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Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......y after enactment of Act 4 of 1990 the suit was renumbered as Artha Rin Suit No. 264 of 1990 in the Court below and proceeded with the suit. The Court below after examining the evidence both oral and documentary decreed the suit to the tune of Taka 2, 25,886 only. Being aggrieved the appellant moved..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......nt No.1 is still under investigation and therefore the information furnished by the Accounts Officer, Maymansingh, was not proper. D.W.4 authorized representative of the appellant did not produce any document to show that the appellant raised any objection to the issuance of main bills of Tk.31,110/..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
..... 13. Referring to the aforesaid provision of the Constitution the Supreme Law of the Land. 14. Mr. Farooqui submits that the Constitution provides sanction for correction of old pattern of justice in order to adopt the new method, ends of justice should not be blurred by the means of just......itle Suit No. 155 of 2001 for setting-aside the fraudulent decree obtained in the earlier suit namely Title Suit No. 168 of 1991. The suit was contested, evidence was recorded both oral and documentary and on consideration of the evidence and materials on record the learned Joint District ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....nything in respect of Babul. He confined his submission on the question of sentence of Muzibur Rahman and submitted that his sentence should be commuted to imprisonment for life for ends of justice. His contention is that facts proved by the prosecution do not call for his capital &nb......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....e the allegation of second marriage. 8. An appeal against acquittal may be entertained when the impugned judgment is perverse or so unreasonable that its maintenance would amount to miscarriage of justice. It can be allowed only in exceptional circumstances, when the inference of guilt is irresis......as present at the time of the alleged second marriage. He rather stated in cross-examination that he did not know as to how the alleged marriage took place. The other witnesses are hearsay. 7. No documentary evidence such as any registered Kabinnama or photographs have been produced by the compl..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....ence remains pending and has not been superseded under section 19 of the Act and the arbitration agreement subsists. Having considered the facts and circumstances of the case, in the interest of justice, we are of the view that both the appellant and respondent are at liberty to apply to the Co...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... fact of non-signing of the tripartite agreement by defendant No.3. Later on, the plaintiff came to know that defendant No.3 in order to deprive the plaintiff of the suit flat created some fraudulent documents in respect of the same in favour of his son and daughter, i.e. defendant Nos.4 and 5. In t..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....wasthy it was further held by the Supreme Court of India: "In view of the fact that no prejudice has been shown. As is rightly pointed out by learned counsel for the appellant, unless failure of justice is occasioned or that it would not be in public interest to do so in a particular case, this......ccepted by the petitioner of which achievement of target of US $ 2.50 lacs could not be achieved by him. But he made representations asserting that he has fulfilled the target by producing supporting documents in several aspects. These are the things which cannot be decided in writ certiorari since ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....rom legal infirmity and liable to be set-aside. Mr. Mahbubey Alam, learned Advocate, further submits, that section 57 of Artha Rin Adalat Ain, 2003 gave the Court ample jurisdiction to do justice where it requires, as such, when the heirs of the original owners wanted to maintain the pro......d not produce any thing before the learned judge, as, Mr. Sheikh Zulfiqur Bulbul Chowdhury, learned Advocate submits that applicants were not given a chance to bring the record or Exhibited this document, we are of the view that there is no supporting documents in favour of the applicants and t..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
.... argued to the effect also that this defendant-petitioner has got no other homestead to live in with his other family members and in the circumstances the courts below has committed great injustice to this defendant in passing the decree for specific performance of contract against hi......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....oject. Since the question of division comes at apex for finality in the award of the Arbitral Tribunal although some delay is there but to make it complete, fruitful and effective and for the ends of justice since the provision of Civil Procedure Code has been excluded from arbitration proceeding Md......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... for the building was lost even before the execution of the agreement for sale, which was known to the Purchaser and the other two papers requested, namely the permission from the Bangladesh Bank and document relating to the lease of the property, had been given to the Purchaser at the time of execu..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....aka (Annexure-G) and such other malafide documents are not usable against the petitioner and/or pass such other or further order or orders as to Your Lordships may seem fit and proper for the ends of justice.” and accordingly, the Rule was issued. 5. A Division Bench of the High Co......f 2007 before the High Court Division praying for the following relief: “To issue a Rule Nisi upon the respondents to show cause as to why necessary directions should not be made that the documents of the impugned Non-FIR Case No.131 of 2002 dated 08.05.2002 of Dhanmondhi Police Station,..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....udge, he did not pay any heed to the same which proved the biasness of the Divisional Special Judge and created an apprehension in the mind of he accused that he would not get fair and impartial justice from him. After examination of P.W.1 on 9-6-1999 while prayer for adjournment was ......ould not get fair justice from him. The function of the Public Prosecution is to produce witnesses on behalf of the prosecution and to examine them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and to place the argument befor..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....he land transferred and the land of the petitioner. The learned Advocate has contented that the findings and decision arrived at by the courts below have been erroneous causing great injustice to this present petitioner and as such interference by this Division is necessary. ......out that in this schedule there is no mention at all about any government or public road in between the land transferred and the land of plot No.407. The learned Counsel has argued that this own document of the petitioner disproved the petitioner's case that there was a government road..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....tigation shall make an order stopping further investigation into offence unless the officer making the investigation satisfies the magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the specified period is necessary in which case......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
....ourt of appeal or revision. The inherent jurisdiction under this section, though wide has to be exercised sparingly, carefully and with caution in a rarest of the rare case to do real and substantial justice for which Court exists. There is no scope to invoke the inherent jurisdiction under section ...... which cannot be scaled at this stage. Mr. Khan has also submitted that each and every criminal act must be clothed with criminal intention of the accused which can only be unearthed with the help of documentary, oral and circumstantial evidence. In no way law has given any power to weight such evid..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....tary affidavit has stated in paragraph 3 that he had already deposited an amount of Taka.29,84,471 as a statutory deposit for filing appeal with an application, we are of the view that the ends of justice would be best served if a direction is given by this Division upon the respondent No.1 to a......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
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