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AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... Senior Assistant Judge or Assistant Judge from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may, revise such decree or order and, make such order in the suit o...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....al to establishment of charge against accused lies upon prosecution which must prove it to the hilt and beyond all reasonable doubt. It is always to be kept in view in our system of administration of justice for all criminal cases that an accused is presumed to be innocent unless that presumption st...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......s and hence the admiralty jurisdiction of this Court cannot be invoked by an action in rem against the two vessels. Mr. Hafizullah refers to Article 19 of the Memorandum of Agreement on page 6 of the documents filed on 18-12-2005 by the plaintiff. He submits that Article 19 of the Agreement, which r..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....remedy 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. It is needless to add that the High Court Division is to see that t......ecified office. 188. In the case of Shahid Nabi Malik (PLD 1997 (SC) 32) their Lordships have further held that: "Constitution unlike a statute cannot be changed or amended frequently. A document of such a basic nature is not merely imprisonment of the past but is also alive to the futu..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
.... no scope for holding any enquiry before revocation of petitioner's licence of Nikah Registrar as he himself admitted the charge brought against him. So, the question of violating the rule of natural justice does not arise. The allegations brought against the petitioner was however, enquired into by......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
...., learned Additional Attorney-General appearing on behalf of respondent No. 3, on the other hand, submits that the present Writ petition is not maintainable and that the petitioner is a fugitive from justice and, as such, without going into the merit, this Rule should be discharged. He also submits ......r as it relates to the petitioner. He further submits that at any rate, the consignment was in the custody of the port authority, and that its employees released the consignment without the requisite documents from Customs authority, particularly without any authority from the petitioner; and so, th..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ground that it is a non-speaking order if on scrutiny it is ultimately found to be sound and correct one. Mere error of law per se cannot render the decision vulnerable unless it occasions failure of justice. In view of the aforesaid discussions, it appears to us that the instant application filed u......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....illegal. 10. The point for determination is whether the learned Additional District Judge committed any error of an important question of law resulting in erroneous decision occasioning failure of justice. 11. Mr. Sarder Abul Hossain the learned Advocate for the petitioners, placed the case of......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
...... that the matter related to a large and complex kind of procurement for implementing a project on a turnkey basis and in reality it seemed unlikely that bid-proposals complying 100% with the tender document and TAM minutes would be submitted. There was no change in the basic design of the plant...
Category: Others | Date: | Hits: 164
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ...... that can fairly be gathered from the evidence and circumstances of the case. It is submitted that the basis of assessment of compensation is already there in agreement Exhibit 1 which is an admitted document and the contesting defendant admitted that he took the medicines worth Taka 1,60,000.00 on ..Category: Banking Law | Date: | Hits: 199
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......dant No.1 and 2 had authority to withdraw money from HRC Case No. 224 of 1983?
5) Whether the plaintiff is entitled to get a decree as prayed for?
6. Both the parties examined witness and their documents were admitted into evidence.
7. The learned Sub-ordinate Judge by the impugned judgment..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....he saved the life of the whole people....." 16. He submits that in Islam life is sacred as it is in most other faiths in the world and the Qur'an itself forbids the taking of life except by way of justice and law (reference Sura-6:151. He submits that a decision cannot be by way of justice and la......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....deceased defendant No.17 Nur Mohammad, the prayer for substitution on setting aside abatement could not be allowed, although the High Court Division never found and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law i......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....estion of amount of VAT and no enquiry was held within the knowledge of the petitioner and requested the respondent No.5 to withdraw the illegal demand which was violative of the principle of natural justice. The petitioner was asked to appear before the respondent No.5 on 20-7-1993 for hearing whic......efinite view that the respondents, prior to proceeding against the petitioner, should have issued a show cause notice and held enquiry affording opportunity to the petitioner to produce materials and documents vis-a-vis the materials and documents of the respondents for a decision as to the alleged ..Category: Fiscal/Taxation Law | Date: | Hits: 139
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....hether there is a prima facie case. Every public officer who has to decide whether to prosecute or raise proceedings ought first to decide whether there is a prima facie case but no one supposes that justice requires that he should first seek the comments of the accused or the defendant on the mater...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....vit-in-opposition has been filed on behalf of the Bangladesh Bank respondent No.1 stating, inter alia, that the action of placing the petitioner under suspension was done perfectly in consonance with justice and requirement of the Act, which will be clear from the fact that an inspection team in the......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Shahidul Vs. State, 1998, 27 CLC (HCD)
....f coram non judice of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. The latest decision on exercise of inherent jurisdiction by this Court under section 561A C......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....atural resources and hence, this petition. 3. Being ignited by the zeal of the members of the said “Centre for Human Rights,” the petitioners, with a commitment to secure economic and social justice for all, filed the instant public interest litigation, pro bono publico. It is the petitione......Cost Oil” as well as to pay prices to buy the gas, will push the country to a situation of economic duress of unbearable proportion. The government, for reasons best known to it, have kept the PSC documents concealed, in breach of the principle of transparency and national interest and, have been..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....II of 1947 are maintained. In view of the fact that the accused appellant is an old man, I am inclined to take a lenient view in the matter of sentence. In the facts of the case, I think, the ends of justice would be sufficiently met if the sentence of rigorous imprisonment for three years as awarde......ction 5(2) of Act II of 1947, to which the accused appellant pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined as many as 12 witnesses and exhibited a series of documents in support of its case but the accused appellant examined none. 6. The learned Division..Category: Criminal Law | Date: | Hits: 88
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