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Displaying 41-60 of 305 results.
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....neral right that the contract will be performed within a reasonable time. What is a reasonable time is not defined anywhere. However, it was observed in the Hajee Saru Meah’s case that if there was unnecessary delay by any party, the other party could give him notice fixing a reasonable time after......Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 1..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
.... section 409/109 nor they can be brought within the preview of "criminal misconduct", punishable under section 5(2) of the Prevention of Corruption Act, 1947 and, as such, in order to avoid unnecessary harassment the case so far it relates to the petitioners is liable to be quashed for the......Rea
In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reasonable inference can be drawn. There is no doubt that mens rea or criminal inte..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d: if, however, the materials do not disclose an offence, no investigation should normally be permitted..........as any investigation, in the absence of any offence being disclosed, will result in unnecessary harassment to a party, whose liberty and property may be put to jeopardy for nothing......... power to quash a criminal proÂceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in enterÂtaining and disposing of petitions for quashing criminal proceedings. Some Benche..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....the inference of guilt of the accused mere abscondence can not always be a circumstance which should lead to an inference of guilt to the accused. some times out of fear and self respect and to avoid unnecessary harassment even an innocent person remain absconding for sometime......................(......ed-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....ing issues sepÂarately in each suit. Learned Assistant Judge 1st Court, further directed to dispose of these two suits within 6 (six) months from the date of receipt of this order without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order......and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....to an inference of guilt of the accused Mere abscondance cannot always be a circumstance which should lead to an inference of guilt of the accused. Sometimes out of fear and self-respect and to avoid unnecessary harassment even an innocent person remains absconding for sometime.” 45. From......hishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nar..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....the matter to which the application relates. The justification for such a requirement lies in the need to limit challenges to administrative decision making to genuine cases of grievance and to avoid unnecessary interference in the administrative process by those whose objectives are not authentic. ......Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara Hossain and Tamim Hossain Shawn, Advocates - for the Petitioners. Mahbubay Alam, Attorney General, with M.K. Rahman, Additional Attorney Gen..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....e present petitioner is nothing but a still born child. The stench of this still born child has polluted the democratic air so much so that sooner it is buried the better, without waiting for further unnecessary harassment. 20. In view of the above facts and settled principles of law we hold th......ccused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....e or the framers of law has been duly complied with in launching the prosecution against a person and having not so complied with there might be every likelihood of causing miscarriage of justice and unnecessary victimization of the accused to suit one's own purpose or jealousy as has been focus......sion Rules, 2007…………………(14) Interpretation of statute When a statute requires that something shall be done or done in a particular manner or form, without expressly declaring what shall be the consequence of non-compliance, is the requiremen..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....en without applying the mind to the cause of the deviant behaviour. The lack of knowledge of the law and failure to properly appreciate the needs of a child victim in this case has led to immense and unnecessary suffering of a seven year old child. We would wish, therefore, to take this opportunity ......, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....Regulation, 1979. Similarly it has been stated that the question of being aggrieved for breach of the Principles of Natural Justice for not giving any prior notice or an opportunity of being heard is unnecessary. It has been further stated that termination of service of the petitioner is within the ......on 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every emplo..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....Constitution is defined and with their powers and limitations specified. The Supreme Court is given the power to review any action or omission of such functionary. He submitted that the Ordinance was unnecessary, uncalled for and unconstitutional. 70. Mr. Syed Ahmed Raja submitted that the Ord......nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ylhet and thus for the convenience of both the parties and in the interest of justice the suit may be transferred to the judgeship under district Dhaka otherwise the defendant-petitioners will suffer unnecessary trouble. 5. Mr. A.K.M. Moniruzzaman, the learned Advocate appearing for the plaintiff......Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....ts of the submissions made and response thereto regarding, for example, the application of Section 230 of the Contract Act, 1872 and Sections 55(d) and 78 of the Customs Act, 1969 is obviated or made unnecessary. 10. This, therefore, brings this Court to deal with the second issue involved conc...... For the Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, includin..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ld which is the victim of a sexual offence, coupled with other circumstances appearing in the case such, for example, as its demeanors, unlikelihood of tutoring and so forth, may render corroboration unnecessary but that is a question of fact in every case. The only rule of law is that this rule of ......e 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....ants because of urgency of the execution of project highlight the necessity of excavating the canal within the shortest possible time, since in case of failure to implement the project and in case of unnecessary delay in the execution of the project, there would be deprivation of the people from the......ri in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits. 3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....196D of the Customs Act, 1969 such an exercise of admission must be treated as contrary to the concept of progressive Court Management specially and particularly for the purpose of avoiding unnecessary complication and wastage of valuable courts' time. We, as a part of the history, com......za Hossain Haider J.-These two appeals preferred against the order of Customs Appellate Tribunal by the importers under the Provision of Section 196D of the Customs Act, 1969, have been placed before this Court for the purpose of admission. 2. Mr. Syed Ahmed appearing on behalf of the appe..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....illegal appointments and educaÂtional environment of the University has been disturbed and the University would suffer a loss of Tk. 1,25,00,000/- every year for such illegal appointments causing unnecessary huge financial burden and expenditure of the University striking at its financial stren......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....etropolitan Additional Sessions Judge, Second Court, Dhaka in Sessions Case No.3349 of 1999 having been charged for offence punishable under sections 302/109/201 of Penal Code. 12. Filtering out unnecessary details, life blood of prosecution case unfurled during Trial may be conveniently focuse...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....mities in the case and as such in order to prevent abuse of the process of the Court or otherwise to secure ends of justice such exercise of jurisdiction becomes imperative in order to avoid any unnecessary harassment to accused under the garb of dispensation of justice. But in doing so th......r Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record, for the Appellant (in all the appeals). T.H. Khan, Senior Advocate, (Habibul Islam..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
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