiction of the Court before they seek discretionary relief. 11. This Division in ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 45 held that a fugitive from justice is not entitled to obtain a judicial order defying the process of the Court. This Division held: "We cannot conceive of..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
.... from the charge-sheet were shown as the charge sheeted accused in their examination under section 342 of the Code of Criminal Procedure. With that end in view the Tribunal did not at all applied its judicial mind at the time of examination of the accused. They lastly submit that the judgment and or..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....) 58 may readily be referred, wherein it is held,- "The Magistrate is not bound to accept the recommendation made by the investigating officer in his report, but he is required to apply his judicial discretion and he may discharge with the investigating officer. If the recommendation ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... that the Court of appeal below without assigning any reason abruptly came to the finding on the point of defect of parties. This finding of the High Court Division is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....n Tribunal, Patuakhali on 29.9.2004 on the self same allegation. On receipt of the said complaint, the learned Judge of the Tribunal sent it to the Magistrate of First Class, Patuakhali for holding a judicial enquiry and submitting a report. The Magistrate, after completion of his enquiry submitted ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
.... that as per the FIR she sent the written FIR through her husband to the Police Station but a typed FIR was produced before the Court at the trail. He further submitted that the exhibit-3 is an extra judicial confessional statement made by the accused appellant which is not admissible in evidence as..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
.... to oppose the Rule. Tacitly, he favoured imminent action for wiping the menace. 12. Issues raised in the petition are really of distraught nature. The picture as projected, which we can judicial notice of, is gruesomely gloomy indeed. 13. Pitiable though, reality has it that ecol..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....ion by its judgment and Order dated 13-11-2008, held inter alia:— a) Under Article 142 (1 A), the preamble of the Constitution, amongst others, can only be amended by a referendum. b) The judicial power of the Republic is vested upon the Supreme Court under Part VI of the Constitution bu..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....at notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, this Hon’ble Court is yet entitled to exercise its power of judicial review under Article 102 if the action complained of is found to be coram-non-judice, with..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....red in law in directing the appellants to resort to partition suit for recovery of encroached acquired land. c) the High Court Division committed gross error of law and traveled beyond the scope of judicial review in exercise of jurisdiction under Article 102(2)(a)(i) of the Constitution in direct..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... not under the definition of a Judge and the same is beyond the scope of law. 9. In our humble opinion every Judge should remember that they are bound by law, not by emotion or any order extra judicial matters and every Judges must keep themselves above the emotion, gender, caste and creed of..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....e the trial court with an intention to face the trial having no intention to become fugitive and the appellants have got fair chance of acquittal in this case and the trial court without applying his judicial mind rejected the prayer for bail of the appellants most illegally and as such the impugned..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
.... such he may be enlarged on bail and the trial court failed to consider this aspect of the case while rejecting the prayer for bail of the appellant and passed the impugned order without applying his judicial mind and as such the impugned order is liable to be set aside. The learned Assistant Att..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....ted by the case of Government of Bangladesh Vs. Mashiur Rahman reported in 50 DLR (AD) 205 where in their lordships held "It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any Court of law whenever ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....99 was neither given the status of any regulation nor was it ever published in the official Gazette in the form of a regulation. Therefore, it had never any force of a law. It is not conceived in any judicial system, which upholds rule of law that by any resolution or decision any law can be repeale..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5