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Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....;inherent jurisdiction' in the High Court Division in addition to the statutory jurisdiction vested in it under section-S(1) of the Act in respect of company matters, to pay any order for ends of justice 12. It is also apparent that pursuant to the direction contained in BRPD Circular Lette......Abdul Mia (who had filed Title Suit No.189 of 2011) was added as respondent No.3. 4. It further appears from the record that pursuant to an order dated 30-7-2012 the respondent has filed certain documents today annexing with an affidavit-in-compliance dated 1-8-2012. 5. The learned Advocat..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....udiced the accused as incriminating evidence or circumstances sought to be proved against the accused was not put to the accused during examination under section 342 CrPc causing gross miscarriage of justice. In the case of Mizazul Islam @ Dablu Vs. State 41 DLR (AD) 157 sandal which was the incrimi...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s from the possession of the accused. In such case where the evidence of the Police personnels form the only witness on which the Court has to act upon. It is absolutely necessary for the interest of justice that at least their statement must be in conformity with the probability and in a case like ......im as Kazi Nasiruddin Babul. On interrogation and search they recovered one foreign revolver having 8" length made of Japan, four round bullets, two pass-ports, one driving licence and some bank documents from him in presence of locals namely 1 Nur Mohammad (P.W.4), 2. Mosharraf Hossain, 3. Ahm..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....on 561A of the Code of Criminal Procedure is possible in cases of (a) facts alleged not constituting any offence (b) bar of law (c) coram non judice (d) lack of legal evidence adduced and for ends of justice. None of the conditions referable to (a), (b) and (c) is applicable in the present case befo......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ...... going to the materials on record we find that in the petition of revision the accused-petitioner advanced the following grounds that the offence as alleged in the complaint petitioner relates to the documents of certificate case No.10-1091 of 1962-63 relating to the auction sale purchased by Faizun..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion of earlier assignment given to the petitioner vide letter dated 30-11-2008 without issuing notice upon the petitioner for such cancellation of assignment is nothing but complete denial of natural justice of the petitioner. 13. Moreover, he submits that the claim made by the Respondent No.1 ...... has been claimed by the Respondent No.1 as License Renewal Fee vide the said letter of the Respondent No.1. In the said letter the Respondent No.1 has also requested the petitioner to submit certain documents. In these regard the Respondent No.1 has provided 10 days time to the petitioner for makin..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....sible for the cause of death. The evidence in this connection is superficial in nature. As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life&helli......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
.... of law despite the learned trial court rightly decreed the suit the court of appeal without considering the aforesaid aspect erred in law resulting in an error in the decision occasioning failure of justice. The learned Advocate for the plaintiff-petitioner Mr. P.C. Guha also submits that the plain......he aforesaid Act sentencing him a fine of Tk. 25/- (twenty five), in default to suffer imprisonment for 7(seven) days for his offence of going to India and coming back to Bangladesh without any valid document.
3. The contrary case of the defendant-opposite parties in brief, is thus, that the pl..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......hat the decree in a suit for specific performance of contract will show that it was only decided the controversy between the vendor and the vendee and the vendor was directed to execute the necessary document in favour of the vendee. It has further been held that such a decree is not the one which i..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......S purchased the pre-qualification document and submitted all the relevant information before the BTCL on 4-7-2011 in strict compliance with the conditions specified in the pre-qualification document. Thereafter, BTCL vide its letter dated 2-8-2011 asked NETAS to provide clarification on 4(..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to support his claim in respect of those shares are vague. In ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......etion of the project, there is indication from annexure-D that they would be absorbed; that in the absence of project profile it is not possible for ascertaining the terms upon which the project document refers to the aspect to the revenue setup; that the Ministry of Education has decided to ab..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......letion of the project, there is indication from annexure-D that they would be absorbed that in the absence of project profile it is not possible for ascertaining the terms upon which the project document refers to the aspect to the revenue set up; that the Ministry of Education has decided to a..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....did not want to purchase the scheduled land of the agreement and the same was, in fact, executed as a security for the loan taken by the defendant. He has further submitted that to secure the ends of justice, the High Court Division ought to have sent the suit back on remand to the trial Court for p......ntiff, the suit was not maintainable and the same was liable to be dismissed. 4. At the trial, the plaintiff examined two witnesses while the defendant examined four witnesses. Both parties proved documents which were marked as Exhibits. 5. The trial Court by judgment and decree dated 16-3-199..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....ers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. This sec......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....tion' which means studying the prevailing customs of the community in the pertinent area; "directive forces', which is the method of sociology that reflects a Judge's outlook on justice, morals, and social welfare, the more of the day. The Judges are riot free, to set-aside exi......i Tayyabi (P.W.32), and the circumstantial evidence. In support of the other charge, it has relied upon the confessional statements, the circumstantial evidence adduced by P.Ws.6,19,32, the documentary evidence, Exhibit 16 said to have been proved by SM Jahangir Chowdhury (P.W.33), the bre..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....l written statement The question of filing additional written statement comes in whenever any new fact is incorporated and a new case is made out and in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence.........y;dant could not adduce any reliable evidence. On the other hand, the plaintiff produced rent-receipts showing payment of rent and adduced evidence in support of his possession. The rent-receipts are document of possession and collateral evidence of title is the settled law and that has been settled..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....oint a Magistrate of First Class for handing over the possession and control of the mortgaged property to the Financial Institution/Bank when requested. In such circumstances, we are of the view that justice would be done if a direction be given upon the respondent Nos.1 and 2 to take necessary step......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
.... case, practically, there is no evidence to prove the charge against this accused-petitioner Md. Shahabuddin and that both the trial court and the appellate court has committed great miscarriage of justice in convicting and sentencing this accused-petitioner in the absence of any evidence at all. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....1898 (Act No. V of 1898); section 561A The inherent powers of the High Court Division is neither alternative nor additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. Section 561A,......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
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