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Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345....... Roy is a formal type of witness, who verified the address and PCPR of the accused Bayes. He, however, submitted adverse report against him. 52. PW 32 SM Zakir Hossain came to prove seizure of the documents relating to GDE No. 1469 dated 17-8-96 and 245 dated 3-9-2000. At his instance, those docu..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....ree are replete with surmises and conjectures not based on evidence and material on record thereby leading to a misreading of evidence resulting in an error of law and decision occasioning failure of justice. On behalf of the plaintiff-opposite party, it is generally submitted that the evidence addu......as observed by the Appellate Division in Abani Mohan Saha vs Assistant Custodian (SDO) Vested Property, Chandpur and ors. reported in 39 DLR (AD) 223 strongly attests to the genuineness of registered documents under section 60 of the Act. Indeed, and as was also the case in the Gangamoyi Debi Case, ..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......s, notable among them was Sanowara's affidavit dated 9-1-2005 wherein the deponent denied ever executing the User Agreement dated 1-7-1991 with the petitioner and claimed the agreement to be a forged document. He produced VAT receipts for taxes paid for use of the Trade Mark "Diploma". In addition, ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......now pending in the Court of Magistrate, 1st Class, Madaripur, lodged by the complainant opposite party No.1, under sections 467/468/471 of the Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be quashed and/or pass such other or further order o..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......r and hence is this Rule. 3. Mr. Golam Kibria, the learned Advocate appearing in support of the Rule, submits, inter alia, that under section 74 of the Evidence Act, the said statements are public documents and under section 76 of the said Act, the accused petitioner being an accused in the case ..Category: Criminal Law | Date: | Hits: 25
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
.... provides as follows: "476. (1) When any Civil, Revenue or Criminal Court, whether on application made to it in this behalf or otherwise, is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1),......ication and the annexure appended thereto. We have perused and considered the grounds taken by the accused petitioner and gathered the state of affairs in respect of the proceeding from the available documents in the record. We have considered the submission of the learned Deputy Attorney-General. ..Category: Criminal Law | Date: | Hits: 40
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
.... Counsel adds that before taking decision to cancel the appointment of the petitioner, no opportunity of being heard was given to him, hence there has been gross violation of the principle of natural justice in passing the impugned order and, as such, the same is liable to be declared to have been p......ny merit in this Rule. 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) 312. ..Category: Employment/Service Law | Date: | Hits: 76
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved beyond r...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
....arned Counsel for the respondent armed with preamble of the Constitution declaring that it shall be a fundamental aim of the State to realize through the democratic process socialist society in which justice and economic equality etc, will be secured for all citizens. Therefore, acquisition of land ......ecuted during the preceding 12 months from the date of service of notice under Section 3 of the Acquisition and Requisition of the Immovable Property Ordinance, 1982. In fixing the value of lands 103 documents regarding nal lands and 19 documents regarding bhiti land were considered and taken into..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....y objection at any point of time to any order as passed by the trial Court and/or the award as given by the arbitrator. After 11 years, such technical question cannot be allowed to come in the way of justice. 9. In reply, Mrs. Sufia submitted that defendant No. 1 had never asked the plaintiff to ......ting to the parties of the making and signing thereof…………………………… (2) The arbitrators or umpire shall cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them to be filed in Court, and the Court shall..Category: Property Law | Date: | Hits: 31
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....ment and order, therefore, do not suffer from any illegality or error and the decision of the executing Court in refusing to release one acre of land from attachment has not occasioned any failure of justice. 12. In the result, the Rule is discharged. No order as to costs. The order of stay as gr......collusive and false. The application was also claimed to be barred by limitation, and not maintainable in law. The deeds were created. 5. The petitioners examined three witnesses and produced some documents including their purchase deeds while the decree holder examined one of its officers. The t..Category: Property Law | Date: | Hits: 27
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....given in the facts and circumstances of a particular case. 31. It is found that the accused has suffered part of the sentence imposed upon him or her in the mistrial, the court may not for ends of justice direct for retrial. It is further held that there is no question that the court has undoubte......ce of PW 2 remains for consideration but we do not find any material in his evidence that he was put under fear of death or confined against his will and the miscreants extorted money or any valuable documents or anything from him or compelled him to deliver anything on fear of death. Rather he stat..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....made any finding without any basis or without considering any material evidence and facts cause prejudice to the writ-petitioner or that it has acted mala fide or in violation of principle of natural justice. 23. In the case of Mostafa Kamal Vs. First Court of Settlement reported in 48 DLR (AD) 6......urt of Settlement, but the Court of Settlement having been influenced by extraneous consideration did not consider this vital evidence including the assessment roll for the year 1967-68 and other documents and found erroneously the document of 1963 to be forged and created fraudulently and thus,..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
.... jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence or the conviction has been based on “No evidence, or otherwise to secure ends of justice.” 10. The learned Counsel by his illuminating argument tried to impress upon the court......rjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner as aforesaid on 10..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....taking into consideration of such facts having regard to the provision of Order V rule 17 CPC and committed error of law in accepting the service of summons and notice which has occasioned failure of justice. 11. Mr. Farooque, to support his contention, has referred to the decision in the case of......he medical certificate so attached with application has been fraudulently created and prayed for rejecting the application. 7. The learned Senior Assistant Judge considering the evidences oral and documentary rejected the miscellaneous case. 8. Being aggrieved by the aforesaid order of the Ass..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ustified in allowing the prayer of Local Investigation dated 14-3-1999. This Court noticed that suit is of the year 1982 and long 18 years had already elapsed since commencement of the proceeding and justice demanded an expeditious disposal of the suit. This Court also took into account a direction ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....instatement should be allowed or should not be allowed is, therefore, within the discretion of that court. Of course, in exercising the discretion the court has to act in a spirit of fairness and justice. 7. This view of ours is in accordance with the view of a Division Bench of this Court in...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....efinite the evidence it must be read subject to all the qualifications however dishonest which witness introduces in cross-examination then this would lead to the paving of the way for miscarriage of justice on large scale). This would encourage dishonest witnesses to damage a true prosecution cas......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....ce rules in pursuance of the President's Order No.68 of 1972. The position of the petitioner vis-a-vis his employer is not that of a master and servant. It will be guided by the principles of natural justice. The High Court Division further held that the petitioner need not be heard by the Inquiry O...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
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