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Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are p......serves, either immediately or mediately, to convince the mind of the truth or falsehood of fact or proposition; and the proof of matters of fact in general are our senses, the testimony of witnesses, documents and the like. The definition of proof centres round probability, we think that preponderan..Category: Criminal Law | Date: | Hits: 153
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....e evidence in support of his interest in the suit property and the Court of appeal below refused to take into consideration these aspects, resulting in an error in the decision occasioning failure of justice. In support to his contention the learned Advocate has referred a decision as reported in 50...... this Court and obtained the present Rule. 8. Mr. Moshfiqueuddin Bakhtiar, the learned Advocate appearing on behalf of the petitioner submits that the Court of appeal below without considering the documentary evidence that is Exhibits 1-5 allowed the appeal by setting aside the judgment and decre..Category: Property Law | Date: | Hits: 155
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... facts of the case speak of an unholy alliance between the parties and the defendants inter se in carrying into effect a secret design that finally succeeded. Once fraud is detected in the process of justice no technicality should stand on the way to setting things right. We, therefore, find the con......ee ex-parte which is impugned before us. 21. During hearing of the instant revisional application a supplementary affidavit was filed on behalf of the petitioners bringing on records a number of documents, namely, certified copy of the Judgment passed in Title Suit No.550 of 1984 filed by one A..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....challenging the award. Deposit made during the pendency of the case cannot be treated a valid deposit as the language of the law is mandatory." 38. Law is to obey and procedure is to follow if not justice being blind, cannot resent the litigant. Here we refer to the provision of section 29(2) of ...... by the Court to be payable thereunder and the Board (BWDB) guarantees the payment of such sum in the event of above proceedings ending in favour of the plaintiff by the Court. It appears from this document that on behalf of Bangladesh Water Development Board the Chairman undertook to pay to the..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....t no appeal has so far been preferred. However, when it is apparent on the face of the record that gross illegality has been committed by the Court below, it must have to be rectified for ends of justice. 10. So far the question of limitation of the Execution Case is concerned, we hold the vi......ithin a period from 2.8.1992 to 22-2-1995 by resorting to forgery and fraud. The defendants 2-3 had helped the defendant No.1 to encash the forged and fraudulent cheques. All the vouchers and related documents of the Bank were signed by the Bank employees, defendants 2-3. Since the defendants 1-3 di..Category: Civil Law | Date: | Hits: 161
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....dure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed………………………(4) Cases Referred to- 30 DL......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
..... The investigation was done in his absence. There is no explanation of the accused with the records. I consider that the investigation was not properly done by the I.O. It is in the interest of justice that there should be further investigation in the case by an officer not below the rank of a...... accused person allegedly misappropriated 442 maunds of wheat. After investigation the police submitted a charge-sheet against the accused persons. 3. In the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge heard the arguments of both ..Category: Criminal Law | Date: | Hits: 70
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....vacate the land within seven days or else the structures on those lands would be removed (Annexures‑E series). The petitioners, thereafter, through their learned Advocate issued notice of demand of justice on 4‑12‑95 upon respondents but no reply has yet been received. 6. Mr. Abdul Hameed C......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....re of the view that the prosecution has failed to prove the charge against the accused appellant and the learned Sessions Judge committed illegality in convicting and sentencing him. In fact and law, justice has been denied by the impugned judgment and order which calls for interference by this Cour......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ideration to his submissions. 8. Now the question calls for consideration, whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 9. On going to the materials on record, it transpires that......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ay the same; that the Bank then served final notice upon the petitioner on 14-3-2004 for payment of the loan and after receiving the said final notice the petitioner served a legal notice demanding justice upon the Bank with some false story on 12-5-2004; that before receiving final notice on 14-3......he suit. The learned Judge of the Adalat rejected the said application, which resulted in this writ petition. 3. The petitioner also filed a supplementary affidavit dated 12-4-2009 annexing some documents with the supplementary affidavit, which were not filed by the petitioner at the time of fi..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ation the principle laid down in Mujibur Rahman's case (44 DLR (AD) 111) wherein it has been held "within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
....was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice.
12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a supplementary affidavit.
......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of justice should not be interrupted readily and proceedings should not be quashed…………………......losed 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 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: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....is correct. So, the appeal must be held to be incompetent. But the fact remains that we have already held that the impugned order of acquittal was an illegal order which has caused a miscarriage of justice. So, we consider it to be a it case for revising the impugned order of acquittal. We therefo......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ce to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyo......losing evidence, examined the accused persons under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence nor did they file any document. 7. The defence case as could be gathered form the trend of cross-examination is the tot..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
....ich was curtailed without giving them any opportunity of being heard and therefore, the High Court Division made the Rule absolute on the grounds of their vested right as well as violation of natural justice. Since the petitioners in the present writ petition did never get any honorarium/allowance b......ere placed in category “F”. According to the Regulations of the Trust the disabled freedom fighters with 1-19% disability were not entitled to any honorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fig..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....e complainant petition. Hence, for these reasons the impugned proceedings amounts to an abuse of the process of the Court and that the same is otherwise liable to be quashed as well to secure ends of justice. 11. The learned Advocate Mr. ZH Afric appearing on behalf of the informant opposite part...... credit facilities, the accused has purported to show that World Tel Holding Ltd. as a guarantor of the credit facilities availed of from Sonali Bank. The complainant has also come across a copy of a document, purporting to be an "Agreement for cash credit-Hypothecation of Goods", dated 19-1-2005,..Category: Criminal Law | Date: | Hits: 124
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....ct. 9. The learned Advocate further argued that almost 11 years have gone passed but the respondent without adjudicating the matter is still sitting over the same by which a serious miscarriage of justice has been done to the petitioner. He cites a decision of Ancient Steamship Company Limited Vs......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
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