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.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....inst each of the appellants under Section 19(f) of the Arms Act was maintained. Mr. Rouf further submits that the convict-petitioner could not prefer appeal in time and as such with a view to seeking justice he has approached this forum under Section 561A of the Code of Criminal Procedure and that i...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ord of Delowar Hossain is totally nil and he is a man of young age of only 28 years at the time of examination under section 342 of the Code on 30-1-2006. So, we are of the opinion that the ends of justice would be met if his sentence of death is committed into the imprisonment for life. Thus the ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be t......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......re-shipment Inspection Agency work done by the petitioners are set out in paragraph 5(1) of the Pre-shipment Inspection Order, 1999 read with the terms of reference (TOR) in section 5 of the Tender document. Issues as regards payment of VAT first arose a year later when respondent No.2 issued a le..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....age in a proper case and the minimum that is required, to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1, Rule 10(2) C.P.C. or for the ends of justice."
11. In Waliullah Munshi Vs. Lodu Mia Patwary and others (1986) 38 DLR (AD) 308 it has b......can be added even in a proceeding in Revision stage.
15. Ran an eye on contents embodied in the Petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary Affidavit. Perused Counter Affidavit presented by Plaintiffs-Peti..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....pearing on behalf of the accused-appellant submits that he has no other ground to seek bail except the ground of long pre-trial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesitate to release him from custod......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....n cases mentioned in section 195.- (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1),......nt against the petitioner with allegations that the petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the evidence adduced by the parties. He next submits that the Courts below passed the judgments on mistaken views of law and facts and thus resulted in an error in the decision occasioning failure of justice. He next submits that the Courts below have failed to frame any issue on the title and posse...... of defendant No.6 as in the compromise agreement and in the written statement and determined that the signature is of the same person Md. Abdul Latif. On consideration of the evidence, both oral and documentary, the trial Court came to the finding that the plaintiff is the co-sharer of the disputed..Category: Procedural Law | Date: | Hits: 115
....orted in 44 DLR (AD) 111 in paragraph 48 his Lordship Justice Habibur Rahman clearly observed:
"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......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ht decision finding that the plaintiffs are entitled to get a decree. He also submits that the Court of appeal below misread and non-considered the evidence on record which resulted in miscarriage of justice. He submits that keeping aside two offices of Sub-Registrars at Bhederganj, within less than...... and others……………Opposite Parties Judgment January 26, 2009. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. T..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....ideration. Rival contentions surged forward from both sides shall be also addressed and considered by the court……………………….(25) Fundamental principles of criminal jurisprudence and justice delivery system is the innocence of the alleged accused and he should be presumed to be inno......erly is very important. It is the function of the conducting lawyer like the Public Prosecutor to assist the Court to frame charge properly on the basis of the materials on the record of the case and documents submitted therewith and it is the duty of the judge to frame charge after perusing the rec..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......ied, did not appear before the arbitrator Mr. Justice Abdur Rahman Chowdhury, as a result of which the case was taken up for ex parte disposal and the evidence of P.W.1 Mr. MR Sikder was recorded and documents were marked exhibits (Exhibits 1‑38). Thereafter, the learned arbitrator signed the awar..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....ant person when the suit was filed and disposed of but both the Courts below has considered his deposition and thus committed an error law resulting in an error in the decision occasioning failure of justice. 15. He further submits that both the Courts below failed to appreciate and determine the......ein by creating boundary wall and in exclusive possession thereof along with other properties and without the local inspection and without ascertaining and determining the position along with other document and with area map the plaintiff is not entitled to get any decree as prayed for. But the Co..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
.... Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the process of the Court or otherwise to secure the ends of justice………………(12) The Penal Code, 1860 (Act No. XLV of 1860); section 415 Ingredie......ation Report alleging, inter alia, that the accused-petitioner along with his other partners obtained loan amounting to Taka 3,46,67,692.15 from the informant's bank by producing necessary papers and documents in support of imported 65 Taxi Cabs. After taking the loan amount, the petitioner along wi..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....nswers though it does not mean that such answers could be made the sole basis of any finding. The provision engrafted in section 342 is intended to comply with the most salutary principles of natural justice enshrined in the maxim "audi altarem partem". …………………………….(72) Cas......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....dustries (respondent No. 1) failed to implement the recommendations made by the Sick Industries Rehabilitation Cell in its report dated 25- 8-1992. Therefore, the petitioner served a notice demanding justice to respondent No. 1 but in spite of that the respondent No. 1 did not make any response. Hen......hould be discharged. 6. The petitioner filed an affidavit-in-reply dated 13th November, 2007 mostly reiterating the same facts as in the Writ Petition and annexing the Photostat copies of the same documents. 7. Respondent No. 6 also filed an affidavit-in reply against the affidavit-in-reply o..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ummons and the notices were served upon the defendants and as such, the trial Court as well as the Appellate Court have committed error of law which is an error in the decision occasioning failure of justice. 10. Mr. Faruq also placed annexure-A, the report of the process server regarding the ser......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
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