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Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....d the same cannot be a valid ground to reject the case if otherwise the case is maintainable in law. Finally, Mr. Nurul Amin submits that the impugned judgment is a product of non applica­tion of judicial mind and suffers from patent ille­gality and, as such, the same is liable to be set-sai..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....on has repeatedly held that the court should not be oblivious of the theme that when the finality is attached to the judgment delivered by a court, particularly the judgments at the apex level of the judicial hierarchy, upon a full-fledged hearing of the parties, a review petition being neither in t..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

.... the court below passed an ex-parte decree holding that though the defendant was given time to file written statement they did not file the same. Absolutely on a perverse finding and without applying judicial mind the Court below decreed the suit ex-parte where in so doing not even the plaintiff was..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....s shortly, includes an attack up on any Judge in his public capacity for, such attack would be calculated to malign the Judge and to lower the authority of the Court over which the Judge performs his judicial function. At the same time, it also amounts to interference with thereof. Criticism of Judg..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....y question. Who is Mr. Toby Cadman? Mr.Cadman is a barrister specializing in interna­tional criminal law, with particular knack for such areas as war crimes, international terrorism, extradition, judicial review, prison law and human rights law. Thus, when someone with his skills and expertise w..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....e Petitioner….. (17) In the instant case, there was nothing on record that could have reasonably led the Court of Settlement to find otherwise. The Court of Settlement without following a judicial approach in determining the question of facts involved in this case unfortunately passed th..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....dvancement in the Magistracy’. (Radzinowiez, L. In search of Criminology, Ex. 1961 P.70). Subsequently the Ninth International Prison Congress in 1925 resolved at its London meeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

.... advancement in the Magistracy’. (Radzinowiez, L. In search of Criminology, Ex.1961 P.70).Subsequently the Ninth International Prison Congress in 1925 resolved at its London meeting that ‘judicial studies should be supplemented by criminological ones. The study of criminal psychology and..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ction 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. The High Court Division discharged the Rule. In such back ground of the case, the Appe..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....r the Act to remain fully compliant with statutory prescrip­tions as under Section 81. In this regard, the Court must proceed on the basic assumption that in entertaining applications as this the judicial effort must be as a matter of prudence and indeed in the inter­est of good business to ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....arriage of justice. A review of judgment is a serious step and the Courts are reluctant to invoke their power except where a glaring omission or patent mistake or grave error have crept in earlier by judicial fallibility. It must be conferred by law either specifically or by necessary implication an..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....71) observed that the rules of natural justice applied to 'any body of per­sons having legal authority to determine ques­tions affecting the rights of subjects, and having the duty to act judicially'. The expression 'hav­ing the duty to act judicially' was used in England..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....ssing the evidence and also without entering into the merit of the appeal, acquitted the respondents on technical point. Thus, we are satisfied that the High Court Division has not at all applied its judicial mind in acquitting the respondent. The question has already been settled by this Division a..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....r hearing of the Rule and for the misinformation by his Advocate he did not get any chance for hearing of the Rule and ultimately has been deprived from contesting in the trial Court. 29. In our judicial system, it cannot be denied that the parties are mostly depended on the advice of the learn..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....person from his service compulsorily as happened in the instant cases would not give any immunity to an order passed in the purported exercise under section 9(2) of the Act, 1974 from the scrutiny of judicial review. He has submitted that receiving service benefit would not disenti­tle a public ..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

One Bank Limited, represented by Mr. M. Fakhrul Alam, H.R.C. Bhaban, 46, Karwan Bazar, Dhaka, Bangladesh Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....tial documents to controvert the finding of the tax authorities below and hence, we refrain from interfering with." These assertions of the Taxes Appellate Tribunal shows non-application of judicial mind in the matter. The Tribunal did not noticed that the provision of section 83(2) of the..

Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3

Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)

.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ..

Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6