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Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e impugned judgment and order of the High Court Division and other papers on record. 8. The main reasoning of the courts below in decreeing the suit was that the defendants could not prove their document by bringing the volume in respect of the said deed. It appears that in pursuance of an appl..Category: Property Law | Date: | Hits: 71
....uthorized representative appeared before the Commission and his submission was heard. Therefore, the High Court Division does not find that the impugned order is opposed to the principle of natural justice. Section 152D authorize the Commission either to accept or reject the application if it is s......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....nd ceremonial occasions as well as for all purposes of the Government, it has lowered them down to the estimation of the people. It is necessary for them in the public interest and in the interest of justice to be seen to be of a rank sufficient to command obedience to their judgments and orders. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
....istan Ordinance and Rules made thereunder and as such the learned Judges of the High Court Division without considering this aspect of the case dismissed the appeal illegally occasioning failure of justice.
21. He further submits that the High Court Division failed to consider the possession of......above, it appears that the petitioner failed to prove his title to suit land. The findings of the trial court and the High Court Division are based on proper assessment of the evidence, both oral and documentary, and as such no interference is called for.
We find no substance in this petition whi..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....t, or where the approach of the High Court Division is basically wrong, or important and crucial evidence has been overlooked or wrongly appreciated or misread in arriving at the finding leading to injustice, or involves an error of law or relied on inadmissible evidence, or where the finding of fac......1st October, 1992 as genuine one. The learned Judges further held that section 47 of the Registration Act, 1908 would not be attracted in this case, inasmuch as, in order to attract section 47, the documents must be at par and on the same footing and that as such, the trial Court correctly found t..Category: Procedural Law | Date: | Hits: 76
.... least the vested property cell so that no other citizen should be harassed in the name of law which has already dead.
Let copy of this judgment be sent to the Hon’ble Minister, Ministry of law, justice and parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
......69 on 23.3.1974, no further Vested Property case can be started thereafter on the basis of the law which is already dead.”
14. It appears that, defendant only produced only one file and no other document. It appears that defendant tried to treat the suit property as enemy property first time in..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
....rocess to place his case with the definite intent to evade and avoid such process. He is, therefore, and for want of any other overriding evidence to the contrary, to be deduced to be a fugitive from justice. It is also this Court’s deduction from the above that in the present facts and circumstan...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....it appears that it is necessary to avoid future complication. In the result, I find that the learned Assistant Judge committed an error in law resulting an error in the decision causing failure of justice by refusing the prayer for local inspection. Therefore, the Rule is made absolute without co......of Dhaka city was of no legal effect and that defendant OP No.1 has not acquired any title over the land described in schedule to the plaint. In the body of the plaint it was further alleged that the document had been obtained by OP No.1 from OP No.2 by undue influence and the same has never been ac..Category: Property Law | Date: | Hits: 80
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ent and the Court issued notices on the petitioner and the Government fixing the date for hearing of both the cases with a direction upon the Government to file written statement along with necessary documents and papers in support of their respective cases. The respondent‑Government neither filed..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....said party by filing the money suit before a competent court of jurisdiction and the title of the said property being disputed and claimed in a suit the said suit ought to have been heard for ends of justice and that Money Suit need be disposed of first otherwise the suit would be infructuous and if......unsel argued that the whole proceeding is malafide and a nullity because he had been given no due opportunity under the law more favourable to an accused. He further submitted by reference to certain documents that in the instant case the accused had not been examined under section 161 of the Code o..Category: Criminal Law | Date: | Hits: 125
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation of the licences of g......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....continues to urge that this aspect of the matter escaped the notice of the 1st appellate Court and thereby the Court committed error in law which resulted in erroneous decision occasioning failure of justice. 9. In reply to this contention, Mr. Mansur Habib, the learned Advocate appearing for the......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....ence and we have no hesitation to hold that he has committed contempt under the Contempt of Courts Act. The authority of the Court has been undermined and k public confidence in the administration of justice shaken. This cannot be allowed. 16. We now come to the question of sentence for committin......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
....e was not justified in reversing the decision of the learned trial Court and in doing so, the learned District Judge committed an error of law resulting in an error of decision occasioning failure of justice.
10. A perusal of the judgment of the learned trial Court shows that the learned trial Co......signatures on a piece of blank stamp paper which was subsequently converted by the plaintiffs into the bainanama. It is true that the learned trial Court was justified in observing that since on this document the defendant Nos.1 and 2 admitted their signatures, the onus is very heavy on them to esta..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... well as of fact involve as in the present case and framing and disposal of issues of law alone causes serious prejudice to the other side, such framing of issues cannot be ordered in the interest of justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relatin......e removed from Trusteeship of the Gakul Chandra Roy Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete account..Category: Procedural Law | Date: | Hits: 62
....tory judgment such as is required by law.
6. In my opinion the judgment of the lower appellate Court is a slipshod judgment and the Judge has committed an error of procedure occasioning failure of justice. Accordingly. I set aside the judgment and decree passed by Subordinate Judge and Commercial......t No.211. He is the owner of 67 acres of land by purchase and inheritance and has been enjoying the possession thereof. So the plaintiffs have got no tide.
4. After considering the oral as well as documentary evidence in support of the possession of the plaintiffs the trial Court came to a defini..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....on relying on a series of decisions of the superior Courts and we also appreciate Mr. Shamsul Alam, the learned Deputy Attorney‑General, for his anxiety to assist the Court in the administration of justice which finds expression from his candid admission of the inherent weakness and infirmities of......nst them. It is directed that the condemned prisoners 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) 83. ..Category: Criminal Law | Date: | Hits: 110
....ed loss to the petitioner which needs determination in accordance with law. The petitioner further stated that without determining the amount of dues filing of certificate is against the principle of justice and violative of the fundamental rights of the petitioner and prayed that pending determinat......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....wing that initiation and continuation of the criminal proceedings against the accused‑petitioners for such an unusually long period is an abuse of the process of the court and to secure the ends of justice the proceeding is required to be quashed. The first and moot point placed before this court ...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
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