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Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....on such erroneous findings, the appellate Court allowed the appeal and dismissed the suit. Such decision of the appellate Court has definitely resulted in such an error that has occasioned failure of justice. To correct such an error, discretion under section 115 of the Code of Civil Procedure has b......ite parties Nos. 1 and 2, submitted, the suit for possession was dismissed by the appellate Court below on due consideration of the facts and circumstances of the case and the evidence, both oral and documentary on record. The findings of the appellate Court that the ‘Ekrarnama’ is forged and cr..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....of the suit precludes fresh suit on the same cause of action and as such, according to him, the learned Assistant Judge committed no illegality in allowing the prayer for amendment in the interest of justice. 11. Mr. Huq arduously argues that although the petition filed by the plaintiff is framed......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....nfirmity and the assessee-applicant ought to have been given a chance by the Commissioner of Taxes (Appeal) to explain the delay in filing the appeal. In the instant case, in our opinion, the ends of justice would have been met if a direction was given by the Tribunal to Commissioner of Taxes (Appea......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....ts that the learned Subordinate Judge evidently erred in law in re-admitting the appeal without serving any copy of the application upon the petitioner’s Advocate the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellants failed to......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......on 9-12-1981. The death certificate of Md. Siddique dated 18-10-87 issued by the Dhaka Municipal Corporation was also produced which was also duly considered by the Court of Settlement. The aforesaid document along with other documents were duly considered by the Court of Settlement and on perusal o..Category: Property Law | Date: | Hits: 90
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice, in a particular case. The formulation of the said circumstance as made by Cornelius J in th......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....sed in Title Suit No. 626 of 1975. This submission also fails. 18. The Court of appeal below therefore, did not commit any error of law resulting in an error in its decision occasioning failure of justice in decreeing the specific performance of the agreement in its entirety by the impugned judgm...... but in the deed his signature appears. 8. On the pleadings 7 issues were framed. Plaintiff examined 5 witnesses while said set of defendants examined one witness each. Plaintiff adduced number of documents including deed of sale dated 3-2-59 and the agreement dated 5-10-79 which were marked as e..Category: Property Law | Date: | Hits: 91
....s submits that the Subordinate Judge acted beyond his jurisdiction in staying further proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and ano...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......LII of 1976). The respondent No.1 floated a tender on 24-1-2000 for the supply of four (4) units of Rail Mounted Quay Gantry Cranes with necessary spare parts and services as specified in the bidding documents from bidders of eligible member countries of Asian Development Bank with which Bangladesh ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....he action of the learned Subordinate Judge to be too complacent in granting adjournment to a party who does not deserve it. It must be noted in this connection that a court of law while administering justice must conform to the rules of law and procedures and it cannot violate these at will in the n......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....petitioner like any other convict has got a right appeal but he will be seriously prejudiced, if he is declared disqualified on his conviction by the trial Court alone, causing serious hardship and injustice on him as a Member of Parliament, which cannot be the intent and report of law. From that vi......y law confer committees appointed under this article powers for- (a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; (b) compelling the production of documents.” 46. Naturally not only the people of the constituency who elect their representativ..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....istant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. ......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....making any inquiry as required by law and illegally directed the petitioner to hand over possession of the schedule ‘kha’ property and thereby he has committed error of law occasioning failure of justice. 6. Mr. M Enayetur Rahim, learned Advocate for the third party opposite party, submits th......r the applicant was in possession of the property on the day it was decreed and also whether he has been dispossessed not through the judgment debtor any order without oral evidence, relying upon the documents and the papers filed by the applicant is, in my view, not in accordance with law. Inquiry ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....nd the Court of appeal below without properly considering that aspect of the matter illegally vacated the order of injunction and thereby has committed an error of law which has occasioned failure of justice. 7. Mr. Abdul Quaiyum, the learned Deputy Attorney-General, on the other hand, submits th......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
..... 9. Mr. KS Nabi, the learned Advocate submits that the impugned judgment and decree of remand for fresh trial of the suit by the appellate Court is an error in the decision occasioning failure of justice since the appellate Court has by the order acted contrary to law as it can decree the suit u......When revisional Court need not pass order of remand—The revisional application could be disposed of by the High Court Division without sending the case on remand to the trial Court. Both oral and documentary evidence having been available on record there was no necessity for the remand as ordere..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......; (b) subject to the provision of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the records of the case and the documents and articles, if any which are to be produced in evidence; (d) notify the Public Prosec..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
.... a discretionary relief and the said discretion is to be exercised on sound judicial principles. 19. Promissory Estoppel is a principle evolved by Courts on the principles of equity and to avoid injustice. Where one party by his words and conduct make the other party a clear promise that promise ......ion as plaintiff on 17-8-1985 laid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff after accepting the price fixed by Go..Category: Property Law | Date: | Hits: 83
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