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Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....us case to be barred by limitation simply on the ground that no formal application under section 5 of the Limitation Act has been preferred by the appellant. Mr. Ahmed submits that in the interest of justice it should be held, in the facts and circumstances of the present case, that no formal applic......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....f their written statement. By the impugned order dated 9.4.84 the learned Subordinate Judge ordered that since no ex parte decree has been passed, the defendants' prayer should be allowed for ends of justice. The written statement was accepted subject to payment of costs of TK. 250/- to the plaintif......pany was examined as P.W.1 on commission. On 14.9.83 the Pleader Commissioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ documents were kept in the safe custody of the Sherestader. No other proceedings are on record. The ..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......eir further case is that defendant No.3 disregarding the instructions issued on behalf of the plaintiff by defendant No.1 retained the aforesaid Dollars. 5. The contesting parties adduced oral and documentary evidence before the trial Court and the Adalat thereafter on consideration of the eviden..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....e statements in the Jatiya Shangshad while replying to a supplementary question from ruling MP Shahina Monwara Haq during question-answer session. The Minister said, “Sitting on pedestals to ensure justice in the society they (Judges) are patronising terrorism.” 3. To justify his allegations ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... Consequently, the Police, mostly acted as a foe rather than a friend of the people, although our law and Code clothes the Police with a unique and important element in the administration of criminal justice. 15. Torture became a weapon of Police action and the ineffectiveness of Police force is ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....mplaint was pre-mature the case is barred, the result would be that the complainant will have no relief and only for a technical defect, the complainant will be deprived of the opportunity of getting justice. Purpose of any law is to give relief to an aggrieved party. Now, if we hold the view that t......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Co......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....ents attaining democracy, socialism, realising through democratic process a socialistic society from exploitation honouring the rule of law, fundamental human rights and freedom securing equality and justice. 16. Although the petitioners have alleged that the only provision for eviction of the sl...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ill be caused to the children for no fault of them. Taking into consideration the child's interest and welfare we think that a sentence for fine of Taka 2,000 (two thousand) would meet the ends of justice. She is directed to pay the fine within two months, in default, to undergo simple imprisonm......case. It cannot be desirable that public discussion of such matters is to be discouraged or obstructed by refusing to allow a litigant and his advisers, who learnt of them through the discovery of documents in their action, to use the documents in public discussion after they have become public ..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
.... the jurisdiction under section 115 of the Code of Civil Procedure is very limited for me to see only whether the Court of appeal below has committed any error of law which has resulted in failure of justice. 13. The learned Additional District Judge by his independent consideration of the materi......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....its that the Court erred in law in appointing arbitrators in the absence of any dispute or difference either within the meaning of the contract or the Act which has resulted in occasioning failure of justice. He also submits that the Court also erred in law in appointing one arbitrator for each of t......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......ounter-claim maintainable in the admiralty jurisdiction? If so, to what extent the defendants are entitled to a decree/relief, if any.” 5. The plaintiff has examined 2 witnesses and also adduced documentary evidence to prove the claim. The defendants examined Md. Hadis as the only witness and a..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....r the appellate Court does not have such power. The impugned order of the appellate Court was, therefore, passed in excess of its jurisdiction and that has resulted in an error occasioning failure of justice and, as such, is liable to be set aside and is accordingly, set aside. The application of th......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
.... illegal. He further submitted that names of the petitioner Nos.1 and 2 were included in the said report without giving them any opportunity to be heard and thereby violating the principle of natural justice though by such inclusion they were debarred from getting loan for their other business. 3......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....price of the petitioners product other than the price declared by it duly supported by cost analysis have been made In clear violation of Rule 3(3) of the VAT Rules, 1991 and the principle of natural justice as no hearing was given to the petitioner prior to such fixation of price. 9. Mr. Md. Baz......-97 and 7-7-97 (Annexures-C and C-1) were issued without lawful authority and the letters dated 11-9-2000 (Annexure-H) based on those letters is also without lawful authority. The respondents have no document to show that the petitioner made declaration in August 1995 and as such had no authority to..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....g proper provision of law. 5. Mr. Md. Mahbub Ali, the learned Advocate appearing for the opposite party No.1 submits that the defendants have been taking dilatory tactics in defeating the cause of justice. According to Mr. Mahbub Ali devise taken by the defendants may not be encouraged in as much......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......s that document which affects immovable property shall be presented for registration in the office of Sub-Registrar within whose Sub-District the whole or some portion of the property to which such document relates is situated. In the present case it is found that the land which was included in th..Category: Property Law | Date: | Hits: 21
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...Category: Constitutional Law | Date: | Hits: 123
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....th and not being hacked to death by a chinese axe and other weapons as alleged in this case. 15. The Judges are well advised to remember this aspect of humanity when they sit on the high alter of justice. They must remember that not only the livings appearing before them but the deads are also e......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68