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Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... the impugned notice was without jurisdiction. It is further contended that a copy of the inquiry report was not attached with the notice and hence the notice is in violation of principles of natural justice. 4. In a supplementary affidavit filed by the petitioner it is further contended that the......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....he evidence and as such the finding of fact arrived at by the Court of appeal below cannot be said to have suffered from any error of law resulting in any error in the decision occasioning failure of justice. The original deeds of agreement were produced from the custody of the defendant No.1 and th......r the agreement for getting back the suit land on receipt of a sum of Tk. 1500.00 from the defendant No.1 and made over the two original agreements with endorsement made on the back of the respective document signed by plaintiff No.2. 3. The trial Court framed the following issues: 1. Is the s..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ul Huq also argues that both the defence case and the prosecution case should have been placed in a juxtaposition so that both the cases could receive equal consideration in order to meet the ends of justice. That being not done, the order of conviction and sentence as passed by the learned Addition......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....l liability and as such the accused petitioner should not be harassed by a futile trial in a Criminal Court and in that view of the matter the proceeding of the case should be quashed for the ends of justice. It may be pointed out that the learned counsel for the petitioner has made no grievance aga......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....the children will be ruined. 10. In the facts and circumstances of the case, we are of impressed by the said submissions of the learned Counsel for the appellant. We are of the view that ends of justice will be best served if upholding the conviction of sentence is reduced to 3 (three) months s......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...Category: Family Law | Date: | Hits: 185
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....etitioner transposing her as plaintiff from the category of defendant for effectually and completely to adjudicate upon and settle all the question involved in the suit which caused no failure of justice to the defendant-respondent; that the petitioner is the wife of deceased plaintiff and she i...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
.... written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the defendant No.1-appellant causing miscarriage of justice and as such, the High Court Division erred in rejecting defendant's application filed unde......uired for the purpose has been alleged and had not adduced any evidence or cither persuaded or suggested to the Court to frame any issue on such belated allegations nor the defendant produced any documentary evidence to show that she entered into a contract with that Creative Properties Limited ..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......are Purchase Agreement, in buying back of the shares; under no circumstances can the share purchase agreement and the buy-back agreement also being different parties, can be deemed to be the same document and that if the appellant No.2 and the other Directors desired that their respective buy-ba..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
.... of forgery against them and as such the criminal proceeding is an abuse of the process of the Court which is liable to be quashed under section 561A of the Code of Criminal Procedure for the ends of justice. 11. Now let us see whether Section 195(1)(c) Cr.P.C. stands as a bar against the trial o......ent of the petitioners from the said premises. With a view to grab the suit premises, the petitioner No. 1 in collusion with some of the employees of the DLR Office at Tejgaon, secretly tampered with documents and inserted the name of one Rasamoy Das as the real owner of the property in place of the..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......dgment and decree passed by the learned Munsif. 6. Mr. Nizamuddin Haider, the learned Advocate for the appellants has taken me through pleadings, the impugned judgments of the Courts below and the documents and other evidence on record. It is admitted that the suit lands are recorded in the khati..Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....Serajul Huq also argues that both the defence case and the prosecution case should have been placed in a position so that both the cases could receive equal consideration in order to meet the ends of justice. That being not done, the order of conviction and sentence as passed by the learned Addition...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......967, that the lease of the ground floor to the Shilpa Bank was given by the appellant, rent of which was paid in the joint account of the appellant and respondent, that the respondent proved no other document except the letter of authority Ext. 1 in support of his case of licence, that the Municipal..Category: Property Law | Date: | Hits: 110
....hip and as such the same could not be attached. The learned Advocate for the petitioner failed to show any error of law resulting in an order in the decision of the Court below occasioning failure of justice.
11. While dealing with nature and effect of Charter party Scratton in his book on Charte......he vessel, who had no control over the ship MV Regent Ranger at the time of attachment of the ship.
7. Both the parties examined only one witness each in support of their respective case and filed documents which were marked exhibits. After considering the oral as well as the documentary evidence..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
...... up and also for an order for payment of admitted liability of the respondent till realisation of the same from the respondent company with interest. In support of the claim of the petitioners some documents have been annexed with this application.
5. On 15th November, 1988 this application cam..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning failure of justice in not noticing that the petitioners were not impleaded in Title Suit No. 5 of 1959 in their...... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....Court it cannot be said that the suit was not maintainable in that Court. There was no illegality on the part of the Court of appeal below resulting in an error in the decision occasioning failure of justice in allowing the appeal. We have noticed from the lower Court's record that the defendant pet......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....n accepting the valuation given by the plaintiffs. Even if it is conceded that the Court below acted irregularly in the exercise of its discretion it cannot be said that there has been any failure of justice by the impugned order. 11. After the amendment of section 115 of the Code of Civil Proced......considering the valuation position of the land shown in the five sale deeds produced by the plaintiff in the Court below for deciding the issue regarding valuation. Had the Court below considered the documents then he should have raised the valuation to above Taka three lacs. He further submitted th..Category: Civil Law | Date: | Hits: 94
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
.... an appeal. It must be confined within the four corners of Order XLVII of the Code of Civil Procedure. In the instant case, non‑fixation of proper points for determination has caused miscarriage of justice. 11. Mr. JN Deb, the learned Advocate for the plaintiff petitioner nextly submits that th......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
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