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Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....t has been held that: ‘Whoever having regard to the provision of Order 41 rule 33 of the Code of Civil Procedure, the appellate Court has enough power to alter the decree in order to do complete justice.” In the case between Md. Kutubuddin Jaigirdar Vs. Noor Jahan Begum it has been held th......unt under IDA credit. 3. The defendant No. 2 after accepting and signing the sanction letter and mortgaging his own properties and those of his wife and executing several bonds. DP notes and other documents in favour of the bank, set up the mill in the building already constructed by the defendan..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....nd other huge financial benefits granting of lease of such a house standing on 165 kathas of land in Cantonment area in favour of the petitioner has been against the principles of social and economic justice and thus the alleged lease deed has been in violation of the principle laid down in Article ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....regarding political influence can also not be brushed away and further judges being human being they have emotion and sentiment but as held in case of State Vs. Mukbul Hossain, reported in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiment have no part to play ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....bitual dacoit. Moreover, he was inflicted death sentence by the trial Court on 21‑9‑99 and therefore, he has been suffering the agony of death sentence for the last 3 years and therefore, ends of justice would be met if the sentence is reduced and commuted to one of imprisonment for life. In vie......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....ion of limitation suffers from illegality in law and their findings are liable to be set aside. Both the Courts below have committed an error of law resulting in the decision occasioning a failure of justice in dismissing the plaintiff’s suit as well as the appeal on the question of limitation. Fu......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
.... conclusive proof of the plaintiff’s right of easement on the land of the respondents. The case has been correctly decided by the courts below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is al......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...Category: Property Law | Date: | Hits: 33
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ...... that the writ petition was not maintainable as the writ petitioner did not exhaust all available remedies such as referring the matter to arbitration under Clause 24 of the Bid Document and contract document or agitating the matter before the appropriate forum before invoking the writ jurisdiction...Category: Others | Date: | Hits: 82
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
.... No. 125 to the parties as per preliminary decree given by the court the decree was not executable, the court below committed error of law resulting in an error in the decision occasioning failure of justice in accepting the Advocate Commissioner’s report and passing the final decree on the Commis......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....scribed in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illegal, ineffective, contrary to the Rule of natural justice and void ab initio if it appears that the defendants representing the Government acted illeg...... and at the same time vacated the order of ad-interim injunction dated 22-4-1999. In the said order learned Judge allowed the prayer of the plaintiff-petitioner in the matter of recalling some tender documents from the office of the defendant No. 4. Learned Judge on the basis of an application for m..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... and an order of injunction obtained by them thereunder DSE could not pay the outstanding amount to the petitioner by way of sale proceeds of the said shares. Hence, the petitioner caused a demand of justice notice served on the respondent calling upon them to make payment of the outstanding amount ......ugh respondent No. 6. The learned Advocate submits with force that since the Netting Position Confirmation Sheet vide Annexure. A and the Netting Statement vide Annexure-B, which are legal and public documents, clearly show that the shares in question were sold by DSE and share scripts thereof were ..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
.... democratic right exercised by the political parties at different times in this subcontinent. During the 20th Century hartal has been used as peaceful weapon to protest repression, exploitation and injustice. It was used as a democratic means to force the British Government to quit India and creatin......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....y steps to stop earth filling/encroachment on the river Turag at Koundia, Mirpur, Dhaka and to take appropriate legal steps against the persons who are liable for the illegal acts and for the ends of justice such order should be passed, otherwise the applicant-petitioner will be seriously prejudiced......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....rd to application of Section 42 of the said Act, side by side the application of Regulation No.46 (1) and (2) of the Depository (User) Regulation, 2003 which is required to be settled for the ends of justice. 19. He further submitted that the High Court Division committed serious error of law in ......mitted that accounts and balance sheets of a particular financial year for a company, once audited and certified by the auditors and approved by the Board of Directors are published and become public documents and as such cannot be altered. As prescribed by Section 38 of the Banking Companies Act 19..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....e vessel to the private terminal of the defendant and since in spite of the order of injunction passed by this Court the defendant illegally took possession of the vessel, as such, in the interest of justice, the said vessel should be put back to the possession of the plaintiffs under the inherent j......ract of hire of the vessel in question was terminated or not and even whether a suit in personam is maintainable or not. 9. This Court on hearing the plaintiff-petitioners and on perusal of the documents filed on their behalf, passed the following order on 2nd April, 2002: "Heard the learne..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
.... order. 15. Oswald on Contempt, Second Edition, P 76, records the opinion that recourse ought not to be had to contempt proceeding in aid of a civil remedy where there is any other method of doing justice available. In footnote (O) in relation to paragraph 3 of Halsbury’s Laws of England, Vol. ......that along with that photo copy of the rent receipts upto June, 1999 and photo copy of the latest electric bill was attached. But no such paper was found by us with Annexure "B". So, there is also no documentary evidence to show that the petitioner did in fact pay rents and electric bills upto June ..Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....e petitioner. On receiving that letter, the impugned order was passed by the company without issuing any show cause notice to the petitioner and thereby violating the established principle of natural justice. Hence this writ petition. 5. Respondent Nos. 2, 3, 4 and 5 have appeared and opposed......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....stated that the Court below committed an error of law in staying further proceeding of the SCC suit on the ground of a partition suit pending between the parties and others occasioning miscarriage of justice. 4. No one appears on behalf of the opposite party to oppose the Rule. 5. Mr. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....ndependent evidence and as such, the same cannot be relied. According to him, the learned Judge of the trial Court evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Sheikh Rezaul Karim, the learned Assistant Attorney-General appearing on beh......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
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