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Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....only requirement for that is that in allowing such application for additional evidence, the Court shall record its reasons with a finding that such additional evidence is necessary in the interest of justice. He further submits that as the appellant could not appear in Court at the trial or engage a......d point also miserably fails. 12. Now, in this appeal during arguments, an application on behalf of the accused appellant has been filed by his learned Advocate for admitting into evidence a paper/document alleged to be an explanation showing utilisation of the entire amount of the money entrus..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....namely by 31.7.92. He has further submitted that the Election Commission heard the matter behind his back setting aside the final order passed on appeal and this has violated the principle of natural justice. 5. We have examined the contention of the learned Advocate but we find no substance in a......wed, by 31.7.92 but he defaulted to pay the same within 31.7.92 and it was not disclosed by him in his nomination paper. The Returning Officer asked the respondent No.8 in presence of all, to produce document against that defaulting allegation but he failed to produce any such document to show that ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....oner wrote a number of letters to the respondent No. 1 demanding his pension benefit (Annexure Nos. H, I, J, K, L, M) but without any response, as such, he was constrained to issue a notice demanding justice through his learned Advocate on 22‑4‑2003 (Annexure N) claiming his pension and other re......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....n he was sentenced to death. Abdul Hatem was in abscondence since the incident and he remained although in abscondence during trial and he was tried in absentia. He was, thus, a fugitive from law and justice. Abdul Hatem shall be referred to hereinafter as condemned prisoner. 6. Learned Additiona......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ndatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffers from error of law which has resulted in the error in the decision occasioning failure of justice and, as such, the impugned judgment and order of affirmance is le to be set aside in exercis......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....titioner having been shown as 25 years, the said entry could not be challenged and, as such, the Appellate Tribunal committed error of law resulting in an error in the decision occasioning failure of justice in holding that the present petitioner failed to prove that he attained the age of 25 year......he nomination paper and thus he was qualified to be a candidate for the post of Chairman of the said Union Parishad. On appeal, the Appellate Tribunal considered the evidence on record, both oral and documentary, and came to the definite finding that the petitioner failed to prove that he attained t..Category: Election Law | Date: | Hits: 156
....bmits that the petitioner was not supplied with a copy of the inquiry report. The other grounds taken by him is that no show cause notice was served upon him in violation of the principles of natural justice. The further grounds taken by the learned Advocate for the petitioner is that the fundamenta......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ...... on 28‑8‑88. On demand the accused petitioner did not return the signed blank paper to the complainant. It has been alleged that the complainant learnt that the accused petitioner created a false document on the said signed paper. 3. The learned Magistrate examined complainant on solemn affi..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ment), it was observed by their Lordships that the profession of lawyers is an essential and integral part of judicial system and the lawyers may figuratively be described as priests in the temple of justice. They have special interest in preserving the integrity and independence of the judicial sys...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
.... The High Court Division, however, considered the tender age of accused and nature of offence they have committed and on careful analysis came to a finding that considering all the aspects, ends of justice would be met if the sentence awarded to accused Ripon and Hanif is commutated to imprisonmen......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....r of the High Court Division, thereon consideration of the tender age of the petitioners and that they are first offenders and the recovery of the victim immediate after the occurrence, ends of justice would be best served if the sentence of life imprisonment awarded to the petitioners may b......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...Category: Criminal Law | Date: | Hits: 70
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... pre-emptor to prove his case. As soon as the pre-emptee exhibited the certified copy of separate khatian, Exhibit-'Ka' the onus shifted to the pre-emptor to prove that Exhibit 'Ka" was not a genuine document. The pre-emptor also miserably failed to prove that the khatian was not separated after com..Category: Property Law | Date: | Hits: 58
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......en statement contended similar facts as stated by defendant No.1 adding further that he has been living in the suit property from 1974. The plaintiffs by claiming ownership of the suit property got a document signed by the defendant admitting him as their tenant. When defendant No.1 wanted to give l..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....conveyance in favour of the contesting defendant Shamsul Haque based on misreading and non-consideration of the evidence and misconception of law committing an error of law occasioning failure of justice. (ii) Whether the High Court Division wrongly accepted the lower appellate court's misre......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....the days spent wrongly in a wrong forum caused by a genuine mistake on the part of the lawyer which may be caused due to the mistaken view of the law and, therefore, the delay be condoned for ends of justice and the appeal be ordered to be registered. 7. This rule is contested by opposite party A...... of the recommendation of that commission and, therefore, the claim was not fully accepted and it was pleaded that the suit be dismissed. 12. The Court found that the defendant did not produce any document in support of their claim though they have filed written statement and cross examined the w..Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....inity. 5. Mr. Gholam Rabbani, the learned Advocate appearing for the pre‑emptor petitioner, submits that both the Courts below committed an error of law in their decisions occasioning failure of justice in dismissing the pre‑emption case on the ground that the transfer was not pre‑emptible ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....by the learned Advocate for the appellants that the defence case has not been considered by the learned Sessions Judge side by side with the prosecution case and this has resulted in a miscarriage of justice, let us see how far this is correct and tenable. In reply to the above grievance of the lear......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....bank that the advantage of the exemption of loan and payment of the reassessed amount should have been made within 6 months without fail and further held that the trial Court for the sake of securing justice rightly decided that the amount assessed by the head office of the plaintiff-bank was due fr......loan, but the predecessors of the respondents did neither make any repayment nor adjusted the deficit of the previous loan amount. Kalipada Saha and Brojendra Kumar Saha executed the charge and other documents like balance confirmation D.R Note, letter of arrangement, pledgement sheet credit facil..Category: Civil Law | Date: | Hits: 55
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