Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. 

An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide, could be a matter for arbitration reference.

The law in this regard is also well settled that when parties to building construction or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on both the parties, it would be binding except in cases of fraud, gross mistake on his part, as would imply an act of bad faith or failure to exercise an honest judgment on grounds of collusion with the other party or an act of misconduct AIR 1975 (Madhya Pradesh) 152.

The parties would be bound by the decision of one named person who is not an arbitrator but the said person even being a servant or an employee under one of the parties, is required to act honestly and also judicially with a full realisation of the responsibilities of his position in dealing with the question in which his opinion is final

In matter of injunction, the court has always to consider, in the light of the attending facts and circumstances of each case in granting or refusing an injunction, the balance of convenience and inconvenience and irreparable loss and injury that would be caused to one of the parties in case it is allowed or refused.

In the instant case the balance of convenience and inconvenience is in favour of the opposite party foreign supplier and if the Bank guarantee is kept alive by renewal for one year more and it is directed to be so kept, the Coal Controller would not suffer any irreparable loss or injury. ……………..(35-41) 

Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. 

It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of the plaintiffs in the suit land……………….(15)

The plaintiffs failed to prove their case of settlement of the suit land in their favour 40 years before the filing of the suit or that they acquired title in suit land on the basis of adverse possession beyond the statutory period of limitation. As the plaintiffs failed to prove their possession in the suit land their simple suit for declaration of title is barred under the proviso to section 42 of the Specific Relief Act for want of prayer for further relief, so is not maintainable……….(18) 

Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh

The provisions lie in Sections 4 and 5 of the Foreign Private Investment (Promotion and Protection) Act, 1980 provide for fair and equitable treatment to foreign private investments and that sanction, permission or licence, etc. granted by the government to an industrial undertaking having foreign private investment shall not be unilaterally changed so as to adversely alter the conditions under which the establishment of such undertaking was sanctioned.

Article 31 of the constitution of Bangladesh guarantees that a foreigner who for the time being is in Bangladesh has a right to enjoy the protection of law and to be treated in accordance with law. This Rule will apply to any company set up by registration in Bangladesh

Sub-Article (2) of Article 102 of the Constitution may be invoked by any aggrieved person including someone who is not a citizen of Bangladesh, if the person engaged in the performance of functions of the Republic does not act in accordance with law.

The instant Writ Petition is quite maintainable. Government action must be passed as per law and the law itself must be reasonable and fair with reference to some legitimate object to be achieved. Democratic formal Government demands equality and absence of arbitrariness and discrimination. There must be fairness in Government dealings based on the principle of rationality, duty to act promptly and ensure fairplay and economic due process. Even if the petitioner is guilty of "Industrial Espionage" the Government does not have the right to withhold decision on his application indefinitely; whatever the outcome it must be disposed of fairly and promptly and in accordance with law……………(11-13) 

Rules or procedures are made to subserve the ends of justice and not to defeat them

Mere omission to sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding.

The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds.

It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at a subsequent stage……….........(8) 

An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees…………..(16)

rejection of a memorandum of appeal presented on insufficient stamped papers shall be deemed to be a decree within the meaning of section 2(2) of the Code of Civil Procedure. An appeal shall lie against such order; Cf: above Suraj Pal Pandey and others Vs. Uttim Pandey and others, AIR 1922 Patna 281…….(14)

An appeal against an order rejecting a memorandum of appeal for insufficiency of stamp-papers is the only remedying. Revision will therefore, not lie against such order….(21)

In an appropriate case, a Court may invoke inherent jurisdiction under section 151 of the Code of Civil Procedure to accept the deficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law……..(25) 

Section 34, the Evidence Act, (I of 1872) 1872

Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)

Suit for recovery of bank dues

The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.

Documentation is one of the most important parts of the lending operation of a bank.

In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which must be drawn by legal experts and such documents must avoid age-old archaic and cryptic wordings, coverage and language. Documents should be short, precise and to the point. It is therefore, not only necessary to select the right type of documents according to the facts and circumstances of each case but also to guard against any addition and alteration which should not be effected without expert legal opinion.

Execution of any document creating any security keeping space for date and consideration in blank would never be accepted as valid execution of such document.

Execution consists in signing a document written out and read over and understood, and does not consist in merely signing a name upon a blank sheet of paper. So that a document may be executed, it must be in existence. Where there is no document in existence, there can be no execution. A document executed in blank in necessary particulars, namely, date and consideration, cannot be said to be in existence and if produced in Court, as such that is without date and consideration would have no legal effect. When such filling in of said necessary gaps/blanks to make the documents complete is proved such documents would be excluded from consideration by a Court of law. 

When accused persons are "daredevils of the locality"

The legal position is that neither the number of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "daredevils of the locality". No one was willing to come forward to depose against them. In such circumstances there should not be insistence that there should be more witnesses. Even the quality of the evidence of a single witness is sufficient to prove the case…………..(39)

The general rule that if the accused wished to prove the particular fact, his alibi for instance, he must prove it. The plea of alibi must be substantiated by the accused. Here in this case since the defence asserted that while the informant attempted to assault his wife, then the victim went to save her and at that time the informant pushed the victim down from verandah to courtyard whereby he was injured. As per the provision of this section, the defence is to prove this alibi………….. (42) 

Appointment of Arbitrator by the Court

Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on behalf of a party does not invest the Court with any power which it does not have under the section. Even when other party did not appear upon notice to an application made under section 20 of the Arbitration Act, the Court is not empowered to supersede the arbitration clause and appoint an arbitrator who is not named in said arbitration clause………………(51) 

Contract Act (IX of 1872); Section 10, 30 & 73

A person who is not party to the contract cannot enforce the terms of the contracting parties

A stranger to a contract cannot sue the other party. Terms of the contract can be enforced only by the contracting parties and not by third party………….. (12)

A share-holder to a company is not a contracting party. Therefore, a share-holder in a company cannot sue the company for wrong or damage or for any loss suffered by the company. If any wrong is done or damage is caused to a company, the company is the only person who can claim for damage against the person who has caused such damage……(14) 

Confessional statement, not a verbation statement of the accused

The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ....... (49)

Confessional statement can not be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either believed or disbelieved as a whole. ........ (51) 

The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit property. ............ (5) 

The Companies Act, 1994 (XVIII of 1994)

Section 43(3)

In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9)