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Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......abo Branch, Dhaka for extending loan to get support in the business. On her prayer, the plaintiff had sanctioned loan limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 furnished all the charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by ..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....cause not to appear in Miscellaneous Case when the same was called on for hearing but the Court of appeal below without considering such cause dismissed the appeal which caused serious miscarriage of justice. The Rule is not opposed. In order to appreciate her submissions I have gone through t......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......ditions by its letter dated 25-2-1995 to the petitioners for rescheduling its loan liabilities on condition of reopening and running the jute mill at their own cost and expenses and to execute charge documents for rescheduling the loan and depositing shares of the petitioner company to the bank exec..Category: Civil Law | Date: | Hits: 121
....e Tribunal is not only expected to act fairly, but it must also act judicially in the discharge of its duty. If it does otherwise, that would be contrary to and violative of the principles of natural justice since judicial acts, by their very nature, are deemed to be amenable to the rules of natural......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
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Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....d amongst the convicts actually who shot the deceased and what was the act of whom or who did what in causing his death. So sentence of death of seven accused persons does not justify. The ends of justice will be met if their sentence of death is commuted to imprisonment for life. In the res......earing on behalf of the State, having taken us through the judgment and order under reference, the first information report, the charge, the depositions of the prosecution witnesses, the exhibited documents and other materials on record, makes his submission supporting the reference and opposin..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....for the petitioner submits that the High Court even in its revisional jurisdiction has very wide power and is not prevented from examining the evidence to arrive at its own conclusion for the ends of justice. In support of his submission, the learned Advocate for the petitioner has referred to the c......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... cause was served upon him regarding cancellation of his allotment. In the circumstances, the writ-petitioner through his learned Advocate sent a telegraphic notice to writ-respondent No. 4 demanding justice but to no avail. After that, the writ-petitioner filed the writ-petition. 3. After issua......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......h their original appointment letters to the Ministry of Establishment. Pursuant to the writ petitioners’ representations from time to time, the Government was satisfied on perusal of their relevant documents that they were Ex-Mujibnagar Employees and nominated them for their absorption to their re..
Category: Others | Date: | Hits: 138
....s not come with clean hands. So far as the submission that they have been removed with stigma on their back without being given an opportunity of being heard as violative of the principles of natural justice is concerned, the Appellate Division in the case of Mujibur Rahman Vs. Bangladesh, reported ......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
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Category: Employment/Service Law | Date: | Hits: 91
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....e that he had no opportunity of availing of the alternative remedy in section 30 of the Special Powers Act. If and when such a case is made out it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused person. The High Court Division was wrong i......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....lty of Medicine Dhaka University under Article 17(2) of Dhaka University Order, 1973 on 14-8-96 (Annexure-’C’). Thereafter, the petitioner sent a letter dated 24-8-96 to the respondents demanding justice but to no avail. 3. Being aggrieved by the appointment of Syed Modassir Ali as the Dean o......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......erence by this Court. 2. The opposite party instituted TS No.159 of 1980 in the aforesaid Court for specific performance of contract against the petitioner. On contest the suit was decreed and the document of sale was executed and registered through Court duly. Upon obtaining such registration of..Category: Civil Law | Date: | Hits: 86
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....s prejudiced due to the defect in the charge, the learned appellate Court should have considered this point but it appears that the appellate Court held that this defect did not occasion a failure of justice. 4. Under section 332 of the Penal Code, an offence is committed when a person causes hur......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
....Courts below erred in law in dismissing the pre-emption case on mis-reading and non-reading of the material evidence and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Sobhan further submits that the learned Subordinate Judge as the final Court of fact fa......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
....id evidence both oral and documentary by illegally shifting the onus of proof regarding the death of Lakshman Mondal and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Karmaker further submits that from Exhibit 4 it is evident that the learned SDO Dhaka w......iff’s witnesses or by adducing any witness in support of the defence case.
4. The learned Munsif by his impugned judgment dated 12-1-85 dismissed the suit without discussing any evidence oral or documentary. It is evident from the impugned judgment that the learned Munsif dismissed the suit in ..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ter the dismissal of the suit. 20. The Muslim marriage is a social contract and not a sacrament between a man and a followed by recitation from the Holy Quaran and the relationship based on social justice and adjustment husband and wife. But if these social justice, equality adjustment and tolera......not proved under section 67 of the Evidence Act as the same was denied by the defendant No.1 and no witness of the deal was examined, He submits that by mis-construction and misreading of the alleged documents Exhibit 1 and Exhibit 4 the lower appellate Court reversed the judgment of the trial Court..Category: Family Law | Date: | Hits: 185
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....uential informant parties are also creating pressure upon them and in view of such facts and circumstances and also considering the life of the petitioner being in danger and for fair dispensation of justice by adducing proper evidence filed the Miscellaneous Cases and those cases should be withdraw......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....il cancellation of the same rests primarily on the discretion of the Court on the facts and circumstances of the each case. The facts, however, must be carefully balanced and weighted in the scale of justice. In the instant case the police forwarding dated 28.03.2011 and remand report dated 05.04.20...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..Category: Civil Law | Date: | Hits: 87
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....the witnesses for the prosecution is to give a premium to the ingenuity of the accused and then the only result would be in the words of Munir, C.J. "we would be paving the way for the miscarriage of justice on a large scale and encouraging the accused persons in this country and the relatives to ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
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