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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ed in AIR 1967 (SC) 249 it was held that, “the exercise of discretion by the trial Court should not be interfered by the Appellate Court unless the exercise of discretion by the trial Court was not judicial or was unreasonable”. It was held in that case as follows: “If the discretion has ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......the state duties that they make themselves vulnerable to such misfortune. The state must act as a good Samaritan to protect the health of the functionaries who are performing distinctively pivotal functions for the state with relentless proliferation. In fact, this concept has remained long reco..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....1 DLR (AD) 69. 10. For the purpose of quashing a pending criminal proceeding under section 561A of the Code of Criminal Procedure, precisely following principles are well settled by various judicial pronouncements of our apex Court. In the case of Ali Akkas Vs. Enayet Hossain and othe......rcising jurisdiction under section 561A of the Code of Criminal Procedure, this Court can not embark an enquiry as to whether allegations and materials on record are reliable or not. Those are purely functions of the trial Court to consider with the help of evidence to be adduced by the parties. It ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ence, it is not their duty to find that there was no conceivable possibility other than the conclusion which they reach, It is not possible for reasonable men to conduct the affairs of life or make judicial decisions on questions of fact with mathematical certainty" Reilly, J. observed: "An ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....als on record and the submissions advanced on behalf of the learned Advocates of the respective parties. As such, there is no scope to say that the learned Additional Sessions Judge did not apply its judicial mind in framing charge against the accused-petitioners and violated the mandatory prov...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the Government or of the public authority to make. There is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear, sound and positive fou......of Posts and Tele-communications (MOPT) under Section 3 of the Wireless Telegraphy Act, 1933, (III) licence/NOC to be granted by the MOI for the Ministry's own convenience for performance of its functions of supervision, monitoring and controlling the contents of broadcasting properly and effe..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ng us through the pictures taken recently and reading over the daily Ittefak article. As none filed any pleading in rebuttal we can take as true the petitioners averments. In fact we can also take judicial notice of the pathetic scenario that prevails in and around the Fort. The only question fo......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... another naraji petition on 26.10.2009, on receipt of which the learned Judge of the Tribunal heard his learned Advocate and directed him to remain present before the Tribunal on 2.11.2009 along with judicial witnesses. Accordingly, the complainant appeared before the Court on 2.11.2009 and filed ha...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
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. ...... 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 ......against them very soon. 13. BTRC is a statutory body constituted under sections 6 and 7 of the Bangladesh Tele Communication Act, 2001 ("the said Act") to regulate, amongst others, the functions of the telephone operators in Bangladesh. Chapter-12 of the said Act contains provisions a..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......to suspect the commission of a cognizable offence which has to be disclosed in the first information report. No court has any power to interfere with such investigation, inasmuch as, the powers and functions of the Court and the investigating agency are complementary. In Bhajan Lal's case the ..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......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..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 ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..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......led from the lips of the witness or if the witness makes statement inconsistent with his chief, the Court may infer an adverse presumption against the party for whom he has deposed in the case. The functions of cross-examination is to have the exact truth, to ascertain what part of the story is tr..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 ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..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......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..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......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37