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Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ...... so nor any policy was formulated to disburse the money from the said fund. It was not a Private fund of any person. After 2/3 years of receiving the donation in the Government Orphanage fund, a document was created showing formation of ‘Zia Orphanage Trust’ in Bogra with his o..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....r joining in service. Thereafter, the respondent No.3 by the impugned letter dated 02.08.2008 cancelled the appointment of the petitioner. On 10.05.2008 the petitioner served a legal notice demanding justice for cancellation of the impugned order and to accept the joining report but the respondents ......pecific proposal with explanation for arriving at appropriate decision. The learned Judges further opined that after execution of a genuine person, a paper turns into a valid and enforceable piece of document. The learned Judges concluded on the findings- "Since the respondent No.4 in the insta..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....ution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice; (c) Where there is a legal bar against institution or continuance of a criminal case a......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
.... view, the proceeding against the petitioner deserves to be quashed otherwise, the genuine business community will be strangulated by indiscriminate use of machinery of the criminal administration of justice by interpretative decisions and doing violence to the enactment. 18. In view of this se......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ass Gazetted Officers. All attempt of the writ-petitioners to be treated as Second Class Gazetted Officers having failed, they through their lawyer served a notice upon the writ-respondents demanding justice by mitigating their grievance, but there was no response to the said notice; hence they fi......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ued that there is a danger in the excessive devotion to the rule of benefit of doubt at the expense of social defence and to the soothing sentiment that all acquittals are always good regardless of justice to the victim and the community. In the context of escalating crime and escape, the Benthami......tness put his thumb impression in the deposition sheet. So naturally, he is an illiterate person, therefore, even if he was compelled to sign in a compromise deed, he had not proved contents of the document as he is not the scribe of the said agreement. The prosecution did not produce the scribe..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....on 17(e) (ii) (iv) of the Ordinance, 1969 have been disclosed against the petitioners and, as such, the impugned proceeding is nothing but an abuse of the processes of the Court and to secure ends of justice the proceeding may be quashed. In support of her submission she refers the case of Abdul Qua......fficient ground to frame charge against the accused-persons. 16. The learned Additional Sessions Judge after hearing the respective parties, perusing the petition of complaint and other relevant documents by the order dated 16-3-1999 framed charges against the present accused-petitioners under ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ...... Surujit Bhattachargee submits at the outset that the learned Joint District Judge having found that the plaintiff failed to prove their case in respect of allegation of forgery or fabrication of the document, did not pass any decree in favour of the plaintiff to that effect but the suit was decreed..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....vernment of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any atte......on of Sections 46 and 55 are compeletely different and no overlapping of one to the other is possible under any circumstance whatsoever. Section 46 of the BT Act, 2001 is not applicable to any document which is not a licence under the Act, 2001. The BTRC has not yet issued any licence to the..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ous understanding of the law, facts and without sifting the deposition and reverting the observations of the trial Court set-aside the well reasoned judgment of the trial Court occasioning failure of justice. In course of his argument the learned Counsel placed both the judgments of the Courts below......r over the suit land. Accordingly, he has dug 4(four) ponds, established an Agro-Farm and he took loan from the Krishi Bank as well as Islami Bank Bangladesh Ltd. It is further stated that all of the documents i.e. the sub-kabala deed, power of attorney, Bank loans etc. have been marked as exhibited..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... it was beyond the scope of law or the Tribunal to examine such witnesses and record a finding on their statements towards accepting or refusing to accept the FRT. It has also the option, for ends of justice, to direct further investigation in terms of section 18 of the Nari-o-Shishu Nirjatan Daman ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....n the basis of defence plea or materials a criminal proceedings should not be stifled before trial when there is a prima facie case for going for trial. Moreover, the interruption of the course of justice will set up a wrong precedent by which the course of justice instead of being advanced readi......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......nd manner? Is the suit barred by the principal of limitation, estoppels, waiver and acquiescence? Is their any cause of action against the defendants for filing the instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the priva..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....ised by the Constitution for the exercise of the judicial power of the people on behalf of the people, the people will always remain the focal point of concern of the Supreme Court while disposing of justice or propounding any judicial theory or interpreting any provision of the Constitution. V......llowed by the High Court Division, was not interfered with. Resonating the words of Justice Naimuddin Ahmed in the above case/we also like to hold that the constitution of our country is not a morbid document but a dynamic instrument capable of being interpreted and applied in the ever-changing soci..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....ed in the present Nari-o-Shishu Nirjatan Case and therefore, the present case should be stayed till disposal of Badda Police Station Case No.13(6)07 and Title Suit No.6451 of 2008 to meet the ends of justice. 7. On the other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for ......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....ema Begum) told her that the appellant had kissed on her cheeks. On the following day, she (P.W.11) and her husband went to the School and took up the matter to the Headmaster, who assured them to do justice, but ultimately failed. P.W.12 Sanaullah Master was tendered by the prosecution and the defe......when the students were attending the classes and the teachers were performing their duties. In that situation, it was highly improbable to commit the occurrence behind their back. It appears from the documentary evidence namely, the class-routine and attendance register as well as the oral evidence ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....on the rise. Over and above, due to this reason of filing cases in different jurisdictions, we find no uniformity in the judgments on the point of quashment of proceedings and for the interest of justice, this point should be addressed in order to avoid conflicting opinions. 3. Civ......eetings and Resolutions of Tea-Hung Packaging (BD) Limited, a foreign investment company in Bangladesh in which Bo-Sun Park is the Chairman. The accused-persons manufactured some false and forged documents with a view to prevent the respondent from functioning as the Managing Director of the co..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... from the date of delivery or from the date when the delivery was ought to be made. That dispute being a dispute upon inland carriage of good the municipal law was applicable and as such his lordship justice Asir decided the dispute on the context of the Limitation Act. In the case of River Steam Na......and condition through the defendant No.1 vessel M.T. SCEPTRE flying Panama Flag. The Master of the vessel issued Tanker bill of lading in favour of the shipper and the plaintiff received the shipping documents including the invoice and bill of lading in time through the bank channel. The defendant N..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....Learned Advocate for the opposite party also relied on the case of Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441 wherein it is held that "mere error of law without occasioning failure of justice cannot by itself be a ground for interference under section 115(1) of the Code." Learned Adv......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
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