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Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

....lants submits that the accused‑appellants in the petition under section 540 of the Code of Criminal Procedure had mentioned the proposed questions to be put to the PWs 1, 2, 5 and 6 for the ends of justice but the court below without considering the judicial aspect of the prayer whether it is esse...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....rty and hence earned wrath of the Member elected from the ruling party who also became a Hon'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a view to ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

Grameen Bank Karmachari Union Vs. Member, Labour Appellate Tribunal Dhaka and others, 1998, 27 CLC (HCD)

....n of the petitioner’s union; that so notice to show cause was served upon them nor was there any enquiry held in their presence and accordingly, the order passed is against the principle of natural justice; that the finding of the Second Labour Court that the petitioners membership fell below 30% ......-10-92 according permission to respondent No.2 for cancellation of registration of the petitioner. 7. The petitioner contends that in according permission the learned Chairman did not consider the documents filed, objection raised on points of law and the decision cited on behalf on the union and..

Category: Labour and Industrial Law | Date: | Hits: 186

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

....nding, inter alia, that the­ learned Senior Assistant Judge was perfectly justified in passing the impugned order and it does not suffer from any illegality or legal infirmity occasioning failure of justice so as to justify interference by this Court exercising revisional power. 9. In view of th......torney dated 13‑11‑1998, authenticated by a Magistrate at Tripura and sent to Arab Ali Master by registered post, alleging that the aforesaid power of attorney was a false and fabricated piece of document and, as such, Md. Arab Ali cannot be allowed to act as the constituted attorney of plaintif..

Category: Property Law | Date: | Hits: 65

Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......oice and bill of lading dated 8‑1‑1998 and 10‑12‑1998 respectively. After arrival of the goods, a clearing agent on behalf of the petitioner submitted bills of entry along with other shipping documents for release of the goods on payment of customs duty, etc on the basis of invoice value of ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....plaintiff. He finally submits that the Subordinate Judge erred in law in not staying the proceedings of the suit and referring the matter to the Tribunal of the MCCI, which has resulted in failure of justice. 6. Opposing the Rule, the plaintiff has filed an affidavit‑in‑opposition. Mr. Rokanu......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..

Category: Property Law | Date: | Hits: 61

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....has allowed the appeal reversing the judgment of conviction and sentence without proper considera­tion of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd marriage are totally errone......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...

Category: Criminal Law | Date: | Hits: 39

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......plicable in view of the facts that prosecution has used the seizure lists, medical report and confessional statement of the accused in this case, which are not evidence in a case. Statement in public documents are receivable prove the facts stated on the general ground that they are made by the auth..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....nviction awarded and sentence imposed upon accused-­appellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensation of criminal justice? iii) Whether fortune shall smile upon accused-appellants on a verdict of acquittal upon ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....2 for securing the purpose of the impugned Act and that the transfer of the petitioner as Inspector, in place of Appraiser is a demotion without any departmental proceeding and a violation of natural justice. He has further submitted that in the Schedule of the impugned Act (Act XX of 2000) the post......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..

Category: Employment/Service Law | Date: | Hits: 116

Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)

....aw in not deciding the right, title and interest of the parties in the suit land. Learned Counsel further contended that as the High Court Division did not enter into the merit of the matter, ends of justice demands that the matter should be remanded to the High Court Division for fresh decision. ......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...

Category: Property Law | Date: | Hits: 48

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice in a particular case. The only other case where the prayer may also be considered may occ......forger. Anticipatory bail was sought before High Court at Karachi for the petitioner. The High Court at Karachi granted anticipatory bail to Petitioner. In granting anticipatory bail it was held that document allegedly forged ex facie did not show any tampering nor indicate any forgery and there is ..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of any such conditions the interference by the High Court Division itself bec......property in the abandoned property list after observing all the formalities of law and where about of the original lessee Md. Moslem was not known but the petitioner could not produce any evidence or documents that the original lessee Mr. Moslem was very much present in Bangladesh before or after th..

Category: Property Law | Date: | Hits: 54

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....ing the impugned order holding that the issues involved in the two suits are not directly and substantially the same and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Islam further submits that the learned Assistant Judge erred in law in holding that the......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......he memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. A..

Category: Criminal Law | Date: | Hits: 41

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....he petitioner has asserted that the Chairman, Water Development Board did not comply with the request of the petitioner. 18. The petitioner failing to obtain favourable reply sent notice demanding justice on 9-12-96 through his lawyer and requested the respondent No. 3 to dispose of the review pe......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136...

Category: Employment/Service Law | Date: | Hits: 72

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....appeal below erred in law in allowing pre-emption without considering the fact that the case was barred under the principle of estoppel, waiver and acquiescence and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..

Category: Property Law | Date: | Hits: 56

Mukit and others Vs. State, 2011, 40 CLC (AD)

....l for, if we interfere on the said point, we will be left with no option other than to send the matter back on remand to the trial court for writing out a proper judgment, in which event, the ends of justice will be defated. 12. Now turning to the merit of the case, we noticed that Monu Mia (P.W.......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..

Category: Criminal Law | Date: | Hits: 49