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State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
.... imposition of death penalty upon convict-appellants warrants any interference by this Court on evidences, materials on record, fact and circumstances of the case and in safe dispensation of criminal justice. 24. The questions posed now may be approached and answered. 25. There is no eye‑wit......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......espondent No. 6, Affidavit-in-reply on behalf of the petitioner filed against the Affidavit-in‑opposition and Supplementary Affidavit-in-opposition on behalf of respondent Nos. 1‑5 and Annexure D documents filed therewith. 9. It appears that the petitioner was transferred from Potia Unit of B..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....2003 applied to the Secretary, Ministry of Information for return of the equipment but received no reply. The present chairman of the company sent notice through his lawyer on 6‑7‑2003 demanding justice by returning the equipment but received no response, hence the writ petition. 11. In Writ......‑mail dated 8‑6‑2002 requesting the petitioner company to send the details of payment of licence fees, etc. BTRC sent another e mail dated 6‑7‑2002 requesting the petitioner to submit the documents regarding payment of licence fee and other related documentation. The petitioner in suppor..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....he petitioner was barred by limitation. The learned Judge therefore committed no error in rejecting the objection of the petitioner against the award. Nor such decision has resulted in any failure of justice. 20. In the result, the Rule is discharged with cost. Order of stay granted at the time o......in Court but also to dispense with the requirement of issue of the notice by the Court. 17. Under section 14(2) of the Arbitration Act, the umpire was required to file in Court all depositions and documents, may be, including the awards of the arbitrators in this case, which might have been taken..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
.... application for an order of inspection the plaintiff stated that on 14‑8‑2001 the defendants entered into the land of 'kha' schedule by breaking the 539 feet eastern wall, and in the interest of justice, a report by inspection was 'sought for on the following. "(ক) বাদীর 'খ' ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ii question but, on this plea or that and taking undue advantage of introduction of section 15 ka ka which has nothing to do in the matter of holding the AGM, they repeatedly obstructed the course of justice by not extending their cooperation to call, hold and conduct the AGM for the years in questi......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....ot been brought on record by not examining the concerned doctor. Added with this, lie further claimed that non-examination of independent/disinterested witnesses should not be the barrier for getting justice in a case of murder where the near and dear ones who rushed to the place of occurrence on he......Mr. Sheikh Muhammad Sirajul Islam, the learned Advocate for the appellants, took us through the FIR, charge-sheet, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned..Category: Criminal Law | Date: | Hits: 28
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
.... earlier order of status quo without considering the facts evidencing clear fraud perpetrated by the plaintiff and opposite party No. 9, the Premier Bank, which has resulted in serious miscarriage of justice. 13. Secondly, he submitted that in the course of a local inquiry held by the bank, exist......dy-made garments. The plaintiffs already admitted to have received the yarn under the letters of credit and used those in making garments. After the beneficiary, Modern Textiles tendered the shipping documents in the petitioner Bank through the Premier Bank, both the plaintiffs duly accepted the doc..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... considered by the trial Court. The trial Court, therefore, allowed the addition of party without applying its mind and without assigning any reason whatsoever which has caused serious miscarriage of justice. In the result this Rule is made absolute. The impugned order dated 8‑2‑2000 and 10-2‑......tion and the defendant No. 1 has been carrying on business in the suit premises with the permission of Dhaka City Corporation. 4. Subsequently, the plaintiff examined 3 witnesses and also produced documents in support of his case. The defendant also, examined himself as DW 1 and also exhibited ce..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....is remedy lay before the Labour Court as per decisions referred to in 46 DLR (AD)1, 43 DLR (AD) 154 and 31 DLR (AD) 298. 12. It was submitted that the show cause notice and/or principle of natural justice is not applicable in case of simple termination of any employee with all termination benefit......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......sistant Sessions Judge, Narayanganj, in Sessions Case No.7 of 1994 to answer a Charge under section 399 of the Penal Code. 5. At the trial, the prosecution examined 11 witnesses and exhibited some documents in support of its case while the defence examined none. 6. The learned Assistant Sessio..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the fact......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... accused appellant has been made a scapegoat by the officer concerned in his bid to save himself from an impending calamity and, as such, the accused appellants should be acquitted in the interest of justice. 9. Mr. Saifuddin Md. Aminur Rahim, the learned Advocate appearing for accused appellant ......read with section 5(2) of Act II of 1947 to which the accused pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined as many as 13 witnesses and exhibited a series of documents in support of its case while the defence examined none. 6. The learned Divisional Speci..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
....er submits that the delay involved in the case being due to circumstances beyond the control of the petitioner preventing him from filing the revision case earlier, it is necessary in the interest of justice to condone the seemingly long delay in filing the revision. 5. There is no dispute to the...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ..Category: Criminal Law | Date: | Hits: 32
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......ity of creating those statements by forgery at a subsequent time can not be ruled out. Mr. Abdul Malek has submitted that it is mandatory that such statements which come within meaning of the word “document” used in section 205C of the Code of Criminal Procedure, should be transmitted along with..Category: Criminal Law | Date: | Hits: 45
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....was filed on 4-8-99 well beyond the period of limitation of ninety days under article 178 of the Limitation Act, the Court below erred in law in not rejecting the plaint, which resulted in failure of justice. 6. Mr. Enayetur Rahim for opposite party No.1, submits that the case was filed by making......result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357...Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ...... Further, since the defendant took the ground that late Alimuddin did not sign the will, the onus was open to the defendant to prove that late Alimuddin did not sign the same. So, steps for producing document with admitted signature of late Alimuddin and examination of these signatures by Handwritin..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
.... such suit it will be very difficult for opposite party No. 1 to protect his possession in the land. He, therefore, submits that in order to avoid multiplicity of the proceedings and also for ends of justice presence of opposite party No. 1 is necessary at least to prove that the vendor of the petit......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....bmissions by saying that the lower appellate Court passed the impugned judgment and decree quite legally and that he committed no error of law resulting in an error of decision occasioning failure of justice and, as such, the Rule obtained by the petitioner is liable to be discharged. 9. In the p......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
...... Judge and ordered its disposal by an appropriate Bench of the High Court Division in terms of Article 110 of the Constitution.
7. Each of the contesting parties examined one witness and exhibited documents in support of their respective cases. Plaintiff examined P.W.1 Syed Shah Alam who is the S..
Category: Property Law | Date: | Hits: 72
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