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BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....;ing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the facts o......" Mr. A.K.M. Shafiuddin, learned Advocate for the appellants, submitted that the learned Judge completely misdirected himself in deciding the matter relying upon a wholly irrelevant document, i.e., the alleged Government order Ext.19 which has no bearing on the present suit w..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ontribution of Tk. 5,00,22,000.00 (Taka Five crore and twenty two thousand) and damage and compensation for the delay in withholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary to refrain the respondents from allotting further shares of the Jamuna Bank....... Respondent No. 3 was not given any authority to make any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was not a legal document, having legal value. In any case the said so-called letter of authority never authorized ..Category: Banking Law | Date: | Hits: 185
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....o taka ferot dileo tahadewr krito oporadh mochon hoyna.” 7. From the above, it was therefore a case of temporary defalcation. It is a serious offence nevertheless. However, he ends of justice, we think, will be met in the facts and circumstances of the case if the sentence of f...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....is view of the matter we find that the judgment and order of conviction of the appellant cannot be interfered. 12. In the facts and circumstances we are however, of the view that the ends of justice would be met if the sentence is modified. 13. In the result the appeal is dismissed s......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....der section 342 of the Code of Criminal Procedure inasmuch as there was nothing to show that the said application was vexatious and filed with he intent to delay thereby defeating the ends of justice. 4. It appears that the I.O. of the case was examined on 28.10.2002 and the accused ......vidence he may have in support thereof. Section 265-1(3) provides that if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Court shall issue such process unless he considers, for reasons to be recor..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
.... 13 barrels' of stolen oil and that the accused-petitioner has been languishing in jail custody for the last 212 years and having been found guilty under section 412 of the Penal Code, ends of justice would be best served if the conviction is reduced, to 'sentence already served out' consider......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......e Service Regulations provide seniority-cum- merit as the basis for promotion, and not seniority-cum-fitness as was considered by the High Court Division and the submission that the Annexure-2 is a document prepared on the basis of annual confidential report of the officers for the last fiv..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....Ulfa Mai on the 1st of Jaistha, 1348 B.S. in presence of witnesses and others and also delivered possession to her, but this was not at all noticed and considered which resulted on failure of justice and the High Court Division without going to the record upheld the wrong and illegal findin......er section 143A of the State Acquisition and Tenancy Act and the order passed in Miscellaneous Case No. 9 of 1972 and the rent receipts showing payment of the rents to the Government are not documents of title, The defendant Nos.1 to 6 then preferred Other Appeal No. 33 of 1983 and the lea..Category: Property Law | Date: | Hits: 27
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....t allegations brought against the plaintiff "have not been proved by any corroborative evidence" and finally the High Court Division observed that there was no error of law or failure of justice because, of the judgment and decree passed by the Courts below. 7. Leave was obtaine...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....e case is still being investigated with allegation of threat and tempering with the evidence/witnesses his bail should be cancelled and the ought to remain in custody for securing the ends of justice. The learned Counsel further submitted that upon being threatened by the accused respondent...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....ant as deprived of an adequate opportunity to show cause before the Customs authority as contemplated under Section 180 of the Act and as to whether the deprivation has caused a miscarriage of justice in this case. Maninul Hosein reiterates that from the earliest point of time i.e., from the......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....ranted in the following terms: "Whether the proposed amendment does change the nature and character of the suit or it is an additional/alternative prayer for doing the complete justice in the matter, requires investigation." 4. We have heard Mr. Mustafa Nia......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the safe dispensation of justice act with perfect propriety when they scrutinize the evidence of persons falling in this cate......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....e office of the Mutwalli and he has been rightly found to be entitled to get appointment and by appointing him as Mutwalli, the High Court Division has not committed any illegality rather has done justice to the Waqf Estate and to the respondent in particular. Amendment can be made at any stage ......to consider the aforesaid representation dated 12.06.2005. 5. The three writ petitions were premised on a common factual context. One late Ershad Ali Chowdhury created a Waqf by registered document on 08.02.1995. By a stipulation in the Waqf deed the said Ershad Ali Chowdhury as Waqf des..Category: Trust/Waqf Law | Date: | Hits: 199
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... issues and consequently, his decision seriously flawed both on fact as well as in law. The impugned judgment and decree, therefore, cannot be sustained, which have no doubt resulted in failure of justice. 10. In view of the above, we do not find any substance in the submissions of the le......n order to ensure status quo ante. 9. The High Court Division held that sale deed No.965 and 966 dated 30.10.1970 were forged and created since the plaintiff did not execute and register the documents. The documents are, therefore, void-ab-inito. The deeds have never affected the rights of..Category: Property Law | Date: | Hits: 28
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....nate period. The materials on record clearly show that the judgment of the appellate Court was passed in presence of the petitioner and that after the said judgment the petitioner was fugitive from justice and failed to discharge his obligation as per condition of bail bond. The petitioner filed ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
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