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Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....he same; hence in the event that a single marking method for both of the versions has been maintained, one group of students either the Bangla or the English had certainly been subjected to serious injustice violating their rights to have equality before law and equal protection of law as contained ......ed their detailed report before the High Court Division with their comments. It also appears that copies of the aforesaid assessment papers by the aforesaid prominent experts together with other documents, were handed over to both parties, i.e. the learned Advocates for the petitioners and the ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ahid and Khorshed are neither true nor voluntary; but this aspect of the case was not taken into account by the lower Court while convicting and sentencing them and thereby it occasioned a failure of justice. 11. Mr. Md. Afzal Hossain further submits that there is no finding in the impugned jud......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ...... of mixed fabrics (Pant Material) (2) 499 pieces of ready made shirt (3) 277 pieces of ready made trouser and (4) 240 pieces of ready made T-Shirt amounting to US$ 1, 62,063.62. The tendered shipping documents i.e. packing list dated 21-10-2011, certificate of origin dated 25-10-2011, pay order date..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... in the Court premises at district Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in the impugned decision occasioning failure of justice. 10. Mr. Arshed, finally submits that both the witnesses namely, P.W.1 and P.W.2 in the...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....e with section 164 read with section 364 of the Code of Criminal Procedure……………………(5) Initial burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. If the ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....the second statement on the ground that this statement corroborates the injuries.……………………(5) Burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As rega...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....e adduced by him in another suit or proceeding heard simultaneously or analogously, but section 151 of the Code has given inherent power to the Court to pass any such order to secure the ends of justice and in the instant cases by allowing the prayer of the defendants to adopt their evidence gi......ively. Both deeds were registered in the same number being No.7198 and then deed No.7848 was given to the plaintiff’s father and the other deed being serial No.7849 was kept with the other documents in the file of the suit plot at DIT. The plaintiff’s father, Engineer Shamsul Kabir ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....ermination passed by the defendant-opposite party No.1 was illegal and without jurisdiction. The appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice in affirming the judgment and decree of the trial Court inasmuch as the trial Court found th......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
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Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....al Procedure, the petitioner was on pre-arrest bail granted by the High Court Division in Criminal Miscellaneous Case No. 14063 of 2008 on 25-8-2008 and, as such, the petitioner was not fugitive from justice at the time of moving the instant application before the High Court Division and this ...... tender for sale of the abandoned properties......Abetment is such an offence which may be inferred from the conducts of the accused and circumstances of the case. It may be proved either by oral and documentary evidence or by circumstantial evidence. Under the circumstances, we have no hesitat..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....le of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if the petitioner has been given a chance to pursue his wish by which t......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......om a reliable source, that one Jeep was kept in the custody of one Md. Abdus Salam, son of late Hasen, of Building No.A/P.11, at 11/R Top Kalabagan, Green Road Staff Quarter, Dhaka, without any legal document and that he was trying to sell the said Jeep; that they then proceeded immediately towards ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......ouse Bill of Lading against two shipments. Then, the petitioner paid the entire LC value (including the freight) to the concerned Bank. Accordingly, the Bank delivered the duly endorsed shipping documents to the petitioner. Thereafter, petitioner submitted House Bill of Lading along with all ot..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
.... erroneously passed the impugned order without considering above matters and thereby the learned Appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice, as such, the impugned judgment and order is liable to be set aside and the Rule should be m...... and interest have been vested upon the government. 7. The trial court on consideration of the material evidence on records adduced by the parties both by deposition in the court and also through documentary evidences dismissed the suit by its judgment and decree dated 31.08.2005 (decree signed ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....ut the validity of a meeting held without complying with the provisions of section 95 and to cancel any resolution taken in such a meeting under section 233 as well as for ends of justice. 10. Finally, having considered the fact that no notice for calling the meeting dated 6......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....ourt Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the......to press the rule or for opposite-parties to oppose the rule. 10. I have perused the judgment and orders of the Courts below on record very carefully. The learned Munsif, Debigonj considered the documents of the parties. After hearing the parties and considering the materials on record and in t..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
.... bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ....................... (5) Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a con......o mention here that "Munsif Court" was renamed as Assistant Judge Court in the recent past. Therefore, it raises a serious doubt in the mind of this Court as to the genuineness of this document, which is a vital instrument for ascertaining the title of the suit land inasmuch as, the s..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... and manner in keeping with the intention of the Legislature so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law...................the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....llah Vs. State reported in 62 DLR (AD) 233, the Appellate Division held: "Inherent power of the High Court Division is generally exercised whether no other remedy is available for obtaining justice in the cause it should not e invoked where another remedy is available. This power has not b......on Commission Act, 2004. An order of detention was also passed on 5-7-2007 against him. It is alleged that the accused-petitioner had no opportunity to consult with any lawyer or outsider and see his documents in preparing statement of wealth from the jail custody. After submission of statement of p..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....urt exercising criminal jurisdiction has no competence to pass direction upon the police not to arrest and harass the petitioner without due process of law. We are of the opinion that dispensation of justice should be the prime consideration and for the sake of securing justice Courts of the High Co......ass any direction upon the respondents not to arrest or harass the petitioner without due process of law. 4. We have heard the learned Advocates of both the parties, perused the record and other documents. 5. It appears from the FIR that the name of the petitioner has not been mentioned in..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....ed in earlier Writ Petition No. 6891 of 2002 which was apparently made in contravention of Order XXI, rule 83 (3) of the Code of Civil Procedure and also in violation of the principle of natural justice, inasmuch as, the direction was made without affording the Agrani Bank any opportunity ......anting necessary certificate to that effect within 3(three) months from the date of granting such certificate and for that the Court shall not be required to return the mortgage deed and/or the title documents to the petitioner before such sale." 2. Pursuant thereto the executing court iss..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
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