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Yasinullah Vs. State, 2003, 32 CLC (HCD)
....e the Magistrate, Balaganj. 4. It is submitted that the impugned proceeding arising out of 2nd first information report is nothing but an abuse of process of the court and for securing the ends of justice the same is liable to be quashed. It is further submitted that at the time of recovery of th......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......) of the Act. In the instant case, we asked the learned Assistant Attorney General to show us the concerned files and service records of the petitioner. Although he has produced a photo copy of the document relating to the concerned employees retirement and service records, he has not been able to..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....d the Audit Team. The petitioner sought immediate relief to cancel the arbitrary adjustment made by the respondent No.3 but no result. 10. Thereafter the petitioner served a notice for demanding justice through his lawyer Mr. Tanjibul Alam on 30-4-2006 to the respondents for withdraw of the imp......titioner to make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase Register and the Declaration on the production-raw material consumption and other documents for the year 2003-2004 audited by the local and Revenue Account Audit Department, Dhaka an..Category: Fiscal/Taxation Law | Date: | Hits: 196
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....ed the documents and evidence legally and passed a decree in favour of the plaintiffs. I do not find that the learned trial Court has committed any error of law in its decision occasioning failure of justice and as such it is not required by this Court to interfere with the judgment and decree of th......t property from the plaintiffs, but he is not a tenant of the suit property and he never paid any monthly rent to the land‑lord of the suit premises. Both the parties adduced evidence both oral and documentary and after considering the material evidence on record, the learned Judge found that the ..Category: Property Law | Date: | Hits: 108
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....ত পাঠান হউক।” Without application of mind with the facts and law of the case and thereby, committed error of law resulting in the error in the decision occasioning failure of justice. The learned Advocate further submits that the impugned order passed by learned Appellate Ju......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....struction of the new law as shall suppress such mischief and advance the remedy provided by the new law. 15. Rules of interpretation have been formulated by the judiciary to prevent miscarriage of justice and also to secure justice to the litigant. It is never the object of the rules of interpret......atement or information which he knows or has reasonable cause to believe to be false, or not true, in any material particular,- (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 kn..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....e 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 it 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 pract......de of Criminal Procedure. Section 241A of the Code enjoins that when the accused appears or is brought before the Magistrate and if the Magistrate upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused and alter giving t..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....er company, as we found from the supplementary affidavit, is willing to pay and settle with the respondents all its outstanding dues which we have already discussed, we are of the view that ends of justice would be met if the respondents are directed to register the new name of the company MJL Ban......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......inal printed copy of CS Khatian No.4300 'Ja' and the certified copy the Exhibit 1(Ka) the High Court Division further held in that judgment that the Exhibit 1(Ka) filed by the plaintiffs was a forged document. Against this judgment of the High Court Division passed in First Appeal No.230 of 1995 t..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ...... evidence that Taka 2,50,000.00 was agreed upon as the earnest money and not Taka 3,50,000.00 in the first agreement of sale vide Ext. ‘A’ and the plaintiff-respondent made her sign her name on a document as Hamida Chowdhury without disclosing the contents thereof by force saying that it was a d..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......the two houses. 4. At the time of trial the plaintiff examined himself as the sole witness on his behalf and defendant No.1 also examined himself as the only witness on his side. A large number of documents were admitted into evidence. The trial Court found the share of the plaintiff in the prope..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......, the Court may make such order as it thinks fit for the disposal by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or, in its custody or regarding which any offence appears to have been c..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....the existence or non-existence of a fact to prove the guilt of a person, the golden rule of benefit of doubt, to an accused person, which has been a dominant feature of the administration of criminal justice in this country with the consistent approval of the superior Courts, will be reduced to a na......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... further stated in the petition that on an identical issue in the unreported Writ Petition No.3046 of 1996 the Rule was made absolute by the High Court Division on 25-8-96 by holding that for ends of justice, the bye-election shall remain stayed till the disposal of the election petition. A copy of ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....the continuous service and hence no interference is called for. In the facts and circumstances of the case and for reasons stated above I do not find any illegality or error occasioning failure of justice in the impugned judgment and decree and therefore, I am not inclined to interfere with the s......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....es of Modern Company Law" 2nd Edition (1908), page 596. "Winding up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of even‑handed justice but at a price which may be heavy. Moreover, it is justice according to law, and share‑hol......e copies of some proceedings of the meetings of the Board of Directors where the petitioners No.1 and 2 were present. These are the sum total of the facts and circumstances of the case as well as the documents and papers filed by both the parties. 19. In the back‑ground of the aforesaid facts a..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....ation did not allow the petitioner to attend the office from 15.10.87 and also did not pay his salary from the month of October, 1987. On 18.11.87 the petitioner through his lawyer served a demand of justice notice upon the Corporation but the latter did not pay any heed. 3. The respondent-Corpor...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....ained the Rule. 2. Mr. Md. Khurshid Alam Khan, the learned Advocate Appearing for the petitioner, submits that the impugned order on the face of the record is illegal and has occasioned failure of justice since the order itself is not a speaking order and no reasoning has been given for rejection...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..Category: Procedural Law | Date: | Hits: 85
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