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A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....nted out that at the time of granting anticipatory bail, it is the requirement of law that the accused must be present before the Court and the court being satisfied that accused is not fugitive from justice, can grant anticipatory bail. From the facts disclosed by the petitioners and appears from t......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....action is to be regarded as one indivisible whole, and it is not open to the permission to bring a fresh suit. The simple withdrawal has affected the merit of his decision which has caused failure of justice. 15. It is thus abundantly clear that the learned Subordinate Judge has committed a ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....by the will. Although section 283 of the Succession Act does not render it obligatory on the District Delegate to issue any special citation, yet it is not only desirable but necessary in the ends of justice that this power should be exercised when it appears that some of the heirs whose interests a......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....4 pending in his Court. He has further submitted that though in section 10 of the Code of Civil Procedure it has been mentioned that the later suit should be stayed, but for the sake of administering justice the former suit can be stayed, if circumstances demand so. He has further submitted that whe......Court of the Joint District Judge, 5th Court, Dhaka, for declaration that she has no liabilities on account of Messrs Pan Asia Lines Ltd and a further declaration that she is entitled to get back her documents of properties as, described in the plaint. Further, she prayed for mandatory injunction ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....inistration). Having been unsuccessful in joining to a permanent post of Lecturer in Arabic, the petitioner through his learned Advocate served a notice dated 13-6-2005 upon the respondents demanding justice but to no avail. 5. Being aggrieved, the petitioner moved this Court for declaring the re......77th meeting is, in fact, wrong and contrary to the actual state of affairs. 24. Respondent Nos. 1,2,4 and 5 made a halfhearted endeavour to contest the petitioner's case based on insurmountable documentary evidence. In the affidavit-in-opposition, they made a general denial without making an a..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
.... to grant a succession certificate to a minor on his application through his mother. 19. In the above views that we have taken, the impugned judgment and order, which occasioned serious failure of justice, cannot be sustained in law. 20. In the result, the Rule is made absolute. No order as to......sion certificate on behalf of the minor son. 4. In support of their respective cases, Sarwat Jahan examined herself only as a witness and similarly, opposite party No. 1 examined himself Number of documents were adduced by the parties, which were marked as exhibits. 5. On consideration of the ..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....e learned Advocate for the opposite party Nos. 1 and 2, submits that the inherent power conferred under section 151(1) CPC which can be exercised by Court in certain special circumstances for ends of justice in certain special circumstances for ends of justice has not been ousted by Artha Rin Adalat......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....e of the view that the learned Assistant Sessions Judge has awarded a harsh sentence to them. 30. On consideration of the facts and circumstances of the matter, we are of the view that the ends of justice will be met if these appellants are sentenced for the period they have already undergone in ...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e of master and servant (vide 21 DLR (SC) 365). Thus, plaintiff has no legal character and, as such, the suit is not maintainable. 11. On the above reasons, no illegality causing failure of justice having been committed by the appellate Court the impugned judgment and decree do not warrant...... Employees Service Rules he was removed from service. So, he was not liable to be reinstated in the service. 4. At the trial, the learned Assistant Judge after recording evidence both oral and documentary adduced by the parties on consideration of the same decree the suit with the finding tha..Category: Criminal Law | Date: | Hits: 29
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....a period of seven months of making the application for temporary injunction. Appellate Court below has therefore, rightly set aside such order of ad-interim injunction which resulted in no failure of justice. In the result, the Rule is discharged with cost. The cost is assessed at Taka 5,000,00. ......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....nsferred from the place of his posting within 3 years. He lastly submits that the respondent No. 3, without assigning any reason passed the impugned order (Annexure-A), causing serious miscarriage of justice. 6. Mr. Md. Jafar Imam, the learned Assistant Attorney-General, appearing for the respond......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..Category: Employment/Service Law | Date: | Hits: 89
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... suit, the learned Assistant Judge evidently erred in law in not permitting the defendant petitioner to cross-examine him with reference to the fact of the case and the same has occasioned failure of justice. The learned Advocate further submits that since plaintiff Md. Asgar Ali appeared before the...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141....... be held not only for the purpose of fixing the dates of the annual general meetings of the company as per direction of this Court but also for the purpose of careful scrutiny and approval of certain document reflecting over all affairs of the company namely, the balance-sheet, profit and loss accou..Category: Company Law | Date: | Hits: 222
.... the respondent No.1, the appellants have been served with the Notification No.33 of 2001 to the effect that they will not be given booking from 01.09.2001 which is against the principle of natural justice and the fundamental rights of the appellants. The learned Counsel finally submitted that......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
....tances of the present case but if such situation occurs in future in any appropriate case, the authority should with all fairness shall take appropriate legal step against the employees for ends of justice instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
...... not termination simpliciter; that the actual order was made by the General Manager of the Human Resources Department of the Head Office of the Bangladesh Bank and it being clearly seen from the said document produced by the respondent Bank that the impugned order was intended to the 'extreme punish..
Category: Administrative Law | Date: | Hits: 215
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
....stified in sending the case to the Court of the District Judge for its disposal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115 (1....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
..... The transferred land therefore still belongs to the waqf. The concurrent decree of the Court of appeal below cannot therefore be sustained in law. It has no doubt resulted in serious miscarriage of justice. 39. In the result, the Rule is made absolute. The defendants will give costs throughout......he suit, limitation, defect of parties and validity of the deeds of sale, etc. were raised. The plaintiff examined 3 witnesses while Defendant No. 1 examined 4 witnesses. Plaintiff adduced papers and documents, which were marked Exhibit Nos. 1 to 4 series while those of the defendant Exhibit No. Ka ..Category: Trust/Waqf Law | Date: | Hits: 228
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....not directing an enquiry to ascertain as to whether the accused are children below 16 years of age as contemplated in section 2(f) of the Children Act, 1974 and the same has occasioned miscarriage of justice. Mr. Alam further submits that accused Mr. Rahamatullah submitted his school certificate whi......witnesses, the accused were examined under section 342 of the Code of Criminal Procedure and in reply the accused persons claimed to be innocent and refused to adduce any witnesses or to submit any document. Each of them further vividly stated that they made statement under section 164 of the Code..Category: Criminal Law | Date: | Hits: 32
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