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Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....in the facts and circumstances of the case, the impugned order cannot be interfered with by this Division in exercise of its power inasmuch as by the order complained of, in my opinion, no failure of justice has been occasioned. Order 8 rule 1(2) empowers a defendant to put a document in evidence in......rfered with by this Division in exercise of its power inasmuch as by the order complained of, in my opinion, no failure of justice has been occasioned. Order 8 rule 1(2) empowers a defendant to put a document in evidence in support of his defence or claim, although he did not file the written statem..

Category: Property Law | Date: | Hits: 79

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....t in any view of the matter the petitioner having not been given the opportunity to cross‑examine the witnesses on the basis of whose deposition the punishment was awarded, the principle of natural justice was violated and on that ground also the punishment is unauthorised. 7. Mr. Moksudur Rahm......rred from sitting for the SSC Examination for the years 1989 and 1990. It is the further case of the petitioner that he was never asked to appear before any Inquiry Committee and he was not shown any document and the names of the witnesses were not disclosed to him nor even the names of the members ..

Category: Civil Law | Date: | Hits: 159

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

....Judge of the High Court Division without considering this aspect of the case has set aside the judgment the lower appellate Court illegally resulting an error in the deci­sion occasioning failure of justice. II. For that regard being had to the fact that the lower appellate Court on reassessing ......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ..

Category: Property Law | Date: | Hits: 87

Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......espect of the suit land. The learned Counsel further submitted that the plaintiff having raised their claim on the basis of a decree of a specific performance of con­tract and they having obtained a document by filing an execution case but they having not given possession of the suit land in view o..

Category: Property Law | Date: | Hits: 50

Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)

....and acknowledge­ment thereof by the plaintiff and hence wrongly observed that the plaintiff was not given any opportunity of being heard and arrived at an erroneous decision occasion­ing failure of justice, which need be inter­fered with. 10. Considering the facts and circum­stances of the ca......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ..

Category: Employment/Service Law | Date: | Hits: 55

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

....rs­ing the finding of the trial Court decreed the suit and the High Court Division rely­ing on the discussions of the Appellate Court below arrived at an erroneous deci­sion occasioning failure of justice and hence prays for an interference by this Court. 9. We have considered the submissions ......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...

Category: Procedural Law | Date: | Hits: 57

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....n without considering the evidence of this particular witness the learned Subordinate Judge committed a serious error of law resulting in an error of decision which was in turn followed by failure of justice. 12. Dr. Rafiqur Rahman, the learned Advocate appearing for the opposite party, on the ot......the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not binding upon the plaintiff and also for cancellation of the said document. 3. The case of the plaintiff before the learned Assistant Judge was that he acquired th..

Category: Property Law | Date: | Hits: 87

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....w that the case being started on the basis of a judicial inquiry, this section has no manner of application to this case. The impugned order is palpably illegal and it has caused gross miscarriage of justice. It should therefore be set aside in the interest of justice. In the result, the Rule is ......ntion to section 241A Cr.P.C. which runs as follows: "241A. When the accused appears or is brought before the Magistrate and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate ..

Category: Criminal Law | Date: | Hits: 98

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......udgment of the Court of Settlement as at Annexure F shows that such was taken by the respondent No.1 at the Court of Settlement and the Court of Settlement found the deed of agreement to be a genuine document and proceeded to decide this case on this basis. This finding of fact that this deed of agr..

Category: Property Law | Date: | Hits: 89

Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)

....d and the Chairman's order was upheld. Sd/Deputy Secretary (P)”. This is the impugned order which is annexed to the petition and marked as Annexure 'H'. The petitioner sent a notice demanding justice through his lawyer, and the respondent having not complied with the demand he was constraine......has relied on the Government Servants (Discipline and Appeal) Rules 1984 in his review petition and in his appeal to show cause that the proceedings against him were illegal. So, although there is no document to show that the Corporation formally adopted the Government Servants Rules of 1984 they we..

Category: Employment/Service Law | Date: | Hits: 177

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....a time when he was already in jail custody, is sufficient compliance of section 167 Cr.P.C. and the Magistrate lawfully allowed remand of the accused for the sake of investigation in the interest of justice. Section 167(1) and (2) Cr.P.C. provides as under: “167. (1) Whenever any person is ......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...

Category: Criminal Law | Date: | Hits: 87

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....cope of rule 18 of the Order 41, the petition for restoration is liable to be treated as one under section 151 of the CPC. The order of dismissal of Misc. Case No.26 of 1988 has occasioned failure of justice. 7. In reply to this contention the learned Advocate appearing for the opposite party sub......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..

Category: Procedural Law | Date: | Hits: 74

Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

....eferred to in the plaint which was necessary for filing written state­ment. A defendant is entitled to inspection of the documents referred to in the plaint. The order impugned has led to failure of justice. 5. Accordingly, the impugned order is set aside and I direct the plaintiff to produce th...... J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application filed under Order 11, rule 15 for a direction upon the plaintiffs to file the document referred to in the plaint in Court for inspection of the defendants. 2. The plaintiff in..

Category: Property Law | Date: | Hits: 55

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567....... second wife died on 21st Sraban 1329 BS and the said first wife died on 21.1.1972 and she had enjoyed his properties till her death. Plaintiffs alleged kabala dated 1.4.57 is a forged and fabricated document. If it is found that Parash Chandra Biswas really executed sale deed dated 1.4.57 in favour..

Category: Property Law | Date: | Hits: 78

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

....stant Judge did not take notice of this. He has failed to exercise his judicial discretion properly and has thereby committed an error of law resulting in error in his decision occasioning failure of justice, in not rejecting the plaint. The impugned order refusing to reject plaint of the suit is th...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..

Category: Civil Law | Date: | Hits: 104

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

.... because he had not passed physics paper of BSC Part-I Examination. The petition impleading only principal and the state government was allowed on the ground of violation of the principles of natural justice. In the subsequent writ petition by the same student against order of the Registrar of Unive......the Act or the contract mentioned in the non-obstante clause. It is equivalent to saying that inspite of the provisions of the Act or any other Act mentioned in the obstante clause or any contract or document mentioned the enactment following it will have its full operation or that the provisions em..

Category: Property Law | Date: | Hits: 93

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

.... sus­tained in law and whether the conviction and sentence has been passed on the basis of inadmissible evidence and that the impugned judgment and order, therefore, needs to be reviewed for ends of justice. 8. We have heard the learned Advocate for the appellant and perused the impugned judgmen......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ..

Category: Criminal Law | Date: | Hits: 89

Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)

....ision based on surmise, conjecture and extraneous circumstances for which the findings are liable to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in discharging the Rule without considering the materials on record. The learned Advocate-on......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: 16 MLR (AD) (2010)149...

Category: Civil Law | Date: | Hits: 94

Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)

....ding the suit and at this revisional stage the prayer for remanding the appeal to the lower appellate court to fill up the lacuna can not be allowed as the same would amount to serious miscarriage of justice so far as the plaintiff is concerned. I am therefore not impressed by the submission of the ......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...

Category: Property Law | Date: | Hits: 54

Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)

....nvest these two industrial units by giving 51% and 49% shares of the said two companies to the said corporation respondent No.3 and the general public respectively. Upon sending a notice of demand of justice on 21.06.1987 the appellants challenged the impugned memo dated 27.05.1987 and the appellant......holders have been rejected. Appellant No.1 filed further applications dated 23.02.1978 and 18.07.1978 on receipt of which the Ministry of Industries by memos dated 21.10.1978 and 31.08.1979 asked for documents in proof of nationality of the shareholders. In the meantime M/S. Bella Artifitex Industri..

Category: Business or Commercial Law | Date: | Hits: 195