Search Options
Judgment Advanced Search
Displaying 201-220 of 4590 results.
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... independent inherent Mst. Nahida Sultana Vs. M power of the High Court Division of the Supreme Court and this power can be exercised in case of abuse of process of court and for securing the ends of justice and or to give effect to any order under the code." Under the facts and circumstan...... where a prima facie case of criminal offence has been clearly made out, the High Court Division in a proceeding under Section 561A Cr. PC has little scope to scrutinize the truth or otherwise of any document or other evidence, which may be used as a defence in a criminal proceeding. In support of h..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....riminal Procedure while framing charge cause injuries the accused and because of the omission deprive him of proper taking defence and, as such, the error in the charge definitely occasion failure of justice." 45. It has also been held in the case of Nurul Islam alias Nur Islam Vs State re......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ent's pleasure”. In the case of Union of India Vs Sankal Chand Himatlal (AIR 1977 S.C. 2328) Bhagwati J observed that the independence of Judiciary is a fighting faith of the Constitution. Fearless justice is a cardinal creed of this foundation document. Indian Supreme Court in the case of S.C. Ad......t could swing to an unpalatable predicament. During the proceedings, Mr. Manzill Murshid, the learned counsel for the Petitioner, brought to our notice certain media clippings. It transpires from the documents that the Hon'ble Speaker was not briefed on this matter with meticulous precision. Contrar..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....al statement and as such he was on better footing than the other confessing co-accused Mokbul, but the High Court Division has failed to appreciate this position and thus has committed miscarriage of justice in not commuting the death sentence of this accused petitioner Jamat Ali also. The learned a...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....nes from “The Nature of Judicial Process by Benjamin Cardozo” as under: “There is an old legend that on one occasion God prayed, and his prayer was “Be it my will that my justice be ruled by my mercy” 22. Taking into consideration, the facts and circumstances......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... Council is also hereby dissolved. In view of the vacume, the National Sports Council, the parent body is directed to set up an ad-hoc Committee, excluding any of the person named in the impugned document, for a period of three months and then take steps to hold the election of the Federation’..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....g certificate to Bank despite the provision of section 26 of the Artha Rin Adalat Ain, 2003 and Order 21, Rule 101 of the Code of Civil Procedure, thus committed error of law occasioning failure of justice. Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparatio...... properly constituted suit, the auction purchasers cannot acquire any right in the said property. 5. On consideration of the facts and circumstances of the matters and upon perusal of the documents enclosed with the paper book, we find merit in the contention of the learned counsel. L..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
.... the powers and functions of the three organs of the government. It has to be made clear to them that this Court is not a helpless machinery and that this Court is not only a Court to administer justice, but is the judicial organ of the state and exercising sovereign judicial power of the ...... (on behalf of his client) before this Court, submits that the respondent-contemner was, indeed, willing to complete jobs assigned to his firm and out of that bonafide intent he had only retained the documents, without knowing that it was his obligation to return the documents immediately upon ..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....view of the above we find substance in the contention of the learned Advocate for the opposite party bank. We hold that the learned District Judge has committed no error of law occasioning failure of justice in setting aside the ex parte decree. In view of the above, we find no merit in this rule.......n statement for American Express Bank Ltd and the trial Court by order dated 12.08.2009 allowed the same. The added respondent then contested the suit in its own behalf and adduced evidence, oral and documentary, but the plaintiff neither filed any document nor adduced any oral evidence to prove his..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......-Committee constituted by the Parliamentary Standing Committee on Shipping, it was observed, inter alia, that an inexperienced consultancy firm was given the responsibility of preparing the tender documents for appointment of Berth Operator; that some information had been provided in the tender..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......n such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is documentary evidence, it can be taken into consideration at the time of trial as per section 30 of t..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
.... an abandoned property. In the early part of 2000 AD, the writ petitioner came to know that the property has been enlisted in the ‘kha’ list and thereupon he served legal notice demanding justice upon the writ-respondents by delisting the property from the list of the abandoned buildings...... to look after, manage or control the property in question and as such, the property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured document to raise claim in the property. The so called gift is hit by the provision of clauses 20 an..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....at keeping the litigations pending in the High Court Division, it is not possible to initiate the election process afresh. 38. This Division previously exercised the power of doing complete justice under article 104 of the Constitution in several cases including the cases of M/s Gannysons ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......4, it appears that they did not stage anything about execution of the 'bainapatra' by defendant No.1 in their evidence. 17. What is important to note here is that execution consists in signing a document read out and understood and does not consist of merely signing a name upon a blank sheet of..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....ted thumb impression is necessary for the purpose of resolving all controversies involve fit the suit between the parties, we are of this view that such ex parte order has occasioned no failure of justice. 6. As regards the other point as to the rejection of the earlier prayer, we are of th......any revision petition and, therefore, the said order had attained into finality. 4. The deed of gift alleged to have been executed by Abdur Rashid, the predecessor of the plaintiff, is a vital document for the determination of real controversy in the suit, inasmuch as, the defendant is bank..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....of 1.54 acres of land out
of writ-petitioner's 20 acres
lease-hold land without serving any notice upon the writ petitioners have been
illegal and also in violation of the principle of natural justice.
11.
We do not find any wrong or illegality in the above findings of the High Court
D......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... they have disconnected my telephone line". In view of such admission of the petitioner as DW 1 the question of service of notice of disconnection does not arise. D.W.4, did not produce any document to show that respondent No.1 ever raised any objection to the issuance of main bill of Tk.3..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....age, considering the nature of the offence committed by the appellants, we find it a proper case to alter their conviction in exercise of powers under Article 104 of the Constitution for ends of justice. As regards the plea of minority of the appellants, I endorse the views of my learned brothe......on/formation of a firsthand idea as to whether the person is a child or not would be needed or called for. There may be cases when the age of the person so brought is mentioned in the above mentioned documents as 16 or any other approximate age (but not under 16) or even above, there may be cases wh..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......ly and/or fully provisioned with the necessary software interface with the other equipments which were supplied. These problems, which were in relation to both the hardware and the software, are well documented in e-mails and correspondences between the petitioner company and respondent No.1. But th..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
96159006696983557336776785778771964877658563878773388700851086148564708887168536