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Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
.... properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decisions occasioning failure of justice. 20. In the result, the Rule is made absolute without any order as to costs. The impugned......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....of the suit taking place owing to non‑substitution of the heirs of the deceased defendant, the trial Court has committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order inasmuch as the fact of abatement could not be overcome taking......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....not apply to the Government but more recently the courts have started retreating from that Position to a sounder one, namely, that the doctrine of promissory estoppel may apply to the Government when justice so requires‑ The second edition of American Jurisprudence brought out in 1966 in paragraph....... issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documents and papers and respondents have equally put in affidavits‑in‑opposition annexing pleth..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....vidence which has failed to connect the appellants with the crime. 37. The prosecution having failed to prove the case beyond reasonable doubt we find it not consistent with safe administration of justice to accept the reference of the trial Court for the confirmation of capital sentence of hangi......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......f institution of the suit in the Admiralty Jurisdiction although the plaintiff not only mentioned in various paragraphs of the plaint about his status but also substantiated his status, by filing the documents specially the Bill of Lading where from it appears that the same has been issued by the pl..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....the petitioner submits that the appellate Court without considering the documents in record and the evidence by the parties allowed the appeal resulting in an error in decision occasioning failure of justice; that the learned Assistant Judge being the trial Court of the suit came to the finding that......cted by the government and any person did not make claim at the time of survey; that nobody had paid rent against the said suit plot No.931 and the plaintiff at the time of survey did not produce any documents or deeds before the concerned surveyor. As per law there was no claim against the suit plo..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....ft out who are necessary parties in the suit. On that date plaintiff also filed another petition for withdrawal of the suit from the list of peremptory hearing and the learned trial Court for ends of justice allowed the prayers of the plaintiff subject to payment of Tk. 1000.00 as CP Costs and fixed......ent of a defendant and to place him in the same position as if he had not defended the suit, if the defendant fails to comply with an order to answer interrogatories or for discovery or inspection of document. Recourse to such a power being an extreme measure should be taken only after giving reason..Category: Procedural Law | Date: | Hits: 68
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....viewing the earlier order was maintainable. 16. The power of transposition as provided under Order 1 rule 10, sub-rule (2) of the Code of Civil Procedure should be exercised, for the ends of justice if is required to transfer from one side to another. On the other hand the r......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....t properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. 24. In the result, the Rule succeeds. The impugned judgment and order dated 3.02.2010 p......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......by the Ideal Life Assurance Company Limited as a probationer vide letter dated 2.7.1964 and was confirmed in his service vide letter dated 2.3.1965. He submitted the necessary certificate, papers and documents to his employer, including his matriculation certificate. The said Ideal Life Assurance Co..Category: Employment/Service Law | Date: | Hits: 58
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....5, Registrar of Joint Stock Companies and Firms issued show cause to Mr. Bo Sun Park. He subsequently submitted 3 AGM report and removed me from Managing Director which was ill-intention and it was injustice for me. Since Registrar of Joint Stock Companies and Firms proved this fake resignation as w......the impugned notice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a Company to furnish information, explanation, books, documents and papers under sub-sections (1) and (6) of section 193 of the Act in specified circumsta..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... share. It was decided that the murderer was not entitled to any part of the proceeds of the sale of the house as he would otherwise be benefiting from his criminal act. 14. Principles of natural justice are not inflexible and may differ in different circumstances. It varies with varying constit...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
.... of the Penal Code and against convict appellant No.2 under Section 161/109 of the Penal Code and the charges were read over to them to which both the appellant pleaded not guilty and demanded proper justice. 8. The prosecution examined 40 witnesses to prove the prosecution case and the defence......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ly arrested the petitioner and detained him at the Dhaka Central Jail by issuing an order of detention dated 24.3.92 under section 3 of the Foreigners Act, 1946; that the petitioner sent a demand for justice notice to the respondent No.1 (Annexure‑L) and thereafter challenged the order of detentio......istan did not allow any Bangladeshi citizen to leave Pakistan, that the petitioner tried to go to London in the month of March, 1972 for making contact with his family but failed to obtain any travel document in Pakistan and thereafter arranged a Pakistani passport to go to Haj in the month of Decem..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......cree for restitution of conjugal right cannot be executed in accordance with sub‑rule (5), rule 33 of Order XXI prescribed another type of execution for that and similarly a decree for execution of document or endorsement may be executed in accordance with rule 34 of Order XXI; but there is no oth..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... where the High Court Division if satisfied either (1) that an order passed under the Code would be rendered ineffective, or (2) that the process of any Court would be abused, or (3) that the ends of justice would not be secured, that the High Court can exercise its inherent power ex debitio Justiti......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
.... to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appeal ......he sole ground that father of the minors without obtaining any sale permission from the Court executed the baina patra on behalf of his minors and, as such, the baina patra in question is not a valid document in the eye of law and the Court of appeal below in its turn in disagreeing with the sole fi..Category: Property Law | Date: | Hits: 74
....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......any of the findings arrived at by the High Court Division. Admittedly Shahida Begum was the owner of the suit land from whom the defendants are claiming title. The defendants did not file their basic document by which they are claiming title to the suit land. They even did not give any explanation..Category: Property Law | Date: | Hits: 73
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