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Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....bail to these appellants. (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our Constituti......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....nd for fear of life and safety she could not make any tadbir and whatsoever she made was of no result and it is prayed that the matter be inquired and investigated properly so that she can get proper justice for the murder of her husband and the named person in the First Information Report is named ...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......annexed hereto and marked as Annexure D1 and E respectively. 6. The family of Syed Musaheb Ali is of Syed Musaheb Ali is bilingual and they migrated from Calcutta in 1947 9. Petitioner submitted documents and settled at Patharkhola, Patina. Later on he came and started living at Dhaka since 196..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....ore the Respondent No.1 on 20.12.84 through proper channel. Thereafter petitioner getting no reply submitted reminders time without number for disposal of the appeal but of no avail. At last he got a justice demand notice issued on 27.6.87 but it also received no response. The true copy of appeal da......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... and as the Appellate Division allowed return of plaint in an Admiralty Suit under section 151 read with sections 117 and 141 of the Code of Civil Procedure in the above judgment, I feel that ends of justice will be met if the plaintiff in the present suit is allowed to take back the plaint with lib......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....g to the plaintiffs from acquisition and has also ordered for gazette notification of the same. The learned Advocate has submitted that in the circumstances the Appellate Division, for doing complete justice under Article 104 of the Constitution, can take into consideration this fact of release of t......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....o state the offence or those particulars, shall be considered at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice." Section 535 of the Code is to the effect that no finding or sentence pronounced or passed ......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
.... the work at his own cost, the award was without jurisdiction and a nullity and so the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in making the award a rule of court. In this connection Mr. Abdul Quiyum, learned Deputy Att......ioner (Government of Bangladesh), has challenged the award as being without jurisdiction and a nullity on the ground that the arbitrator went beyond provision of Clauses 25, 27 and 31 of the Contract document under which it was the liability of the contractor to take every precautionary measure agai..Category: Alternative Dispute Resolution | Date: | Hits: 147
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
.... Assistant Judge erred in law in passing the impugned order illegally and arbitrarily ignoring the provisions of Order 11 rule 21 of the Code of Civil Procedure and the same has occasioned failure of justice. 7. No one appears to oppose the Rule. 8. Mr. Akram Hossain Amin has placed before me ......d the plaintiffs have no right and possession therein. It was further alleged that the plaintiffs filed the present suit on false and frivolous allegations basing their claims on false and fabricated documents. 4. It appears that the defendant petitioners filed written statement in the suit on 5-..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....ppellate Court has not considered the evidence of the witnesses excepting the evidence of D.W.2 but such non consideration in the facts and circumstances of the case has not occasioned any failure of justice. 11. The plaintiff as P.W.1 has deposed that Alek Jan sold her share to one Sultan Patwar......tances of the case has not occasioned any failure of justice. 11. The plaintiff as P.W.1 has deposed that Alek Jan sold her share to one Sultan Patwary and Aftab Patwary about 30/35 years back. No documentary evidence has been produced nor any witness was examined to show that Alek Jan ever trans..Category: Property Law | Date: | Hits: 65
.... any of the eight witnesses examined by the contending parties and on misconstruction of CS Khatian Ext. 1 and 1(a) and the same has resulted in error in the impugned decisions occasioning failure of justice. The learned Advocate further submits that in the face of the consistent and overwhelming ev......intiff has no right, title, interest and possession therein.
5. At the trial, the plaintiff examined five witnesses and the contesting defendants examined three witnesses and exhibited a series of documents in support of their respective cases.
6. The learned Subordinate Judge by his impugned ..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ies. The only and the limited question that this court is called upon to decide is whether the family court has committed any error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint of Family Case No. 27 of 1996. 18. Here in this case we are d......by examining D.W. At the time of filing of the plaint, the plaintiff filed an attested photo copy of the kabinnama and prior to the recording of deposition did file through a firisti all the relevant documents and papers mentioned in the plaint and that only for the failure of the plaintiff to annex..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....dence will be sufficient to prove the marriage when the plaintiff failed to prove the kabinnama in accordance with law” or that “the law of restitution of conjugal rights is a violation of social justice as enunciated in the preamble of the Constitution and under Article 27 for the equal protect......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
.... learned District Judge erred in law in allowing Miscellaneous Case No.14 of 1995 under Order 9 rule XIII of the Code of Civil Procedure in a most casual manner and the same has occasioned failure of justice. 9. Mr. Nikhilesh Dutta, the learned Counsel appearing for the opposite parties, on the o......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....trying to grow boro paddy in the suit land and under such circumstances the learned District Judge came to the finding that in such view of the matter, appointment of a receiver will meet the ends of justice in this case. 15. There is no bar in rule 1 of Order 40 CPC for appointment of a receiver......n being surrendered under the provisions of the State Acquisition and Tenancy Act vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are collusive ones and not according to the provisions of law. 3. The suit ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......also smuggled goods and the same were neither imported nor purchased as alleged and the plaintiff could not produce any receipt, voucher or account books at the time of seizure and receipts and other documents alleged to have been produced before the customs authorities were fabricated and manufactu..Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....ly erred in law in passing the impugned order without applying his judicial mind into the facts and circumstances of the case and the law bearing on the subject and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellant petitioner......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ion of an inexecutable decree, the learned Subordinate Judge erred in law in refusing relief to the petitioners under section 151 of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law i......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
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