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Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....n 409 or under any other section of the Penal Code and, therefore, the continuation of the proceeding will be an abuse of the process of the Court and hence liable to be quashed to secure the ends of justice. Mr. M Nurullah also submits that the loan having been sanctioned by the Upazila Education O......from the Education Officer he sent the bills for payment against the GP Fund to the depositees. The contention of Mr. Barua does not get support from the allegations made in the FIR. There is also no document or paper to show that the Accounts Officer passed the bills without having any authority fr..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....h the bank and ultimately entrusted to his custody. For violation of such a sacred trust undoubtedly a severe sentence is called for in public interest. But we are also not oblivious of the fact that justice should be tempered with mercy. In a modern society purpose of imposing sentence on a person ......Khata. So on consideration of the above it cannot be said that the confessional statement was not true. Even if the confessional statement is excluded from consideration there are sufficient oral and documentary evidence on record to decide the case. Trial Court also did not find the appellant guilt..Category: Criminal Law | Date: | Hits: 91
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......e aforesaid purpose, a waqf by user, and a waqf created by a non‑Muslim." There is no denial that the mosque is being used as a place of worship on the land left by late Abdur Rahim. There is no document of permanent dedication as contemplated in section 2(10) of the Ordinance in this case. Thu..Category: Trust/Waqf Law | Date: | Hits: 183
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....of his contention the learned Advocate for the petitioner has cited the case of Syed Mahmud Alam Vs. Syed Mehdi Hussain reported in PLD 1970 (Lahore) wherein it was held: "The principle of natural justice, namely, audi alteram partem has, by now, been firmly established by the force of precedent ......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....e evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, when the inference of gui......uccessor Project Implementation Officer in visiting the project areas. P.W.9 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 14. P.W.10 Jagadish Mondal, a village defense police Of Jalma Union Pa..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....e evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, when the inference of gui......ssor Project Implementation Officer in visiting the project areas. 14. P.W.9 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. P.W.10 Jagadish Mondal, a village defense police stated that during inves..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....e evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, when the inference of gui......ssor Project Implementation Officer in visiting the project areas. 14. P.W.8 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 15. P.W.9 Jagadish Mondal, a village defense police stated that during..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....well established and enshrined in numerous decisions by eminent Judges of the Superior Courts of this sub‑continent. Indeed it was necessary to recognise this rule for ensuring real and substantial justice between the contending parties seeking justice in Courts, whether Civil or Criminal. Taking ......rl and the maturity of understanding it appears that the girl is aged at present Over 16 years. As the actual age cannot be ascertained at this stage without entering into the evidence both, oral and documentary, it should be left for the trial Court to decide. If it is found that the girl is aged l..Category: Criminal Law | Date: | Hits: 80
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....discarded the evidence of eye witness of the occurrence without at all discussing the same and in coming to its decision totally misread the post-mortem examination report which caused miscarriage of justice. The learned Deputy Attorney General submitted that the trial court properly considered the ......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...Category: Criminal Law | Date: | Hits: 48
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....f the plaintiff. According to the plaintiff, the order of dismissal passed by defendant No. 2 under the sign4ture of defendant No. 3 is illegal, inoperative, void and against the principle of natural justice. The said dismissal was done with a motive to give a stigma to the good name and reputation ......he received both the notices and after giving a written reply to the notice of showing cause he did not go before the Enquiry Committee and did not examine any witness or produce any further paper or document or evidence before the committee to controvert the reliable and impartial incriminating evi..Category: Employment/Service Law | Date: | Hits: 108
....p between the petitioner and the respondent No. 2 was not happy and that it would not be proper to thrust the respondent No. 2 upon the unwilling master by ordering his reinstatement and that ends of justice would be met if the dismissal order was converted into an order of termination with immediat......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
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Category: Labour and Industrial Law | Date: | Hits: 133
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....ur utter frustration and helplessness in such matter. If the subordinate Courts go on nullifying orders of the Higher Courts then there will be complete indiscipline in the field of administration of justice and people's confidence in the judiciary will be shaken. 9. The only course open to the o......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....but would be deemed to be a warrant of arrest as if issued from the Court of Magistrate and the detenu if thereafter did not surrender, would violate an warrant of arrest and would be a fugitive from justice and the order thereafter would no longer be preferable to the detention order, which is an e......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ....... Mr. Aminul Huq, the learned Advocate appearing for the accused‑appellant, has taken us through the First Information Report, the chary sheet, the evidence of the witnesses and the contents of the document marked as exhibits and read out the judgment of the trial Court and then submits that there..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......defendant No. 5; that the said suit was decreed on compromise for a sum of Tk. 90,667.00 and on payment of the same the suit properties was to be redeemed in favour of the added defendant and all the documents of the suit property was to be returned to the added defendant, the said purchaser company..Category: Property Law | Date: | Hits: 69
...., sections 9, 10(3) and 11 of the said Act are ultra vires of the Constitution. There having been no redress of the petitioner's case, it has filed this Writ petition after serving a notice demanding justice. The petitioner also filed some supplementary affidavits which are on record.
3. The resp......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
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Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....uation of the original proceeding against the accused petitioner and others is an abuse of the process of law and Court and hence the criminal proceeding is liable to be quashed to secure the ends of justice. 6. Mr. Abdul Hamid Chowdhury, the learned Advocate has referred to section 196, which pr......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...Category: Criminal Law | Date: | Hits: 70
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......een taken in the memo of appeal, Mr. Farooqui has strenuously argued laying stress only on a few of them after taking us through the plaint, written statement, the deposition of the witnesses and the documents produced and marked as exhibits in the suit and also the judgment of the learned Trial Cou..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....orted forgery in enlisting their names in the MFC stopped their salaries on the basis of the recommendation made by the Deputy Commissioner, Nature. There was no violation of the principle of natural justice in issuing the impugned order. The writ petition is liable to be dismissed. 4. The High C......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ..Category: Employment/Service Law | Date: | Hits: 58
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
....r Sinha J. - The subject matter of these petitions are similar and the parties involve in these petitions are same. Accordingly, these petitions are taken up for analogous hearing for the interest of justice and to avoid repetition. 2. Civil Petition No.1246 of 2010 arose from the judgment and or......ng Director of the company against which the Registrar, Joint Stock Companies filed a criminal case against them. In the absence of the respondent No.3, the petitioner No.2 was the custodian of the documents and taking advantage of the situation, he manufactured the documents. The case is under ..Category: Criminal Law | Date: | Hits: 70
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