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M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....oclamation Order No.1 of 1977 which is called the Proclamation (Amendment) Order, 1977. By the same Proclamation Socialism, another pillar, was given different attribution meaning economic and social justice. Such change or destruction of the basic structures of the Constitution has been ratified by...... society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. 59. Constitution is an identifiable document embodying selection of the most important rules about the Government of the country. All no..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....eath sentence in the deadly contemned cell as a condemned‑prisoner. Considering that aspect of the case and the quantity of the heroin does not exceed 25 grams, we are inclined to hold that ends of justice would best be served if the sentence of death be commuted to 5 years rigorous imprisonment. ......e of evidence the condemned-prisoner was examined on 3‑8‑1991 under section 342 of the Code of Criminal Procedure with reference to the deposition of the P.Ws., his confessional statement and the documents against him to which he claimed innocent and further stated that he pleaded not guilty and..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....ly. 13. It is true that the discretion of the Court need not be fettered on materials gathered by judicial method, or to matters extraneous to the case, but the grounds must not be extraneous to justice. We are to remember that the section gives a general executive discretion to the public ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ties of the Company. The respondent offered a property which was already mortgaged with Bangadesh Shilpa Rin Sangstha (as first mortgage). The Registration authority took the view that the proposed documents were to be stamped under Article 40 (b) of the Schedule 1 of the Stamp Act and not under A..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....g speech, Mr. Sheikh Fazle Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the criminal proc......continued to submit that the whole case was geared to assail the credibility and the integrity of the Petitioner, with a visibly vindictive intention. 12. Mr. A.F.M. Mesbahuddin submitted that the document at page 24 of the writ petition is a clear reflection of mala fide exercise of power. He co..Category: Criminal Law | Date: | Hits: 133
....he Government admitted that it gave the order of release not according to law and that the objections raised by the Corporation were correct. He referred to a statement made in the notice demanding justice served by the respondents on the Government as well as the other appellant which says that......nt of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import,..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uliyat in question was executed by the defendant-appellant. Mention may be made that in her written statement it was alleged that the kabuliyat was obtained by fraud and was not, therefore, a valid document. In support of the principle that the plaintiff must succeed on the strength of his own cas..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....o the defendant-appellant to cover up his omission by taking appropriate steps. In the circumstances, therefore, the plaintiff-respondent cannot be allowed to take advantage of his own wrong. Law and justice do not function in the vacuum. It is true that the requirements to fulfill one of the two co......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other properties. The aforesaid document was registered as deed No.8058 on 12-5-1961 at the Sub-Registry Office Dinajpur. The plaint..Category: Procedural Law | Date: | Hits: 74
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......e Judge, on mere suspicion and without considering the oral evidence on record, for the first time in second appeal found that the deed of agreement dated 21.4.68 Ext. A was a forged and fraudulent document. Leave was granted to consider whether the learned Single Judge in second appeal could h..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......was adopted as a son by Tarani Prashad Dey is concluded by finding of fact. It has been field that the adoption as claimed by respondent No.1 took place some time before the actual execution of the document of adoption. So far as the factum of adoption is concerned there is hardly any scope to re-..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....e the petitioner company as we found from the supplementary affidavit is willing to pay and settle with the respondents all its 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 B......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......cial Establishment or Industries as per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and considering the facts and circumstance vide the impugned order allowed the Complai..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....te Court has not reversed this specific findings of the trial Court which is the main crux of the case and, thereby has committed error of law which is an error in the decision occasioning failure of justice. The learned Advocate then drew my attention to the schedule of the plaint and also evidence......te Court has not reversed the findings of the trial Court arrived at on proper consideration of the materials on record. The learned Advocate at the very outset submitted that the Exhibit 2 is a void document and also drawn my attention to the findings of the trial Court: প্রদর্শন..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....d order passed by the learned Additional Metropolitan Sessions Judge in rejecting the Criminal Revision affirming those passed by the trial Court is bad in law and should be quashed to secure ends of justice. 11. Mr. Anisul Haque, the learned Advocate appearing with Mr. Ramjan Ali Shikder and Mr.......apprehension of breach of peace concerning the case land. 6. During trial the first party examined 3(three) witnesses while the second party examined 2(two) witnesses and both parties also adduced documentary evidence to substantiate their respective cases. The trial Court hearing the parties and..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
.... the High Court Division without giving any findings as to that cancellation of the settlement of the suit land has made the rule absolute which has been illegal and has caused serious miscarriage of justice. 16. Mrs. Sufia Khatun, the learned advocate for the respondent Nos.1-4 has made submis......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ry of the period of limitation. 19. In view of the above, the lower appellate Court in passing the impugned judgment committed error of law resulting in an error in decision occasioning failure of justice, and as such the Rule merits consideration. 20. In the result, the Rule is made absolute....... mortgaged land in favour of the mortgagor. 11. Mr. Mobarak further submits that the registered deed of reconveyance was adduced in evidence in original without any objection and that it is an old document of more than thirty years, which has come from the proper custody, and as such it had the p..Category: Property Law | Date: | Hits: 87
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance in the Rule. In the result, the Rule is discharged. The orde...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....aracter of the suit land and adjudicated the same against the plaintiffs. Mr. Nurul Islam, learned Advocate concludes with a prayer for remand of the appeal to the appellate Court to meet the ends of justice. It appears from the record, that a copy of the Rule has been served upon the opposite pa......960, which were allegedly executed and registered by Manjury Mohini Saha in favour of defendant No.1 and his wife. As defendant No.1 was a deed-writer in the Sub-Registry office, he had created those documents in collusion with a Sub-Registrar named T. P. Das, who had a good relation with his (defen..Category: Property Law | Date: | Hits: 66
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