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Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna 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 is 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 this poi......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....ck for a long period. Thus, on giving our careful consideration to the delay in disposal of the Death Reference and Appeals along with other factors as extenuating circumstances, we think the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....nvolve punishment for occurrences which are not criminal in nature. Where the teachers are palpably guilty of assault and sometimes grievous hurt, salish is not an appropriate mode of dispensation of justice. She refers to the decision in the case of Bangladesh Legal Aid and Services Trust and other...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....submits at the outset that Alam was falsely implicated in the instant case and hence the sentence inflicted upon him by the Judgment and Order dated 8-8-2005 is liable to be set aside for the ends of justice. Mr. Islam submits that the Tribunal failed to consider that the FIR was lodged dilatorily w......e, the Surathal Report and the Seizure List recording the recovery of a twined sari at the first instance from the bedroom beam is submitted to belie the concocted story produced in a well-composed document twenty-four hours late in the form of the FIR. 26. It is here that Mr. Islam argues th..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......a in the matter of the loan; or"
25. From the aforesaid discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and documentary evidence successfully proved their case for recovery of the present outstanding loa..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ion of the petitioners from the university was made without affording them any opportunity of being heard and in his perspective, the said impugned order is violative of the principle of natural justice and hence the same is without lawful authority. 9. Mr. Md. Ashad Ullah further su......ted by the petitioners in collusion with some functionaries of the university. It has already been found in the inquiry report that the admission forms and other related matters are all spurious documents and accordingly, the inquiry committee came to the definite finding that the petition..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......t-in-reply the petitioner has denied the material facts as stated in affidavit-in-opposition by the respondent No.1. 8. Heard the learned Advocate of both the parties and perused the records and documents as annexed to the application, affidavit-in-opposition and the affidavit-in-reply. The pet..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ower of the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. So it appears that the scope of section 561A of the Code is very limited. 21. In this ......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without depositio...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ance. After conducting necessary field investigation, scrutinizing relevant papers and analysing laws, the writ petitioner, being satisfied with the truth of the allegations issued a notice demanding justice on 23 October, 1996, on the writ respondents requesting them to cancel, abandon the implemen......ade in accordance with a plan. A master plan essentially surveys land use as it exists and makes recommendations for future planning, and it may include maps and other descriptive materials which document the various land uses present within the jurisdictional area. A "comprehensive zoning pl..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......ally all the decisions as discussed above held the same. All the points pressed into service by Mr. Rokanuddin Mahmood can be decided at the trial on full fledged hearing after evidence both oral and documentary. 23. That being the position we refrain from making any deliberation whatsoever upo..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... every District. We again reiterate our recommendation that unless sufficient numbers of safe homes are provided for housing children, who are not granted bail, particularly male children, and then injustice will be done. The State is failing in its duty to provide facilities which it is duty bound ...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... having been authorised by the employment which are very much related with the affairs of the employment. She then submits that the High Court Division committed error of law occasioning failure of justice in not considering that the defendant-petitioner will be vicariously liable for those acts ......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....(b). As the Respondent No.1 was the only candidate nominated by Jatiyo Party and as the said party did not ask him to withdraw his candidature, denial to allocate him a symbol is violation of natural justice and against the provisions of the constitution and the Representation of the People Order, 1......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....remedy is not efficacious or adequate, and where the wrong complained if is so inextricably mixed up that the High Court Division may for the prevention of public injury and the vindication of public justice, examine that complain. It is needless to add that the High Court Division is to see that th......n Division went to visit the office of Ring Distribution on 26.4.2007 and found 4,65,906 pieces of SIM cards and 81,88,327 numbers of scratch cards that belonged to the petitioner. They asked for VAT documents to Ring Distribution who failed to show proper documentation and the officials seized the ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... education, and to better the lives of their families as well as the interest of the nation. Knowing full well that the children of today will be the future flag-bearers of this nation, we do great injustice by not providing proper facilities for them. 27. We must also mention one other aspect w......তাও স্বাস্থ্য সুরক্ষা নীতিমালা (প্রস্তাবিত)) issued by the Ministry of Labour and Manpower. However, no date appears on this document. 7. Mr. Md. Jahangir Alam, learned Assistant Attorney General submitted in support of t..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....elow without assessing the evidence on record in accordance with law decreed the suit by their judgments and decrees and thereby committed error of law resulting in an error occasioning failure of justice. He submits that one of the cause is the motive for establishing the benami transaction, b......l Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any material document or otherwise perverse being contrary to evidence on record, law and materials on record. ...Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
.... is whether, in the facts and circumstances of this case, the impugned proceedings amounts to abuse of the process of the Court or whether the same is liable to be quashed otherwise to secure ends of justice. 7. We have heard the learned Advocates, perused the petition filed under section 561A,......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....out properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in error in the impugned decisions occasioning failure of justice. 20. In the result, the Rule is made absolute without any order as to costs. The impugn......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
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