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Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....ted to its original file and number the appellant-petitioners will suffer irreparable loss and injury and also to be non-suited against his right to the property and will deprive from the substantive justice. Therefore, he simply prayed for re-admission of the instant appeal. In support of his conte...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
.... that Court or superior Court is to be deemed to posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of justice on the principle that when a law gives a person anything it gives that without which it cann......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. 6. That being the position we are of the view that the ends of justice would be best served if a direction has been given upon the respondent No.2, Bangladesh Bank......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....ivision feels to exercise its writ jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ jurisdiction is mean for doing justice where it cannot be done in any other forum. This Court repeated occasions argued that Articl......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....s in whose presence the alleged dao/wearing cloths were seized has made the entire prosecution case unworthy to believe and non-consideration of above vital facts has caused serious miscarriage of justice. 13. Now let us delve into the merits of the case. 14. On perusal of the ev...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....uations that is to say where vires of a statute is in question or where the determination is malafide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an act or where the st......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....revisional Court in passing the impugned judgment and order committed no illegality or irregularity or non-consideration of material facts resulting in an error in the decision occasioning failure of justice by which it can be held that the impugned judgment and order is perverse and not sustai......t the plaintiff to the suit if the further & better statement is accepted has nothing to lose rather he has sufficient scope to controvert the pleadings of the defendant by adducing oral and documentary evidence (if any), but if the defendant is deprived from furnishing better particulars i..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....rk to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown to be ap......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....ord. 16. Having elaborately discussed the evidence and materials on record and having considered all the facts and circumstances of the case, the High Court Division held that "ends of justice will be better served if the sentence of death upon the condemned-prisoner is reduced to tha......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....de of Criminal Procedure can be invoked at any stage of the proceeding even at an initial stage, if it is necessary to prevent the abuse of the process of the court or otherwise to secure the ends of justice. The inherent power of this Court under section 561A of the Code of Criminal Procedure can b......lion, equivalent to Tk. 447.00 crore and an agreement was signed on 11.03.1998. Daewoo Corporation was not a pre-qualified bidder because its bid did not contain 28 equipments mentioned in the tender documents. It was purchased despite not being qualified to consider as a Frigate for lack of equipme..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
.... resulted into an abuse of the process of the Court and that the proceedings started against the petitioners are bad in the eye of law and are not based on any legal footings. So for the ends of justice it is liable to be quashed. 7. He cited the decisions in the case of Habibur Rahm......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....e than that it should take place within a reasonable time. Specific performance of contract of that nature will be granted, although there has been a failure to keep the dates assigned by it, if justice can be cone between the parties, and if nothing in (a) the express stipulations of the ......ent for nonpayment of the balance consideration within six months. The defendant is under obligation to handover the vacant possession of the house except the shop and to deliver collateral documents of title and then to arrange for the execution of the tripartite deed with HBFC and the pl..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
.... Chairman of Bangladesh Chemical Industries Corporation on 24-7-2004 to reconsider the matter but to no avail. 3. Finding no other alternative, the writ petitioner served a notice demanding justice upon the writ respondents on 10-8-2004. But no reply was received. Therefore, the writ-petit......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....uring disposal of the appeal there has been glaring misreading and non-reading of the evidence and non-consideration of the material facts resulting in an error in the decision occasioning failure of justice. The learned Advocates also submits that the findings on possession of the Trial Court not a......aring on behalf of the opposite party opposing the Rule submits that the learned Appellate Court below while disposed of the appeal on merit considered all the evidence adduced including the oral and documentary evidence and circumstantial evidence. The learned Assistant-Attorney-General further sub..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......r information which he knows or has reasonable cause to believe to be false, or not true, in any material particular, or (b) makes in any book, account, record, declaration, return or other document which he is required by an order under sub-section (1) to furnish any statement which he ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....the institution or continuance of criminal proceedings against an accused-person may amount to an abuse of the process of the or when the quashing of the impugned proceedings would secure the ends of justice; (3) Where there is a legal bar against institution or continuance of a criminal c......, the Investigating Officer has shown assets on wrong calculation in the charge-sheet, and that the value of the paternal properties was shown excessive. By filing a supplementary affidavit with some documents, the learned Advocate for the accused-petitioner has tried to impress upon us that the Pri..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11