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Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......d no clearance was obtained from the customs authorities for supply of the said goods and services to the defendant Nos.1-5. 7. In addition to the evidence of PW1 plaintiff relied on the documents marked Exts.1-18 in support of his case. It appears that Exts. 1 to 1(d) are the fax and t..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....tain the revision when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion a...... delivery of judgment on 29-3-1994. Then again the case was fixed for further argument on 9-5-1994. One day prior to that the respondent filed an application for recalling PW 1 again to prove certain documents as through mistake certain valuable documents relating to loan had not been proved. The le..Category: Business or Commercial Law | Date: | Hits: 148
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ye-witness of the occurrence and the First Information Report was lodged within 7 hours of the occurrence and the learned Judges of the High Court Division erred in law causing a great miscarriage of justice in disbelieving the evidence of PW 1 only because his blood-stained lungi was not seized by ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......the defendants have no rent receipts during the tenure of Yasin Ali Ext. A. The kabala by which Wasir Ali, Modaris Ali and Abdul Bari are said to have purchased from the heirs of Yasin Ali are forged documents created by Yasin Ali, Modaris Ali and Wasir Ali in collusion with each other and the claim..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
....held material evidence to establish the guilt of the petitioner and as such the trial court as well as the High Court Division ought to have drawn an adverse inference to secure the ends of justice. 6. We have heard the learned Advocate appearing for the petitioner and perused the i...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....evidence and as such the conviction and sentence as passed by the Special Tribunal is valid in law, but the learned Appellate Court illegally set aside the judgment of the Tribunal causing failure of justice. 9. It is further contended by the learned Counsel that the learned Judges of the Hig......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....eft over 07 persons of the previous year on 21.09.2000. 8. In making the recommendation for the 07 persons left out from the second group, the Finance Minister stated that "for ends justice" they should be promoted first before promoting the 24 persons recommended in the ......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....f the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise." 5. We have heard Mr. Khandaker Mahbubuddin Ahmed, the learned C......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
.... and the petitioner did not avail the said chance due to lack of communication from the side of the University and pendency of this Rule, the petitioner should, all fairness and for ends of justice, be allowed to appear at a Special Subsidiary Examination in order to regularise his positio......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......n the evidence on record. After remand both the parties filed the compromise petition to allow the appeal with direction to remand the case to the trial Court to enable the parties to prove certain documentary evidence and accordingly the suit was remanded to the trial Court. Thereafter the trial ..Category: Procedural Law | Date: | Hits: 112
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......A. Khatian. 12. The defendant's case is that his father got the suit land by unregistered deed of the year 1353 B.S. from C.S. tenants Modhu Lal Bhowmick and others. The unregistered document was lost from the Court and as a result the heirs of Modhu Lal Bhowmick and others subseque..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
.... court without noticing that there was no existence of the application dated 20-4-1995 and this kind of non consideration is a non application of judicial mind which not only caused a failure of justice resulting in an error in the decision but also caused prejudice to the appellants. 8.......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....onal statement; it is argued that without corroborative evidence the confession of a co-accused Exhibit-4 cannot be used against other accuseds and as a result there has occasioned serious failure of justice. 8. The learned Advocate-on-Record lastly contended that the High Court Division as w......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in the permanent employment of petit..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ...... exchange and that Amir Ali gave direction to his heirs, the present plaintiffs who were minors at that time except Mujibunnessa and Dilzan Nessa, the two wives of Amir Ali, to execute necessary document in favour of Mojibur Rahman. The heirs of Amir Ali accordingly made settlement of the suit ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....r permanent injunction and in order to enable the Court to arrived at the findings as to actual and exclusive possession of the suit land on the basis of evidence on record, we feel that ends of justice would be best served if the suit is remanded to the trial Court for disposal in accorda......since been in possession thereof. During the S.A. operation the suit land was wrongly recorded in the name of Chand Mia. After his demise, the defendants in collusion with his heirs created some documents in respect of the suit land and have been trying to interfere with the possession of the p..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......their claim with comments of the concerned officer. The concerned Executive Engineer by his Memo dated 29.4.1991 also requested the appellant concerned Engineers to furnish all related documents and explanations in support of their claim to facilitate determination of the sa..Category: Alternative Dispute Resolution | Date: | Hits: 229
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