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Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ubsequent order of Civil custody, warrant of arrest against the Judgment-debtors are not lawful. 8. In view of the discussions made hereinbefore, we are of the opinion that, for the ends of justice the learned Judge of the Adalat should be directed to dispose of the application for con......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....t. It is concerned with the question as to whether the appellate court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glaring misconception of law or there is mi......s. This finding of the High Court Division is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has considered both oral and documentary evidence, particularly the khatians and came to the conclusion that the heirs of Elahi B..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
....of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the court or otherwise to secure the ends of justice……..... (14) Trial no bar for invoking 561A to quash proceeding or convict...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....rcumstances sought to be proved by the prosecution must be put to the accused during examining an accused under section 342 of the Code of Criminal Procedure failing which there causes miscarriage of justice. This view finds support from the case law of State Vs. Manu Miah, 54 DLR (AD) 60, Abu Taher......aznin, the learned Assistant Attorney General appeared for the respondent. 12. The learned Advocate for the appellant taking me through the impugned judgment, FIR, evidence on record both oral and documentary submitted that the prosecution hopelessly failed to prove the case as against the accuse..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......en a wide and liberal meaning and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ection 115 (1) of the Code of Civil Procedure filed by the petitioner, and submitted that the instant Rule has been obtained by practicing fraud upon the Hon’ble Court and, as such, for the ends of justice the instant Rule may be discharged. In the said counter affidavit the opposite party Nos. 1-......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... part of the petitioner company, non-responsive vide impugned order is without jurisdiction. Lastly, he submits that the impugned order further fails for non-compliance of the principle of natural justice since neither BGP (Bangladesh) International nor BGP Inc. CNPC has been made party in the p......t’s EOI under the name and style “BGP (Bangladesh) International”, Gulshan Dhaka but RFP was submitted by BGP Inc. CNPC no.189 Fanyang Xi Road, Hebei Province, China. In the process of EOI no documents were filed in favour of the petitioner-company to show that both the companies were join..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....letely artificial form of ordinary resolution? Suppose there had here been some preference shares in the name of Mr. Faith's wife/which under the articles had in the circumstances no vote; why in justice should her voice be excluded from consideration in his artificial vote?" 82. In th......rs to be identifiable for participation in general meeting, extra ordinary general meeting etc to cast vote as for transfer of transmitting dividends, interests, proxies, financial reports, and other documentation to them. Dhaka Stock Exchange by its Notification dated 18-3-2010 (published on 3..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
.... the outstanding dues of Tk. 6,49,750/- and after deduction of the said amount the outstanding dues should have been fixed against the defendant. 14. In the circumstances we are of the view that justice would be met if we send the case back on remand to the trial Court to calculate the actual d......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....sh. In these facts and circumstances, the learned Advocate summarises that, the impugned proceedings is a clear abuse of the process of the Court and the same is liable to be quashed for ends of justice as well, with exemplary cost against the responsible persons who were instrumental to harass......c transfer (TT) of the said amount of money or that he had withdrawn the said amount of money by placing any cheque drawn on the account of Mr. A Momen Tulu. Dealings in the banks are always based on documents and the record of the same are also maintained. Nowhere it has been stated that, the ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....quot;a) the attempt to demolish and evict the writ petitioners from the homestead will create hardships to the 60 owners of the apartments constructed on the disputed land and as such for the ends of justice the appeal may be dismissed. b) without serving any show cause notice and giving any opport...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....and a revisional application cannot be a ground, in the facts of the present case (i.e. absence of any legal evidence), for refusing to exercise the Court’s inherent power to secure the ends of justice by way of setting aside their conviction.” 13. In short, it has been decided in m......rein misused the privilege of bail and remained in absconding on the day of pronouncement of judgment till his arrest, having guilty mind. Further he submits that the evidence on record both oral and documentary warrants conviction and sentence and the learned Judge of the Tribunal rightly convicted..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....anctioning authority is placed some what in the position of a sentinel at the door of criminal Courts in order that no irresponsible or malicious prosecution can pass the portals of the Court of justice. It is, therefore, essential that persons charged with the responsible duty of granting sanc....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ...... prayed for? (iv) What more relief the plaintiff is entitled to get? 8. The husband of the plaintiff named Altaf Hossain was examined as the sole witness for the plaintiff and the following documents were admitted into evidence :— i) Dividend notice dated 29-6-1989 signed by the..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......s Court, as a constituted attorney of the plaintiff as P.W.1 while Mr. Gujeong Song being the President of the plaintiff company was examined as P. W. 2. 11. The P. W. 1 exhibited the following documents: Exhibit No. Identity of the documents. ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... husband as a measure to create pressure upon the whole family of the husband. At the same time the learned judges also show sympathy to the alleged victim lady forgetting that Judges must dispense justice in accordance with law only. But in the case in our hand we find that the learned Judge of......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......use C & D OR and SRCC Clause. The plaintiff while anxiously waiting for arrival of the goods under the aforesaid L/C, neither received within reasonable period any information of shipment nor any documents showing shipments of the goods either from the supplier, the defendant No. 6 or from the d..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......s filling station is malafide. 5. Mr. Sayyid Shahid Hussain, learned counsel appearing for the petitioner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absence of issuance of letter of indent ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......etting no result were constrained to institute the suit. Their predecessors-in-interest had never transferred the suit land to the said Meher Mondal, and the deeds in question were forged and created documents. 3. Opposite party Nos.1-7 as defendants Nos.6-12 entered appearance and contested the ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68