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Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

....ellip;……………Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Rules or procedures are made to subserve the ends of justice and not to defeat them Mere omission to sign and seal exhibits or deposition sheets doe......Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......tion under section 561A of the Code of Criminal Procedure to the effect that the decretal land does not include the lands of the proceeding drawn up under section 145 CrPC. Thus, it is clear from the documents on record that the 2nd party opposite parties got decree from the competent civil Court in..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....n according consent a court has to be satisfied that the executive decision to withdraw from prosecution has not been improperly exercised or that it is not an attempt to interfere with the course of justice, malafide or for collateral purpose. 8. The word 'consent' as used in section 4......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....on of the High Court is attracted (i) to make such orders as may be necessary to give affect to any order under the Code, (ii) to prevent abuse of the process of any Court and (iii) to secure ends of justice. To invoke this inherent jurisdiction of the Court, the Code makes certain provisions and un......gainst the accused petitioners. Moreover, this is a case where an officer, who is an inspector of Bureau of Anti-­corruption lodged the first information report after examining several papers and documents lying with the Ministry. There is a distinction of lodging first information report by Bur..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

....ntiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek relief in a properly constituted suit but in the present suit as fr...... not dispossess the plaintiff from the suit land and that the suit was filed falsely in order to harass the defendants. 4. At the trial the plaintiff examined 4(four) witnesses and produced some documents which were marked exhibits the defendants examined 2(two) witnesses. After conclusion of h..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......t No. 1 would reconvey the suit land to the plaintiff on receipt of the aforesaid consideration money within any Chaitra after harvest by 1377 BS the defendant No. 1 with an ill motive created some documents, of transfer in favour of defendant Nos.2 and 3; after harvest in the year of 1377 BS th..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the au......proceedings might result in consequences affecting the person or property or other right of the parties concerned. This Rule applies even though there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for, in such cases this requirement i..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....; made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the......iginal owner Saku Sarder took loan of Taka 71 on 12th Ashar, 1336 BS and another sum of Taka 92 in 1337 BS from Tayebuddin Biswas, the predecessor of the defendants.  Saku Sarder executed a loan document  for Taka 152 on l3th Jaishtha 1340 BS and Hossain Sarder executed  another loan ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....r accordingly, no summons was served upon the petitioner or the local agent and therefore the ex parte judgment and decree obtained fraudulently in the said suit is liable to be set aside for ends of justice. He submits that the petitioner has been able to prove that there was sufficient cause shown......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ..

Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

.... with said defendant No.1, the learned Joint District Judge acted beyond his jurisdiction in granting stay of further proceedings of the suit under section 10 of the Act, which resulted in failure of justice. 9. He submitted that the learned Joint District Judge misconstrued said contract 25‑......F 3 SECTION 12 & 13 BUILDING AND CIVIL ENGINEERING WORKS AT RAMPURA, annexed hereto, carry out and complete the works shown upon the contract drawings/ specifications and all attachment and other documents described by or referred to in the contract and in the said conditions." (Underl..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)

....ght to have been rejected. The Election Tribunal has inherent power to dispose of an Election petition and so it cannot be stopped from passing any order at any stage of the trial to meet the ends of justice. In view of the facts and circumstances of the instant case, we do not think that there is a...... High Court Division in Election Petition No. 2 of 2001 allowing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in the schedule of the application. 2. The facts leading to the appeal are that, th..

Category: Election Law | Date: 30 Oct, 2004 | Hits: 142

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....al nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to:  Md. Shamsuddin vs. State and......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....egulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. Since it appears that ......nbsp;                                 ..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......entation is one of the most important parts of the lending operation of a bank. In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)

....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......e bainapatra was executed on 19‑3‑1992 where receipt for Taka 17,00,000 has been stated though that amount was not paid on that day. Therefore, we cannot accept the bainapatra (Exhibit 1) to be a document which was fairly executed. Evidences reveal that the purpose of the appellant to dispose of..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6