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Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....fee and reasonable fine and prayed for withdrawing the notice of demolition. The petitioner alleges that without giving him an opportunity of personal hearing in violation of the principle of natural justice, the respondents issued notice dated 18.5.1989 directing the petitioner to demolish his tin ...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....r; hence further continuation of the said illegal proceeding against the accused petitioner amounts to an abuse of the process of the Court and the same should therefore be quashed in the interest of justice and to save the accused petitioner from illegal harassment. While advancing the above argume......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....e light of the principle laid down in the above‑mentioned case I am of opinion that the learned District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the setting up of the new centre at Khanebari Government Primary School was ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....oid harassment of going to the Court again and again. Disinterested witnesses unless compelled now a days do not voluntarily appear in Court. It is desirable in the interest of administration of justice that witnesses be summoned on a day when the Court is in a position to examine them. As soon......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ppellate Division, is the creation of the Constitution. As such, both the Divisions function according to the Constitution and the laws of the land. 6. The procedures for administering criminal justice are contained in the Code of Criminal Procedure, 1898 (the Code). The Chapter XXXIX of the C......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....aw on the fact of the record in decreeing the suit for Specific Performance of Contract without any valid ground and cogent reason and thus, decisions of the Courts below have occasioned a failure of justice. 6. The learned Advocate then submits that the plaintiffs case as made out on the basis o...... relied in the case of Feroza Majid and another Vs. Jiban Binza Corporation reported in 39 DLR (AD) 78 wherein it is held: "Oral or extraneous evidence to contradict the terms of the Contents of a document is inadmissible under section 92 of the Evidence Act.” It is further held: "Section..Category: Property Law | Date: | Hits: 74
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....jor penalty he should not be awarded comparatively higher major penalty without giving him any opportunity to show cause for infliction of such higher major penalty following the principle of natural justice. 11. When a person is removed from the service under Rule “৪০(১) (খ) (ই)” h......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....transferred the suit to the said Court of Bhaluka for disposal and in that view of the matter the learned Munsif committed an error of law resulting in an error in his decision occasioning failure of justice in holding that the suit is not maintainable in its present form. 4. Mr. Serajul Hoque, t......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....the order in this Rule. 3. Appearing on behalf of the petitioner Mr. Nurul Huq, submits that the Tribunal has committed an error of law resulting in an error in the decision occasioning failure of justice in not dismissing the election petition for noncompliance with rule 44(3) of the Rules in th......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....ihir Kanti Majumder, learned Advocate for the plaintiff‑petitioner, submits that the Appellate Court below has committed an error of law resulting in an error in the decision occasioning failure of justice in reversing the decree without reversing, the findings arrived at by the Trial Court and wi...... No.2 in the suit and on further consideration of the fact that the defendant No. 1 admitted his signature in the bainapatra in question decreed the suit holding that the said bainapatra is a genuine document and the same was legally proved at the Trial. But the Appellate Court below in the impugned..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ore us is Annexure‑II. It appears that while considering the application of the petitioner filed under Article 15 of the President's Order No. 16 of 1972 the prescribed authority considered all the documentary evidence produced by the petitioner before him including her nationality certificate iss..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......d in such Court under the Code of Civil Procedure (Act V of 1908) including the powers of: (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material object; (c) issuing orders for the examination of witnesses or documents; ..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....its that the learned Judges of the High Court Division failed to appreciate the facts and circumstances of this case in its true perspective as a result of which there has been serious miscarriage of justice since the place of occurrence with regard to Money Suit No.2 of 2005 instituted by the plain......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....aused for non-application of the mind of the trial judge. If such type of procedural defect is not allowed to be cured and the accused is acquitted for such procedural defect that will cause great, injustice to the informant side who brought the matter before the Court of law for justice. 11. T......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
....ioner on 3.8.89. For this reason he submits that by contravention of the provision of Rule 7(2) by simultaneously appointing an Inquiry Officer, there has been a contravention of principle of natural justice inasmuch as the Petitioner has been deprived of his initial right of submitting directly to ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....or to accord permission to work as specified in the application under Order 39 rule 4 and section 151 Of the Code of Civil Procedure it was imperative for the learned Subordinate Judge to do complete justice in the case and he has erred in not modifying the order of injunction under Order 39 rule 4 ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....n 16 of the Small Cause Courts Act since the legislature intended to cure such defect by taking recourse to the provision of Order 46 rule 7(2) of the CP Code. So, unless it is found that substantial justice has not been meted out by the Court who tries the suit, the, decree cannot be set aside simp......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ns as for instance where the very vires of the statute is in question or where private or public wrongs are so inextricably mixed, up and the prevention of public injury and the vindication of public justice require it that recourse may be had to Article 226 of the Constitution. But then the Court m......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....filed representation against the order of retirement as aforesaid and filed another reminder on 22.2.89 but the respondents did not pay heed to it. The petitioner finally served a notice of demand of justice on 24.9.89 but the demand having not been complied with, the petitioner thereafter obtained ...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......accused he ultimately agreed to lend him the same. On 27.6.83 the accused received the sum of Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon a..Category: Criminal Law | Date: | Hits: 132
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