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....he office of the said mills for ascertaining the fact and requested the authority to issue letter of indent in his favour but to no result. Thereafter on 23.6.92 he filed an application for demanding justice and cancellation of application for acceptance of tender in favour of respondent No.6 (Annex......aking some correction in the demand draft. The said having been accepted the petitioner deposited the earnest money. The respondent No.6 also participated in the above tender although he has no valid document to quality for the same. On 12.12.91 a letter was issued by the General‑Manager for openi..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rder impugned is also bad. In view of the scope of section 115(1) of the Code of Civil Procedure mere error of law is no ground to set aside the order of the Court below unless it leads to failure of justice. Having taken overall views of this case I am not impressed with the contention of the learn......ed Ahmed, I hold that the Court did not commit any error in refusing to exercise his discretion in this case rightly. 3. Mr. Faridul Alam Chowdhury further submits that his client produced certain document showing him as sub‑tenant but that not having been accepted the order impugned is also ba..Category: Property Law | Date: | Hits: 67
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....f Blagden J, and am tempted to quote a quotation from his judgment which is: “some years before the present war, and for ought I know to the contrary since a man used to stand outside the Courts of justice in London with a banner inscribed on one side with the words” ‘Arbitrate, Do not Litigat......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
.... of die disputed land at the time of occurrence, the learned Assistant Sessions Judge acted illegally in determining the question of the right of private defence and hence there has been a failure of justice and the impugned judgment and order should therefore be set aside. 7. Now, on the day fix......said charges and claimed to be tried. Their case as transpired from the trend of cross‑examination of the P.W.s and from their statements under section 342 of the Code of Criminal Procedure and the documents filed by them is that they are innocent and they were in actual possession of the case lan..Category: Criminal Law | Date: | Hits: 86
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....a given fact. So, in the instant case the allegations made against the mutwalli must be within the framework of the statute and must be strictly proved. 16. Let us now consider how far the natural justice clause that has been incorporated by the proviso of section 32 has been complied with, in is......ion. In this connection section 38 of the Waqf Ordinance is attracted. For the purpose of an enquiry the section emphasises, the enforcement of attendance or examination of witnesses or production of documents or the issuance of commission for the examination of witnesses by the Administrator of Waq..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....ically useless to obtain a decree for permanent injunction. The Code, as already stated, is not and cannot be exhaustive. In all civilized countries, it is found, despite the best laws, residium of injustice will remain. Let us take the case of declaratory decree. Their effectiveness of execution de......cuted in accordance with sub‑rule (5), Order 21 has prescribed another mode of execution thereof in rule 33. Similarly, it has prescribed further direct mode of execution of decree for execution of document or endorsement of negotiable instrument in rule 34. Had it been the intention that Order 21..Category: Procedural Law | Date: | Hits: 95
Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)
....application rightly and I do not find any reason to interfere with the impugned order dated 19.8.90 inasmuch as the learned Subordinate Judge has not committed any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed....... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ..Category: Procedural Law | Date: | Hits: 77
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... present Rule. 3. Miss Nowazish Ara Begum, learned Advocate for the petitioner, submits that the learned Munsif committed an error of law resulting, in error in the decision occasioning failure of justice, by rejecting the application for vacating the order dated 25.8.1984 inasmuch as final decre...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....d in October/November, 1987 upon the alleged complaint of a person against the petitioner is mala fide, arbitrary and vitiated by non‑application mind and is also violative of principles of natural justice. 5. Mr. Shafique Ahmed, the learned Advocate for the respondents, submitted that the Univ......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....ise its jurisdiction to review the order dated 8.8.85 in Miscellaneous Case No.32 of 1983 for pre‑emption and has thus committed an error of law and procedure in its decision occasioning failure of justice in not allowing the review petition. Accordingly, the order dated 20.3.86 passed by Munsif (......e matter of pre‑emption by giving the parties due notice. 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) 18. ..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......egistered by pre‑emptee opposite party has not been produced in Court nor marked as exhibit. It is not known why the primary evidence has been suppressed. It is settled law that primary evidence of document means document itself and it is produced for inspection of the Court when a party seeks to ..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....ble in law and the same is liable to be set aside as in allowing the prayer for amendment he has committed an error of law resulting in an error in his decision and the same has occasioned failure of justice. 11. However, as the learned Subordinate Judge has not disposed of the application for am......ort bills were issued with the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through ..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out and out sale with an agreement to reconvey shall notwithstanding anything contained in the document relating to the transfer be deemed to be a complete usufructuary mortgage for period of max..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....it‑in‑opposition that till the present time no consultation with the Supreme Court by the government in case of promotion of District Judges to the post of Joint Secretary in the Ministry of Law, justice and Parliamentary Affairs, took place. As such, by omitting to consult with the Supreme Cour...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....e lawyers of the parties,” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error observance of non-observance of the principle of justice. This was an error apparent on the face of the record. The learned Munsif acted illegally an......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ote No.1 of the said Tariff Item for renewal of agreement for year on payment of rent at the rate of lease agreement with payable dues. After receiving the said memo the petitioner served demand of justice notice upon the respondents on 10-3-2005 dispensing justice to it but received no reply. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......ation, which the defendants had failed to establish. We find no error in the observation of the learned Judge. Section 85 of the Evidence Act, inter alia, says that the court shall presume that every document purporting to be a power of attorney and to have been executed before and authenticated amo..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......as issued to other directors. But for this purpose the dispatch register was tampered with by inserting new entries and allocating number to the so-called meeting dated 14-3-2000. A comparison of the documents regularly used by the CCCI would reveal the forgery and interpolation by the applicants. C..Category: Others | Date: | Hits: 123
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