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Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....lip; Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admittedly, all the three educational institutions in questions were included in ......agor, District-Meherpur was given permission to start HSC (Business Management) Education vide a memo dated 26-6-2005 for the year 2005-2006. The college authority subsequently forwarded the relevant documents of the teachers and staffs of the said college to the Secretary, Ministry of Education on ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....give any cause of action to the complainant-company to resort to the provisions of section 138 of the Act, 1881, giving rise to sessions cases in question and this failure has caused miscarriage of justice in discharging the Rules. He has further submitted that the High Court Division wrongly inte.......07.2008 and 12.08.2008) the complainant was absent and no step in the case was taken on behalf of the State as well. On 16.09.2008 on behalf of the prosecution, Yasin Kabir was examined as F.W.1 and documents were proved and marked as exhibits and on the prayer of the accused-petitioner, cross-exam..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....isconstrued the case and misread the documentary evidence of the case and upon non consideration of materials on record, arrived at a wrong finding and dismissed the suit, which caused miscarriage of justice. The learned senior advocate further submits that the trial court failed to consider that th......visional survey in S.A. plot No. 166, 167, 172, 173 and 171 and the same was recorded as R.S. Khatian No. 1. The plaintiffs tried to grab the government property by creating some false and fabricated documents and filed this suit against the defendants. The government owned and possessed the suit sc..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Ain, 2000 concerns the offence of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of justice, Tribunal Judges are empowered to try any other related offences simultaneously The of...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....e learned Metropolitan Sessions Judge, Dhaka committed serious illegality in allowing the revisional application and, as such, an interference is called for by this Division for securing ends of justice. 8. Mr. Sk Golam Hafiz, the learned Advocate appearing on behalf of the opposite party ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
......pointment letters to the Ministry of Establishment. Pursuant to the writ petitioner’s representations from time to time, the Government was satisfied on perusal of their relevant documents that they were Ex-Mujibnagar Employees and nominated them for their absorption to their re..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....take any step for hearing of the Rule although he filed the vakalatnama on 23-8-1993. 18. Thus, in exercising power under section 247 and 561A of the Code of Criminal Procedure to secure ends of justice and to abuse of the process of the Court, we are inclined to quash the proceeding of the pre......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....for the defendant, on the other hand, supports the judgment of the High Court Division and submits that the High Court Division rightly held that the plaintiffs' suit was abated and for ends of justice, the High Court Division remanded the suits to the trial Court for fresh decision. 7. W......nder: "I. Because the trial Court having found that the alleged power of attorney (on the basis of which alleged sale deed was executed and registered) in favour of Azizul Islam is not valid document in respect of the suit property and aforesaid finding having been made by the trial Court o..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......or the plaintiff's 3 witnesses were examined and for the defendants. 4 witnesses were examined. In the suit plaintiff Exhibited as many as 38 Exhibits. No one of the defendants Exhibited any document. 9. Mr. AJ Mohammad Ali, along with Mr. Mahbub Ali and Mr. Md Ziaul Hoque, learned Adv..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither section does invest the Court with any new power. The power is already there and...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....ition Dhaka City Corporation has already given allotment to those hawkers and thereby has legalised their occupation in the foot-path of the market place. Hence, he submits that for the cause of justice and equity and for the interest of the public at large such unlawful action of DCC should be......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... to enhance sentence when the sentence passed is grossly inadequate, or when the sentence is such a manifestly inadequate punishment for the offence committed as to amount to miscarriage of justice, or where the discretion has been exercised perversely, or upon wrong principles or where th...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....ty Judgment March 5, 2012. Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Section 561A Anti-Corruption Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (......he 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....eport of the IO is contradictory. 28. In view of the above we hold that the investigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the cha......ces against the accused-petitioners and therefore the proceeding of the Special case should not be quashed. 13. We have perused the materials on record including the FIR and charge-sheet and the documents Annexed with the application. 14. We have considered the grounds taken in the applicati..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....poses specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inhe......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....h Court Division was only concerned with the question as to whether the appellate Court in giving that finding, committed any error of law resulting in an error in the decision occasioning failure of justice", and the case of Waliullah Vs. Hasina Begum, 23 BLD 67=8 BLC 694 wherein it is held th......23, 2012. Result: The rule is made absolute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement bin..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
....ed by any law. Moreover it is contrary to the provisions of the
Constitution of Bangladesh. Hence it is liable to be declared illegal and
without lawful authority.
12. It is in the interest of justice that in order to meet
the purpose of the writ petition and effective solution of the matter......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and complete......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
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