Search Options
Judgment Advanced Search
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......this respect and her witnesses are partisan and their evidence are not reliable to the effect that the defendant No.1 entered into the suit land as tenant of the plaintiff. 12. On perusal of the document namely, the tax paying receipt of the Municipality of the year 1965, produced by the defend..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....le under section 11 (kha) or 11 (kha)/30 of the Ain. Therefore, the proceeding should not be allowed to be continued. It should be quashed to prevent the abuse of process of the Court and for ends of justice. In the result, both the Rules are made absolute. Nari‑o‑Shishu Nirjatan Case No. 750...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
.... bank guarantee furnished by the petitioner are not encashable on allegation of fraud and forgery as the issuing City Bank already refused to pay the money against the security documents, the ends of justice would be met if the petitioner are directed to furnish fresh bank guarantee or deposit the c......issued by the Bank as per bank records and no sanction or confirmation of such bank guarantee was given from the Head Office of the City Bank. Those bank guarantee numbers correspond to security documents issued for others and do not tally with the petitioner's bank guarantees and &nbs..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....a temporary injunction in mandatory form, to restore the status quo ante. It further held: “…………this principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an interlocutory application ma......efendant examined five witnesses each. Documents produced by the plaintiff were marked Exhibits 1 to 6 while those of the defendants marked as Exhibit 'Ka’. 7. On the evidence oral and documentary on record, the trial Court held that the sale deeds being No.965 and 966 dated 30‑1‑..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....decision based and the reasons given therefore and those findings and reasoning are required to be set aside with cogent reasons but these well established principles of dispensation of even handed justice have been glaringly violated in the impugned judgment of the High Court Division to the gr......er of the suit property and the same was never possessed by defendant No. 6 on behalf of the plaintiff as a licensee. 4. The trial Court on consideration of the materials both oral and documentary dismissed the plaintiff’s suit. On appeal being First Appeal No. 92 of 1971 the H..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....ion provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice would be perpetuated. Cases Referred to- Zulfikar Ali Bhutto vs State...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......an amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted and illegal, the plaintiff is entitled to get back the title deed along with other supporting documents lying with the bank and a decree of Taka 75,00,000 as compensation against the petitioner..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....the Courts below. The learned Single Judge missed to appreciate law for laches of the parties, particularly, the Government; but the valuation at Taka 30,000 per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. We, therefore, do not......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....ntended that the impugned preliminary decree is an irregular decree liable to be set aside and sections 6 and 7 of die Artha Rin Adalat Ain, 1990 are contrary to the petitioner's fundamental right to justice as guaranteed under the Constitution. Even if sections 6 and 7 are found to valid that shoul......in a bid to release some goods covered by the letter of credit opened by the petitioner in the respondent bank. The respondent bank failed to sanction the said sum although the L/C was secured by the documents of title of the imported goods and there was also full security for the proposed revolving..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....pellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power of review under the Code of Civil Procedure and ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ce, Bandaria Police Station as informant. 3. Husband Md. Delwar Hossain Faraji decamped immediately after commission of crime and had chosen to be an absconder and remained fugitive from law and justice till conclusion of trial and he was tried in absentia. 4. Autopsy on the cadaver of dec......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ng aside the judgement and decree passed by the appellate court as because judgment of the appellate court is tainted with error of law resulting taking decision erroneously occasioning failure of justice. Lawyers Involved: Md. Roushan Ali, Advocate, instructe......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....and circumstances of the instant case the Registrar could very much take the aid of section 151 of the Code of Civil Procedure read with section 3 of the Act to pass necessary order to secure ends of justice and, in fact, he passed the impugned order exercising his inherent power under the said sect...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....aintiffs had a cause of action for the suit. It was also submitted that the decision of the High Court Division in making the Rule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case. 7. It may be mentioned that ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....cause title of the pleading or petition, or that for the absence of formal uncomforting to requirement of law the relief sought for instead of refusing the same is to be given to advance the cause of justice and to ameliorate the condition of aggrieved for which the Court exits. 17. It is seen from......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....appearing, for the respondent, has, however, submitted that the impugned order is designed to prevent the predetermined malafide action against the respondent in violation of the principle of natural justice and that, in the facts and circumstances of the case no stay order having been passed in app...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ng the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangladesh. ………………………&hel...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130