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....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
...... waiver and acquiescence and whether or not the plaintiffs' were entitled to get any relief as prayed for.
7. The plaintiffs examined 3 PWs and the defendant examined 6 DWs. The plaintiffs adduced documents which were marked as Exhibit Nos. 1-3(a) and the documents adduced by the defendant Nos. 1..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... the applicant for being barred by limitation and restoring the assessment order of the Deputy Commissioner of Taxes upon such technicality of limitation only, not merit. In the circumstances, justice demands both the appeals should be heard together and disposed of on merit. In the re......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....overy of khas possession in their deposition the suit was not liable to be decreed. Both the Courts below have committed an error of law resulting in an error in the decision occasioning a failure of justice in decreeing the suit and also in maintaining the decree passed by the trial Court. I find m......লিশী জমি বাদীপক্ষের নিরনকুশ দখল আছে কিনা?" 6. The plaintiff examined 3 PWs and the defendant examined 3 DWs. The plaintiffs documents were exhibited as Exhibit-1 series, 2 series, 3 series, 4 series, 5 series, 6, 7 series, 8..Category: Property Law | Date: | Hits: 34
....ge to pass the impugned order of discharge based on inquiry report which was obtained behind the back of the petitioner. Thus, the procedure followed was totally violative of the principle of natural justice and the procedural safeguards provided for in the Regulation No. 861 of the Police Regulat......f the respondent No.2 to oppose the Rule.
12. Mr. Abdur Rab Chaudhury, the learned Senior Advocate appearing on behalf of the petitioner, took us through the impugned orders and other connected documents/papers annexed to the writ petition and submits, that there are parallel provisions of dis..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....nding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any of the principles of natural justice. Thus in our opinion the Court of Settlement appears to have approached this matter wrongly.......li does not match the signature of the said person as apparent on the mortgage deed. The Court of Settlement also agreed with the submissions of the Government side that the sale permission and other documents obtained from the Ministry of Housing and Settlement were forged and created by the petiti..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....Court as well as the appellate Court failed to appreciate the evidence on record and misconceived the sections of offence while convicting the appellant-petitioner and thereby caused miscarriage of justice. Both the trial Court as well as the appellate Court committed error of fact and law by conv......ion which PW 5 denies. 13. Informant PW 1 has claimed that he gave cheques of Taka 38,00,000 to accused-petitioner Nazir Ahmed for doing business of importing powder milk but there is no written document or business agreement to prove that the informant gave the alleged cheques to the accused..Category: Criminal Law | Date: | Hits: 40
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....ing that the vendor did not get back possession of the land transferred and upon such wrong view of the matter, it erred ultimately in allowing the prayer for preemption, which resulted in failure of justice. 12. He took me through the depositions of the witnesses examined by the parties and ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....Though the section does not circumscribe the powers of the public prosecutor, the essential consideration which is implicit to accord consent is that it should be in the interest of administration of justice. It is either that the prosecution will not be able to produce sufficient evidence in suppor...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....iff and the defendants defaulted in the payment of rents in the absence of any evidence on record and upon such erroneous views, most illegally decreed the suits, which resulted in serious failure of justice. 21.On the other hand, Mr. Jalil on behalf of the plaintiff, submitted that the Courts be......nness examined her son while defendant Mohiuddin examined him only. Documents produced by the plaintiff were marked Exhibits 1 to 18 and 19 series in the suit against Shaherunnessa and the papers and documents adduced by the plaintiff in the suit against Mohiuddin was marked Exhibits,1 to 10. Docu..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....r section 93 for reassessment and imposition of penalty under section 128 of the Ordinance must be held to be without any lawful authority and of no legal effect. 26. When we are faced with such injustice done to a citizen by the Deputy Commissioner of Taxes in his reassessment and imposition of ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ition and acquisition, the plaintiff lost all right or interest in the suit land and the appellate Court committed serious error without notice of such legal consequence, which resulted in failure of justice. In support, he cited Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 =......ession or interest in the suit land? 15. In support of his case, the plaintiff examined three witnesses including himself while defendants examined two witnesses for their each set. Papers and documents adduced by the plaintiff were marked Exhibits 1 to 14 and those of the defendants were mar..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ommitted serious illegality in quashing the proceedings during investigation in special original jurisdiction. The learned Advocate further submitted that the respondent Nos.1 and 2 are fugitive from justice and, as such, the question of invoking the jurisdiction under Article 102 of the Constitutio......ove, 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: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....he case and to concentrate upon evidence which bears upon the points. Petty details which defog the real issue and minor contradiction in the evidence ought not to be permitted to tilt the scale of justice. The more the judge gets bogged down in superfluous details greater is likelihood of his s...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....exure-S is the photocopy of the Power of Attorney executed by the petitioner appointing his mother to be his constituted Attorney. The learned Advocate for the petitioner issued a notice of demand of justice on 12.2.85(Annexure-T) and the respondent having not acceded to the demand therein, the peti......izvi the petitioner sent his nationality certificate by a letter dated 13.12. 77 (Annexure-H(l)). Again by Memo dated 7.2.78 (Annexure-I) the representative of the petitioner was asked to furnish documentary proof of the petitioner's stay during the period from 25.3.71 to 16.12.71 and his nation..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......redit in question and payment to the defendant No.1 M/S. YAMA MOTO & CO. LTD., was made long before the maturity dates i.e. on 31.12.84 and 8.2.85 and the Bank of Tokyo is the bona fide holder of the documents in question and as such they are entitled to be paid by the defendants and this Court woul..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s a basis of conviction. He did not consider that it lacks element of culpability. Basing of convictions on such a exculpatory confessional statement has obviously been resulted in miscarriage of justice and as such, the conviction of Jahurul Islam @ Fiktu on the basis of confessional statemen......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....ions of section 10 of the Code of Civil procedure is not attracted in this case and the learned Commercial Court No.1 committed an illegality in passing the impugned order which has caused failure of justice. The learned Advocate for the petitioner placed before us section 10 and argued that in the ......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
....much as it has been passed in gross violation of the terms of the contract and to the great prejudice of the defendant company causing serious loss of revenue of the public exchequer. To meet ends of justice, at this stage, the order of the court below requires to be modified.
14. The order is ac......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....d been done in collusion with the Assistant Registrar of Joint Stock Companies. These reports on the alleged Annual General Meetings are made up. Therefore, the petitioner claims that for the ends of justice the aforesaid resolutions and documents should be declared to have been passed illegally and......stant Registrar of Joint Stock Companies. These reports on the alleged Annual General Meetings are made up. Therefore, the petitioner claims that for the ends of justice the aforesaid resolutions and documents should be declared to have been passed illegally and should be cancelled to protect the in..Category: Company Law | Date: | Hits: 220
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