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....he Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period as it thinks proper."
Mr. Asraru......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ention of doing more harm than is necessary. 35. First of all throughout the defence case it was nowhere stated that any of the accused had any claim of right over the property on the basis of any document or otherwise nor there was any case or evidence that any of the accused party had any posse..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....section 24 of the Code of Civil Procedure for transfer of 4 title suits from the Court of Munsif, Nalchiti to any other Court on various allegations and apprehension that the petitioner would not get justice from the Court of the learned Munsif. Applications for transfer of the above suit were numbe......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......perties specified in the schedule of the agreement.
8. Plaintiff examined 2 witnesses and the defendant also examined 2 witnesses in support of their respective case. Both the parties adduced some documents and papers which have been duly marked as exhibits. After considering the materials on rec..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....te an order of arrest of the nature passed by the learned Subordinate Judge. The relevant portion of section 94 of the Code of Civil Procedure runs as follows: "94. In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed- (a) issue a warrant to arrest ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....ts case beyond all reasonable doubt and accordingly convicted and sentenced the condemned prisoner as aforesaid. 8. The condemned prisoner does not appear to have surrendered to the due process of justice after his abscondence and preferred any appeal against his conviction and sentence. In a ref...... submitted by the PW 6 Abdus Sobhan on 14.3.86 while he lodged the suo motu FIR on 3.1.86 and received the secret information on 15.1.86. 19. These are all the oral evidence on record, amongst the documentary evidence the prosecution proved the confessional statement of the condemned prisoner. Ex..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
.... delay and obviously the appeal was barred by limitation. Their Lordships on perusal of the Judgment of the Trial Court and the record of the case were satisfied that there was serious miscarriage of justice in the trial. 7. Hence in exercise of their jurisdiction under section 439 of the Code of......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
....Vs. Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280. In the case reported in 32 DLR 265 (as referred to by the learned Advocate for the petitioner) it was held that the Rules on natural justice must be read in the context of the statutory provision governing a particular case and that ...... held that when a positive allegation of misappropriation funds and commission of financial irregularities are made, the employer has a right to dismiss such worker from service it on scrutiny of the documentary and oral evidence the domestic tribunal recorded such a finding, but this decision has n..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....f as well as documentary evidence adduced by plaintiffs passed the impugned judgment on hypothetical and irrelevant consideration and the same has resulted in error in decision occasioning failure of justice. It is further submitted that the 1st appellate Court violated the principle laid down in Or......by filing written statement denying material allegation of the plaint contending inter alia that the pattan‑nama i.e. kabuliyat in the name of predecessor of the plaintiffs is forged and fabricated document; and Pear Ullah was not the owner of 0.30 decimals of land in plot No. 158 and as such by p..Category: Property Law | Date: | Hits: 60
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......his connection Mr. Bhuiyan submitted that the respondent Nos. 1‑3 had unfettered right to accept or reject any or all quotations without assigning any reason in terms of the provision of the tender documents itself and that neither the petitioner nor for that matter any of the bidders has any righ..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....(1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Invo......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....rts of the body which ultimately caused death. Accused definitely had the knowledge that such injuries as caused by them are likely to cause his death and ultimately Arun lost his life. But sometimes justice should blend with mercy. Considering all these aspects, in our view, justice shall receive i......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... submitted that though a contract cannot be specifically enforced in mandamus or even in certiorari there may be cases where this court would scrutinise the factual position and interfere for ends of justice. 15. The lawyers appearing for the Bangladesh Bank by reference to the affidavit‑in‑o......2 for pre‑qualification, the petitioner together with 3 other companies namely Aziz & Co Ltd., Shitatap Ltd. and Ali Automobiles Ltd. were pre‑qualified. The petitioner company brought tender documents from the office of the Bangladesh Bank and submitted it together with bank draft of Tk. 5...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....y, According to him, nobody has shown audacity to criticise the highest court in respect of cases pending before it other than Sheikh Hasina. He goes on saying that for securing the administration of justice, it is imperative that the orders of the Chamber Judge should be evaluated. It is also remar......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......e Government of Denmark being not a loan, the writ petitioner was not liable to pay back the long term loan. On the other breath, the High Court Division on construction of clause 5.1 of the tender document observed that the writ petitioner was not supposed to pay back the long term loan as dire..Category: Civil Law | Date: | Hits: 90
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....g this order whereby a right vested in the petitioner had been taken away, no notice was issued to him and he was not heard and as such, this order was in violation of the basic principles of natural justice. 10. The second ground taken by Mr. Chowdhury is that the respondent No. 1, or the Secret......and of being heard by the respondent No. 1 is concerned, it is necessary to refer to the relevant portion of this order which is at Annexure 'H' and which runs as follows: "There is no factual and documentary proof to treat these plots of Char Udaypur mouza as belonging to Char Sitaram which is u..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....under section 47 of the Code of Civil Procedure the petitioners, therefore, was entitled to take resort to the inherent power of the Court under section 151 of the Code of Civil Procedure for ends of justice. It is also a settled principle that where a mistake of a Court or Court's officer causes so......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....he learned Advocate appearing for the defendants‑petitioners, with the submits that the learned Subordinate Judge committed error of law resulting in an error in the decision occasioning failure of justice in passing the impugned orders dated 12.10.89 and 6.1.90 respectively inasmuch as the same h......ts own motion or on the application of any party, ‑ (a)...................................... (b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid ; (c)......................................” an..Category: Property Law | Date: | Hits: 78
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