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Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....hout considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committed an error of law resulting in an error in the decision occasioning failure of justice." 6. It appears from the record that Margina Khatun, one of the daughters of Abdul Hakim ......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ivision feels to exercise its writ jurisdiction there must have been good and sufficient reason to by pass the alternative remedy provided by the statute. The writ jurisdiction is meant for doing justice where it can not be done in any other forum. 8. This Court on repeated occasions argued t...... Islam there and on query he told that the writ petitioner Md. Enayetur Rahaman was the owner of the said vehicle. The law enforcing agencies thereupon directed the writ petitioner to produce legal documents in support of the ownership of the said vehicle imported by the Member of Parliament Harun..Category: Anti-Corruption Laws | Date: | Hits: 214
....ated on the basis of survey conducted at the shore tanks.
13. It is a clear case where the Courts below have committed an error of law resulting in an error in the decisions occasioning failure of justice and, as such, this Court under its revisional jurisdiction is inclined to interfere with the......port of delivery and such a shortage cannot be calculated on the basis of survey conducted at the shore tanks. He next submits that the Courts below completely misread and non-considered the oral and documentary evidence on record and passed the impugned judgments which are not sustainable in law. H..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....th those deadly weapons, decamped and within a few hours the victim succumbed to the injuries and the above acts clearly show their common intention of causing death of the victim but however ends of justice will be met if the sentence of death awarded to accused Bara Shahadat, the respondent Jony a......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....rials on the record came to the conclusion illegally in holding that they found no cogent ground to interfere with the judgment and order of acquittal passed by the trial Court occasioning failure of justice. The learned Advocate further submitted that the revision petition upon which the Rule has b......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: 19 BLT (AD) (2011)135...Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... Court excluding the costs awarded and also to deposit the transfer fee to RAJUK. g) Any other or further order or orders, relief or reliefs the plaintiff may be entitled to get in law, equity and justice. 9. Schedule of the land given in the plaint is same as of the notification published in ......bits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of Nationa..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541....... could not be evicted from the suit land. 9. In support of their case plaintiffs examined six (6) P.Ws. including husband of plaintiff No.2 as P.W.1 and their borgader Tyeb Ali as P.W.6 apart from documentary evidence Ext. Nos. 1 to 11. Contested defendants also in support of their case examined ..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
.... the plaintiff may reasonably apprehend serious injury by the instrument being left outstanding, and (iii) in the circumstances of the case the Court considers it proper to grant relief of preventive justice. Relief as to cancellation of instrument is founded upon administration of protective justic......t Municipality area at a consideration of Tk.95, that the findings of the trial Court regarding the price of the suit land was not acceptable and that since the plaintiff proved his title by adducing documentary evidence, he was not required to prove title by oral evidence. These observations are ba..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....er originates from two sources; firstly, is the public acceptance of the authority or pronouncement of the judiciary, and secondly, the source is the integrity of the judiciary. The very existence of justice delivery system depends on the judges who, for the time being, constitute the system. The ju......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
.... The sanctioning authority is placed somewhat in the position of a sentinel at the door of criminal Courts in order that no irresponsible or malicious prosecution can pass the portals of the Court of justice. It is, therefore, essential that persons charged with the responsible duty of granting sanc......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....in 1983 long after 5 years as such the case was barred by limitation. He finally submits that the judgments and orders passed by the Courts below resulted in an error of law occasioning failure of justice and as such those are liable to be set aside. 9. None appeared for the opposite party N......se was barred by limitation? 3. Whether the case was bad for defect of parties? 4. Whether the petitioner was entitled to the relief as prayed for? During trial both parties adduced oral and documentary evidence to substantiate their respective case. 6. Trial Court hearing the parties a..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
.... evidence on record and by non consideration of the material documentary evidence came to a wrong and fallacious finding in reversing the Judgment and decree of the trial Court occasioning failure of justice which is liable to be interfered by this Court and hence, the rule should be made absolute. ......ment and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record papers and documents and exhibits dismissed the suit of the plaintiffs by his Judgment and decree dated 07.09.0..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... point the contention of the learned Attorney‑General Mr. Aminul Huq was that framing of charge does not depend on the FIR and charge sheet alone but also on such other materials available from the documents collected by the police during investigation and presented before the Court while the matt..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....t given a reason for rejecting the application, however sketchy it may be, and the reason is that there is "no legal basis" for adding the petitioners as parties. I do not think it will serve ends of justice if the case is sent to the trial Court on remand on this point alone. 21. Mr. Momtazuddin...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....inal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the process of the court or otherwise to secure the ends of justice. In the case of Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67 it has been d......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....because the plaintiff could not prove the possession in the suit land by adducing oral evidence. The lower appellate Court committed an error of law and come to a wrong finding occasioning failure of justice in not considering the possession of the defendant over the suit land which was the material......ree passed by the appellate Court below and thereby the rule was made absolute, observing, amongst others, that:- "On a meticulous examination of the evidence on record, exhibits, registered deed, documents and also the judgment of both the courts below it appears that the trial Court discussed t..Category: Property Law | Date: | Hits: 94
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... time of purchase of the said land Monsur Rahman took an amount of Tk. 45,000/- and Tk. 30,000/- as loan from the plaintiff. The said Monsur Rahman is the full brother of the plaintiff and as such no document was executed to the effect and inspite of repeated request Monsur Ahmed failed to pay the s..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....sion failed to consider that the convict respondent was a fugitive at the trial having knowledge about of the criminal cases against him, and he did not care to face the trial and kept himself out of justice and thereby disentitled him from any relief by way of quashmant the conviction and sentence ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
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