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Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....uld have considered the legal evidence and proposition of law and he will not act as a social activist, rather he should have guided by law giving up emotion. Further, a Judge is required to dispense justice in accordance with law and not according to his moral conviction. 34. Having discussed ......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......and 2 had authority to withdraw money from HRC Case No. 224 of 1983? 5) Whether the plaintiff is entitled to get a decree as prayed for? 6. Both the parties examined witness and their documents were admitted into evidence. 7. The learned Subordinate Judge by the impugned judgmen..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......e defendants could not file the original copy of exhibit-Uma/4 in the trial court they filed the same before the appellate Court which the appellate Court marked as exhibit-Uma (6) being 30 years old document. Rejecting the trial court's observation the appellate court found out that the date of exe..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....rt without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby committed error of law resulting in an error in the decision occasioning failure of justice. She further submits that since the case land had been returned to the vendor by a reconveya......he Courts below considered the evidence including the reconveyance deed dated 12.10.1992, disbelieved the same and arrived at concurrent finding of facts that the said reconveyance deed was a created document for the purpose of contesting the case. The Courts below also held that the conveyance deed..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....er made a representation to the respondent No. 5, the Managing Director, Pubali Bank Ltd. on 11-1-2010 (Annexure-E), but to that effect no order was passed. Ultimately, the petitioner served a demand justice notice dated 1-7-2010 with request to allow him to continue his service until the age of 59 ...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....Rule. 7. Mr. M Asif Hasan, the learned Advocate appearing on behalf of the petitioner submitted that both the Courts committed error of law resulting in an error of decision occasioning failure of justice in not considering that the summons was duly served upon the opposite party in Money Executi......d in 32 DLR 168 and 43 DLR (AD) 82. Thus, he prayed for discharging the Rule. 9. I have heard the learned Advocates of both the sides, perused the impugned Judgment of the Courts below, papers and documents as available in the records. In the instant case it appears that the Money Suit No.4 of 19..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......r instrument, upon the Establishment of the Bank, the Grameen Bank Project ceased to exist and all assets, rights, powers, authorities and privileges and all properties movable and immovable, and all documents of whatever nature relating thereto, of the project are stood transferred to, and vested i..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....n for bail and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is fixed for concluding the trial of the case. 9. Accordingly th...... 6. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 8. In view of the submiss..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
....ailed to take notice of this aspect of law. Therefore, we are of the opinion that the learned District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the suit was not maintainable for not redressing the dispute through th...... and thereby they failed to avail the opportunity of resorting to the arbitration by seeking stay of the suit before the Civil Court.
20. As regards admissibility of the photocopies of some documents of the tender file which were marked as Exhibits-1 series, in the instant case the High Co..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....o pronounce judgment, or for any other substantial cause". This discretion is not subject to any other limitation or restriction excepting what is indicated by the words used therein. To do justice is the special preserve or domain of a court of law and this has been stressed by the words ......r XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evid..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....f the Muslim Marriages and Divorces(Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without giving him any opportunity of being......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
....influential persons. Moreover, if and when any cases are started, the employers somehow manage to get the case settled by paying the informants/complainants, thus defeating any possibility of getting justice for the children and other domestic workers.
7. The learned advocate for the petitioner h......২০১০), submits that the government has every intention to protect the rights and physical wellbeing of all domestic workers, and in particular child workers as is manifest from the two policy documents. However, he submits that both the documents are of recent origin and the government is in..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....nt of the cheque. That being the situation, the proceeding cannot be allowed to continue as it would result abuse of process of the Court and, as such, it is necessary to be quashed for the ends of justice. The learned Advocate for the accused petitioner has referred to the case decision of Jammu ......e trial Court shall proceed with the 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: 63 DLR (HD) (2011) 137. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....e bank to allow the petitioner to file an application afresh for exemption of interest and to dispose of the same on merit, beyond the time prescribed in circular dated 24.3.2010, to meet the ends of justice. 6. On the other hand Mr. Mohammad Ali, the learned Advocate appearing for the responde...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... execution case is also a proceeding of civil nature. Therefore a judgment-debtor against whom an warrant of arrest ia pending in a case of civil nature,cannot be termed as a fugitive and the door of justice is not closed for him. The submission of the learned Advocate for the respondent on thi......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ssued under section 33 (7) of the Artha Rin Adalat Ain, 2003. All the said actions were done and proceedings were taken beyond the knowledge of the petitioner. Thereafter he served a notice demanding justice dated 13.5.2008 upon the decree-holder bank requesting to release his property from the sche......rted under a wrong forum by filing the present writ petition, however, he has remedy in a competent civil Court. 6. We have examined the writ petition, supplementary affidavit and the papers and documents annexed therewith. There is no averment in the writ petition that the petitioner did not m..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal notice…………….( para 8) Lawyers Involved: ......he depositors, or to bring discipline in banking sector only under instruction of the Government or on its own motion. 7. We have perused the writ petition, supplementary affidavit, the papers and documents annexed therewith, and considered the submissions of the learned Advocates of both the sid..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....the victim and her family—which are the main causes of suicides by the victims. She argues that the term “eve teasing” as widely used now to describe the mischief is in fact doing injustice to the victims, as the term itself is contributing to undermine or lessen the gravity of the......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
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Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......rs of the Constitution. Vide 41 DLR (AD) 165…………………(26) In Oxford's Advanced Learners Dictionary the word 'amendment' means a change or improvement that is made to a law or a document; the process of changing a law or a document. In KJ Aiyar's Judicial Dictionary (15th edi..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....execution case is still pending and registration of the certificate has not yet been completed, there is scope to release the property on payment of the remaining outstanding dues to meet the ends of justice. He further submits that the present petitioner is neither a borrower, nor a mortgager or gu......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
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