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Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......Hossain Executive Director II in charge Accounts or in his absence by any other director to be nominated by him and the Executive Director II is hereby authorised to seal, sign and deliver any paper, document or instrument pertaining to such letters of credit on behalf of the company as and when req..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....ry natureand factual questions are to remain beyond controversy. Thisview, however, does not reflect a rule of thumb, and there arecases, very sparing though, where the Courts can, if the interest of justice so warrant, take evidence, and can ask a deponent toproceed with verbal elaboration and that...... under Purbadhala Police Station in Noakhali. 13. The Petitioner No.1 and the spouse of the Petitioner no.3 were released from the prison in June 1980, yet they were not supplied with any official document as to their release at any point of time, not even today. No document or certified copy on ..

Category: Criminal Law | Date: | Hits: 154

Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......­tion. 7. The petitioner filed a complaint in the Court of Senior Special Judge, Rajshahi alleging that on 12-1-1998 he and two other co-sharers named Akbar Ali and Abdul Rahman signed a petition document and presented it before the accused (opposite party No.2) Md. Azizul Baki Miah being the Su..

Category: Procedural Law | Date: | Hits: 92

Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)

....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..

Category: Fiscal/Taxation Law | Date: | Hits: 135

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

.... Kalam babul and Arif Haider Were manufacturing bombs/cocktails. Any conclusion that the accused is guilty under section 4(b) would be a mere conjecture, speculation or guess which are not in law and justice permissible grounds to base a verdict of conviction and sentence upon convict-appellant Abu ......ter a fresh First Information Report; he is empowered to make further investigation, normally with the leave of the Court, and where during further investigation he collects further evidence, oral or documentary, he is obliged to forward the same with one or more further reports. This is the import ..

Category: Criminal Law | Date: | Hits: 83

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....rt empowers it to interfere with the Subordinate Courts Judgment if it appears to this Court that the Subordinate Court's have committed error of law in passing decree or order occasioning failure of justice and in that case this Court is empowered to make such order in the Suit or proceeding as it ......ed himself as D.W.1 and further examined three others D.Ws. The P.W.1 only filed an information slip which has been marked as Exhibit-1 on the other hand the defendants filed the original copy of the documents of the registered sub-kabala being No.766, dated 2.2.1937, which has been marked as Exhibi..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....ion or made any finding upon no evidence or without consi­dering any material evidence/facts causing prejudice to the petitioner or it has acted mala fide or in violation of the principle of natural justice. While considering the merit of the instant Rule, the above ‘ratio’ enunciated by the Ap...... of Judgment of a tribunal or in other words exer­cises its jurisdiction in Certiorari cannot sit over as the court of Appeal. Since the impugned order of review passed by the Full Board is based on documentary evidence, the High Court Division in its extraordinary jurisdiction under article 102 of..

Category: Property Law | Date: | Hits: 115

Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)

....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......e issue of the credit, (ii) the bank that issues the credit, (iii) the correspondent bank which is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or simply advises the credit to the beneficiary. In case..

Category: Business or Commercial Law | Date: | Hits: 365

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....of the High Court are purely discretionary, it is permissible for the High Court to interfere at any stage in a pending trial provided there is sufficient material to assume that manifest or patent injustice has been done. The High Court will, especially at an interlocutory stage, not interfere unle......and caused injury and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a electronic Torch light and some documents regard landed properties; that the witnesses came to the place of occurrence from bazar an..

Category: Criminal Law | Date: | Hits: 66

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....an not be accepted, when those certificates are against the registered deeds. 12. Referring to the evidence of D.Ws. Mr. Mozammel submits that another serious error of law, occasionally failure of justice is that the learned trial court did not at all consider the evidence on possession by the de......n the pleadings of the parties the trial Judge framed 4 issues to decide the suit. At the trial the plaintiffs examined 6 PWs. and the defendants examined 7 DWs. and both the parties proved number of documents in support of their respective cases. 5. The learned Assistant Judge, Gomestapur, Nawab..

Category: Property Law | Date: | Hits: 66

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

.... the inherent power of the court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical......gh Court to quash a prosecution which amounts to abuse of the process of the court. It cannot be exercised by the High Court Division to hold a parallel trial, only on the basis of the statements and documents collected during investigation or inquiry for the purpose of expressing an opinion as to w..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....rder which it deems fit and proper in the given facts and circumstances and in the instant case the facts and circumstances are so peculiar that without restraining the defendant-appellants no proper justice would be done to the plaintiffs in the instant case. The learned advocate further submits th......g out of the work order issued by the SMC under joint venture agreement would be made directly to Pubali Bank Ltd. Satmasjid Road, Dhaka, in the account of Contech Ltd. arid relying on these admitted documents Mr. Khalilur Rahman emphatically submits that it does not lie in the mouth of the defendan..

Category: Civil Law | Date: | Hits: 87

Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)

.... The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cas...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..

Category: Procedural Law | Date: | Hits: 82

Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)

....6 of the Penal Code, if we do not record an order of acquittal in favour of accused Fazlul Huq the non-appealing accused, it means that we are allowing an illegal order to perpetuate. The fountain of justice must not be stopped to the deprivation of any and its flow be allowed to continue so that ev......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..

Category: Criminal Law | Date: | Hits: 75

Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)

....ng. 11. The learned Advocate also repeatedly urged the Court to take into consideration the nature of the Bainapatra. According to him, it is a forged one and the Court should see that substantive justice is done. The facts are such that the Bainapatra in question may very well be found to be a f......hing of the proceeding of the Kotwali Police Station Case No.6(2)79 and obtained this Rule. 7. The ground on which the quashment of the proceeding was urged is that in a proceeding where a forged document has been used the Court concerned should make the complaint. The criminal Court should not ..

Category: Procedural Law | Date: | Hits: 71

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....l Lawyers Association executive director Syeda Rezwana Hasan said that the law required Rajuk to demolish the building without waiting for a political decision. 26. If law is subject to politics, justice can never be ensured, she commented.” The allegations as figured in the reproduced Arti......uthorities. By a communication dated 27th January 2004, RAJUK intimated BGMEA that the Building Construction Committee had accorded approval to the earlier’s plan and requested it to submit further documents and BGMEA obliged. 30. By another communication, dated 20th August 2006, RAJUK asked BG..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....tion case finding that the case is barred by principle of waiver, estoppel and acquiescence but the Court of appeal committed error in law resulting in an error in the decision occasioning failure of justice in finding that the case of waiver, estoppel and acquiescence has not been established again......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..

Category: Civil Law | Date: | Hits: 192

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....ere there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....The accused petitioners themselves drew the money and misappropriated the same without paying to the complainant. Therefore, the complainant applied to the Chairman of Jamalpur Paurashava for getting justice who arranged a meeting in his office where in presence of leading persons, the accused petit......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..

Category: Employment/Service Law | Date: | Hits: 238

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

....e against the accused but the learned Judge of the Tribunal failed to weight and shift the materials on record and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. He lastly submits that the learned Judge of the Tribunal without taking any step in respect...... in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materials. The respondent may have in his pos­session on a number of documents to disprove the complaint but as those materials are not yet of the part of the materials ..

Category: Criminal Law | Date: | Hits: 177