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Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
.... on 9th January, 2001 without paying compensation in respect of the acquired land, that compensation in respect of the acquired land having not paid the writ petitioners served legal notice demanding justice on the writ respondent No.3 but received no reply. 4. It is the contention of the writ pe.......1 acres of land of C. S. Plot Nos. 15, 16 and S. A. Plot Nos. 2615, 2616 and they as owners of the land on 16. 11. 2006 received notice under Section 7. She further mentioned that they submitted all documents before the L.A. Section filed on 23. 11. 2000 in Case No. 15/1999-2000 (Annexure- “D-1â€..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....n that the accused appellant petitioner is the author of the forgery there appears to be good ground in the appeal for which the appeal is required to be registered and heard on merit for the ends of justice. 4. Mr. SB Barua, the learned Advocate, appeared on behalf of the State. 5. Heard th......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184...Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
.... a tenant has to make a personal tender of the rent before making remittance through postal money order and thus fell into an error of law resulting in an error in the decision occasioning failure of justice. 4. Section 19(1) of the Premises Rent Control Ordinance provides for deposit of rent by ......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...Category: Property Law | Date: | Hits: 78
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
..../109 of' the Penal Code against the appellants have not been proved beyond all reasonable doubt. The fact of non‑examination of material and trustworthy witnesses, has resulted in mis‑carriage of justice, that the defence version did not receive due consideration by the learned mal Judge. The le......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e agreement and thereby they are not bound by the terms of the agreement. It appears from the materials that the petitioners were also not given a reasonable opportunity of being heard though natural justice demands that no man should be condemned unheard unless this statutes excludes the operation ......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....ablishing the same by expert's opinion after examination and comparison of the LTI of the executant Nihar Bala by a finger‑print expert which the defendant petitioners want to do in the interest of justice. He further submits that it is true that the learned Subordinate Judge is quite competent un...... No.1 Nihar Bala appearing on two sale‑deeds 29.6.88 executed and registered by her in favour of the defendant‑petitioner along with some other LTIs of the said Nihar Bala appearing in some other documents filed in the Court in connection with the present suit. 2. Short facts relevant for dis..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....upon the defendant‑petitioner of the Miscellaneous case and illegally set aside the impugned ex parte decree and restored the suit to its file and number and as a result there has been a failure of justice. His next contention is that in the instant suit, service of summons was duly effected in fu......earance to contest the suit; hence, the same was taken up for hearing ex parte on 29.10.81. Accordingly the learned Munsif examined the plaintiff‑ petitioner on oath and admitted into evidence some documents filed by the plaintiff and thereafter on consideration of the same decreed the suit ex par..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....ave in time which was duly received by the petitioner. His absence was not unauthorised. He finally alleged that the dismissal was arbitrary, motivated and absolutely against the principle of natural justice and the order of dismissal was liable to be set aside. The petitioner appeared before the La......ur Court, Chittagong reported in 31 DLR (AD) 119 wherein the Appellate Division held that the High Court Division was not wrong in interfering with the finding of the Labour Court on the basis of the documents and certificate before it. The Appellate Division held: "In the instant case the findin..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....etitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted in failure of justice. Hence the impugned order should be set aside so far as it relates to the amendment of the p...... is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts relevant for disposal of the Rule..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....t subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears to have exercised jurisdiction resulting in an error in the decision occasioning failure of justice." The learned Advocate referred to the provision of Order 43 rule 1 (a) of the Code which...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....gross irregularity, if not illegality as well in the matter. As the accused persons were tried in absentia and they did not get any opportunity of cross‑examining the witnesses, I think for ends of justice, the case should go on remand for retrial to the Special Tribunal, specially in view of the ......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
...... opposed to the installation of the present Caretaker Government which is evident from his interview with the correspondent of British Broadcasting Corporation on 2.12.90 and 3.12.90 and the relevant documents as mentioned by Radio Bangladesh and the relevant document are annexed therewith and marke..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......laintiff Ext 3 Jha (৩ ঝ) copy of letter issued by RAJUK on 19.8.82 granting permission to transfer suit and Ext. 3 Niya (৩ ঞ). 11. On consideration of the evidence on record both oral and documentary the Court below arrived at the following findings and conclusions: 1. That the suit i..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....ved at the positive finding that the Miscellaneous case is barred by limitation. He further submits that the learned Assistant Judge erred in law resulting an error in the decision causing failure of justice in allowing the Miscellaneous case. Mr. Abdus Satter, the learned Advocate for the opposi......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
.... petitioner Mr. Mujibur Rahman Talukder, the learned Advocate for the petitioners, urged that the learned Munsif committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the application for dismissal of the suit as being barred by res judicata. Acco......de in the plaint, the suit is barred by any law. In exercising this power the Court can look into the statements of the plaint only. It cannot consider any fact stated in the written statement or any document produced by the defendant. I have carefully perused the statements made in the plaint. Ther..Category: Property Law | Date: | Hits: 80
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
..... Consequently, we set aside the judgment of the trial Court and decree the suit. In the facts and circumstances of the case a decree for Taka 5,000.00 (Taka five thousand) only will meet the ends of justice and will vindicate the grievance of the plaintiff. Accordingly the suit is decreed to the ex......any damage whatsoever by that petition. So he is not entitled to any compensation as claimed in the suit. 8. The learned Subordinate Judge on consideration of the materials on record both oral and documentary dismissed the suit. Being aggrieved by that the plaintiff preferred this appeal before t..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....he same must be exercised in a judicial manner. I am, therefore, of the opinion that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 4. The Rule is thus made absolute and the impugned order s......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ...... 'Capri' both for toilet soap and washing soap. In that application the respondent No. 1 stated that this mark 'Capri' was being used since 1983 for both the soaps. From the annexure 'F' which is the document of the respondent No. 1 himself Mr. Asrarul Hossain submits that the respondent No. 1 decla..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....sistant Judge committed in error of law in refusing to allow the documents produced in the Court by the petitioner as exhibits and in the facts and circumstances this decision has caused a failure of justice in the case. He has also submitted that the appellate Court has refused to exercise his own ......led by the opposite party were directed to be heard analogously and on 22.3.90 the opposite party commenced the examination of her witnesses in the aforesaid suits and it was found that some material documents produced by the petitioner were not marked as Exhibits. Thereupon on 28.3.90 the petitione..Category: Family Law | Date: | Hits: 230
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