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Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....s that the learned Appellate Court below committed error of law in not giving effect to the provision of Section 41(1) of the Artha Rin Adalat Ain, 2003 which has resulted in serious miscarriage of justice as such the impugned judgment and order is liable to be set aside. In support of his conte...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....e Accord is shown as an essential step towards further integrating the CHT into the body politic of the nation through democratic practices, thereby, contributing to long-term peace, development, justice and stability in the region, and consequentially to the political unity and territorial in......pondent Regional Council has argued to this Court's satisfaction that the CHT Peace Accord is neither an executive deed nor a contract within the meaning of Article 145, but is merely a political document/agreement setting out the political goodwill between the NCCHT negotiating on behalf of..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....power of the High Court Division to make such orders 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." 15. From the said provision, it has become manifestly clear that the inherent power of ......nformant party went to his house on 02.08.2001 at night about 2.35 hours and recovered a pipe gun from the house of the petitioner and prepared seizure list and that the petitioner could not show any document about the said arms and thus regular case being No.1(8)01 under 19A of the Arms Act was s..Category: Criminal Law | Date: | Hits: 99
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......7 years the matter has not been finally disposed of and, as such, he had to come to this Court for the same. Although the Petitioner's C&F Agent who submitted Bill of Entry and other shipping documents for release of the goods imported by another person and that in the name of spare parts 79..Category: Fiscal/Taxation Law | Date: | Hits: 166
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....in reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in lawas well as the judicial convention,......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....f the defendant No.3 appellant-opposite parties while supporting the impugned judgment passed in appeal vigorously argued that the appellate court committed no error of law occasioning failure of justice in reversing the judgment passed by the trial court since each and every finding of the tria...... Abdur Jabbar examined him as P.W.1 and further examined one Md. Lutfor Rahman as P.W.2, Md. Habibur Rahman as P.W.3, and one A.B.M. Saifulla as P.W.4. 9. The P.W.1, marked exhibit the following documents" ক্রমিকনংওবিবরন প্রদঃ১-এস, এ, ৬৩..Category: Property Law | Date: | Hits: 119
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without applying judicial mind. The impugned judgment and order is not sustainable in law. Both the Courts below have committed an error of law resulting error in the decision occasioning failure of justice. 39. In the result, the Rule is made absolute, with costs of Tk.20, 000/-. The impugned j......le 90 of the Code of Civil Procedure. Mr. Khalilur Rahman by submitting a supplementary affidavit dated 7.4.2001 (copy served upon the learned Advocate for the other side on that date) submitted some documents before this Court for its perusal including a family partition deed dated 13.1.1951 and su..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo dated 17.5.2009 the petitioner moved this Hon'ble Court with Writ......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ected to the rigorous and expenses of a full scale trial. 21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate injustice. This Division is empowered to see whether the charge again......n the accused petitioner AKM Fayekuzzaman and complainant opposite party Rejina Begum is Civil in nature. She may get relief on the basis of the contract. The contract between parties is a secret document. No one can go beyond contract. In the instant case, the whole thing is to be settled on th..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ove findings of fact it is apparent that the tender Evaluation Committee has totally failed to show transparently in their evaluation of tenders and by disregarding all principles and canons of justice considered major deviations purposely to award the tender to a non-complaint bidder and ther......99,021 (v) M/s Elenos, Italy US$ 676,729, Equivalent to Taka 4,67,82,275.77. 4. The procuring entity showing M/s Nautel Ltd. technically responsive in gross violation of the terms of the tender document and illegally issued notification of award in its favour. M/s Nautel Ltd., however, failed ..Category: Others | Date: | Hits: 127
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......nt Kamal Ahmed and Emdadul Huq made some statements in self defence while accused Haider Ali who always said that his name was Mofazzal Ali Haider, in addition to making some statements produced some documents in support of his defence. The learned Additional Sessions Judge after hearing the argumen..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......etired) AK Khandker recorded under section 161 Cr.P.C. by the Investigating Officer. 12. So far the confessional statement of the accused petitioner herself is concerned, it is a very questionable document as has been observed by the Appellate Division of the Supreme Court while hearing the petit..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....now well settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure the ends of justice. Section 561 A of the Code reads as follows: "561 A. Saving of inherent power of High Cou......rt of Magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two sections have nothing with quashing of a proceedi..Category: Criminal Law | Date: | Hits: 108
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....uthority of the petitioner. The petitioner preferred appeal on 16.4.2001 which was rejected on 4.11.2001 without any consideration on merit. Thereafter, the petitioner served a notice for demand of justice on 14.11.2002 through his learned Advocate Mr. Abdur Rab Chowdhury but to no effect. In thes......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....ent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved beyond r......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....tiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff‑petitioner thought it wise and necessary for the proper and complete adjudication of the suit and in the interest of justice, to file an application on 14‑12‑85 praying for amendment of the plaint mainly with rega......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such......int that the plaintiff specially mentioned therein that the dedication was made in the year 1928 AD. An oral dedication in Hindu Law is also possible for religious and charitable purposes without any document in writing. It can be established by cogent and satisfactory evidence of conduct of the par..Category: Property Law | Date: | Hits: 113
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......d all the necessary taxes and duties levied by the Government. 9. Referring to Annexure X-3, which appears to be a Gate Pass dated 16-12-2008, Mr. Huq submits that it is evident from the aforesaid document that most of the Goods in question have already been delivered to respondents No.6 and unle..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......) Is the defendant No.3 liable for the alleged claim of the plaintiff? 8. At the trial the plaintiff examined his attorney Mr. Abdul Hamid Khan as P.W.! as sole witness who submitted the following documents which were marked exhibits 1-9 which are as follows: Exhibit No. Ide..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
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