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.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......respondent No. 3. The bills of exchange and Export Documents were purchased by respondent No. 3 to be negotiated at its own risk and responsibility. The respondent No.3 failed to negotiate the export documents and decided to pass on the liability to the petitioners and demanded payment for the same...
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......ncome Tax Rules. The Appellate Tribunal, as it appears from the impugned order, took the view that admittedly the assessee appellant is the director of more than one company and he could not show any documentary evidence from the other company that he does not receive any remuneration therefrom and ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....emedy is not efficacious or adequate; and where the wrong complained of is so inextricably mixed up that the High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. In the present case, the alternative remedy is not equally efficaci......vessel within the Bangladesh fisheries waters and make any examination concerning that vessel and stop and inspect any vehicle transporting fish; or require any person to produce any licence or other document required under this Ordinance or any rules made there under for examination. 12. Section..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....ntion of the Rules of 1998 and, as such, no renewal of the said licence was granted to the petitioner. The petitioner was given sufficient opportunity to defend himself and the requirement of natural justice was followed by the respondents before issuance of the impugned order. The petitioner has ne...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....ual physical possession, both the Courts below erred in law in decreeing the suit without taking into consideration of long possession of defendant No. 1 in the suit land, which occasioned failure of justice. 17. He submits that finding by the Courts below that defendant No. 2 was a 'Benamdar' of......f or reliefs the plaintiffs were entitled to? 13. Plaintiffs examined six witnesses while defendant No. 1 examined five witnesses in support of their respective cases. Plaintiffs adduced number of documents, which were marked as exhibit 1 to 1 (d), 2-2(ka) 3, 4 to 4(d) and 5 to 7 and while those ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......ve, a Division Bench of this Court held: "The legal position with regard to an entry in School Register. Admit Card and Board, Certificate is that such Registers. Cards and Certificates as public documents and are admissible in evidence under section 35 of the Evidence Act, but the evidentiary v..Category: Election Law | Date: | Hits: 87
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....t. With this regards he submits that such observation is absolutely an erroneous one of the learned Judge by which he evidently fell in error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Md. Ibrahim Khalil, the learned Assistant Attorney-General appearing on behalf o......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....everal representations stating the cause which prevented him from performing his part of the contract. 3. Finding no other alternative, the petitioners served notice upon the respondents demanding justice. Though the notice was served upon the respondents, but no action was taken. 4. Responden......04, indicating commencement of work on 12-6-2004 and completion thereof on 30-6-2004. The petitioner started negotiations with the exporting country according to the direction contained in the tender documents. The petitioners filed an application to respondent No. 4 on 20-6-2004 for extension of ti..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
....etitioner is liable to be set aside. Furthermore, the accused-petitioner have gone thorough the motion of a full scale trial and that the trial itself was without jurisdiction and will be an act of injustice if he is required again to go for a fresh trial and, as such, for the ends of justice we ref...... convicted the accused-petitioner under section 19(a) of the Arms Act. 12. We find from the record that the accused petitioner filed an application annexing with the tuition fees receipt and other documents that he is a student of Class-VII and a minor aged about 13/14 years and he should be trie..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....ch must be sanctioned under present circumstances. The legislature has conferred the power to condone delay by enacting section 5 of the Limitation Act in order to enable the Courts to do substantial justice by disposing of the matter on merit. 27. The cited decisions referred to above by the opp......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....in the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limitation shall run from......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....by the petitioner must not, inter alia, lose sight of the need to enquire into the extent to which, if at all, such error is indeed, reflected in a perverse judgment that has resulted in a failure of justice. 6. Heard the Learned Advocates for the petitioner and opposite-parties, perused the appl......9. This Court also notes that this view received its due endorsement in Risal Singh Vs. Monohar Lal reported in AIR 1927 Lahore 48 at page 750, column 2 to the effect that in the case of a registered document it is to be assumed that the document was explained by the concerned official at the releva..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ehear the appeal heard under Rule 31 of the said Rules. Rule 42A of the said Rules is not a stage of Settlement operation and that the respondent Nos. 1 and 2 can apply it more than once for ensuring justice and preparation of correct record of rights and, as such, the order passed by the respondent......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....back on remand to the trial Court for fresh trial since the prosecution failed to adduce any legal evidence to substantiate the charge. In that view of the matter, we are of the view that the ends of justice would be met if the appellant is acquitted of the charge leveled against him. Accordingly, w......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....great intellectual and an asset of the country. The void created by his tragic death can hardly be filled up. The heart really bleeds on account of the tragic (and) death of such a valuable life. But justice is blind. In the domain of justice feelings, emotions or sentiment have no part to play." ......g his statement. 53. It is contended that PW 3 is an informer of the police and, as such, his evidence should not be relied upon. This contention could not be proved by any evidence either oral or documentary. 54. The learned Additional Attorney-General cites the case of State Vs. Faruqur Rahm..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....rned District Judge misconceived the moot point in order to dispose of an application filed Under Order VI, rule 17 of the Code of Civil Procedure, thereby took erroneous view, causing miscarriage of justice. He adds that the proposed amendment will not change the nature and character of the suit. H......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....f the High Court Division to make such order as may be necessarily to give effect to any order made under this Court or to prevent abuse of the process of the Court or otherwise to secure the ends of justice. The inherent jurisdiction of the Court under section 561A should not be invoked where some ......he learned Deputy Attorney-General appeared for the State and opposed the Rule. 12. We have gone through the miscellaneous application and the grounds there under and also the connected papers and documents annexed with the application and heard the learned Advocates of both the parties at length..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....cised its discretion and awarded a lesser sentence, which would be sufficient to give the accused a lesson that crime will not go unpunished. In my view, in the facts of the instant case, the ends of justice will be sufficiently met if the petitioner is sentenced to imprisonment for the period alrea......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
...., Rangpur Cadet College branch, Rangpur by instituting Artha Rin Case No. 8 of 2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpetuate an injustice to the accused petitioner, as such, for ends of justice, the aforesaid case is liable to be ......ith 25% margin for BDT at Taka 15,35,593,50 and by another LC dated 28-10-1998 for importing 100 metric tons of Indian rice with 25% margin for Taka 9, 74, 980 with the complainant Bank. The shipping documents of first LC reached to the complainant Bank on 22-10-1998 and under condition of the said ..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....quantum of sentence to be imposed. Therefore, we are inclined to accept the submission of the learned Advocate for the accused-appellant and reduce the sentence. In our considered view, the demand of justice would be met if the sentence of life imprisonment is reduced to 7 years rigorous imprisonmen......he post-mortem report and his supporting evidence. 35. PW 13 Md. Nurul Afsar Bhuyan is investigating officer of the case and he deposed about investigation works done by him and proved the related documents prepared by him at the time of investigation. He deposed that on getting prima facie mater..Category: Criminal Law | Date: | Hits: 93
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