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....operty in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was issued on 18-1-1998 (Annexure-P) to the respondent No.2 but without any response. Being ......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....re is any legal background in favour of such demand regulating the mode of payments. 6. We do not intend to express opinion on other questions at this stage. In the interest of a fair and complete justice to the parties, it is sufficient to observe that the plaintiff at this stage is not required......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
....alities of law should be discouraged by the legal profession. Court is not a place for ventilating grievance as raising points on technicalities of law at the instance of rich clients but for seeking justice in favour of really aggrieved persons in the greater interest of the society and the people....... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
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Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....h date was fixed for cross-examination of PW 14 except a junior advocate none of the 3/4 senior advocates was present and the petitioners had adopted dilatory tactics which is contrary to the ends of justice and for speedy disposal of the case they are not entitled to bail. Thereafter petitioners mo......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....se, the learned Divisional Special Judge was manifestly wrong in finding that current deposit account No.2400 in the name of Salimuddin was a fictitious account and the same has occasioned failure of justice. 8. Mr. Khandakar Mahbub Alam, the learned Assistant Attorney-General appearing for the S......arker, clerk of the Janata Bank, Main Branch, Pabna under the authentication and release of accused Shamsul Bari. It was alleged that in violation of the definite office instructions of the bank, the documents for collection of the cheques in question were given directly to the account-holder by han..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....prescribed by the rules of procedure, if it goes to the root of the suit, it is not a formal defect. Even when there was no such 'formal defect' the Court is not powerless to grant the same prayer if justice demands. 21. So, ultimate discretion rests with the Court. The Court should only guard th......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....sam and others, 1997 BLD (AD) 230. Decisions cited by Mr. Rab do not help him at all. 29. For the above reasons, we are unable to accept the impugned order, which, no doubt, resulted in failure of justice, In the result, the Rule is made absolute. Impugned order dated 4-7-04 is hereby set aside. ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....contrary, the learned District Judge committed serious error in cancelling such report of the Advocate Commissioner, and consequently, setting aside the final decree, which has resulted in failure of justice. 6. Opposing the Rule, an affidavit-in-opposition was filed on behalf of said opposite pa......he time of their ancestors of both the plaintiffs and defendants. All the land was in joint possession. They were given land of lesser value. 13. In support of the objections, no evidence, oral or documentary, was however adduced by the defendants. 14. Consequently, on consideration of the dep..Category: Property Law | Date: | Hits: 70
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... and denied title of the plaintiff since 29-1-97, and 13. If the plaintiffs were entitled to any decree. 28. Plaintiff Shamsul Haque in his subsequent suit examined 5 witnesses and adduced some documents, which were marked exhibits 1 to 8 and 9 and 9 (ka), while plaintiffs Luna and Dana of ear..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......lance over sub-section (6) of section 90 of the BT Act which runs as follows: "(6) The legality or propriety of an order issued, or any amendment with regard to a condition or content of the said document made, under this section cannot be called in question in any court." Where Civil Court ..Category: Information Technology Law | Date: | Hits: 321
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ide acts committed by the respondents for illegally obtaining lease of the said Cattle Hat by causing revenue loss to the state and the government but would also offend the principle of fair play and justice as well as the principle of legitimate expectation of the petitioner to have the lease of th......tended to be offered by the petitioner) by way of Call Deposit to the respondent No. 6, UNO, with a view to participate in the 4th tender due to be held on 13-4-2005, he could not purchase the tender documents and participate in the tender due to the interference and obstruction created by some loca..Category: Others | Date: | Hits: 114
....ut no one appears for the opposite parties.
6. Learned Advocate for the petitioners submits that the trial Court committed error of law resulting in an error in the decision occasioning failure of justice in not complying with the provision of Order 22 rule 3 of the Code of Civil Procedure, passi...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ismissed on contest, by the impugned judgment and decree. 6. Court below wrongly held that the passport (Exhibit 10) of the plaintiff shows that he went to India on 25-7-1965 and there is no other document to show his coming back to this country, ignoring the admitted fact that the plaintiff was ..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......that Santosh Pal was a minor and, as such, Surja Kanta Pal returned the land by the said endorsement, but nowhere in the Exhibit 2, it has been stated or referred that Santosh Pal was a minor and the document was executed and registered in the year 1952 and the endorsement as to reconveyance was mad..Category: Property Law | Date: | Hits: 85
....hapter “Administration of Civil Justice” provides that:
“The officer dealing with matter or suit will in the first instance endeavor, upon the viva-voce examination of the parties, to make a justice award between them. Witnesses should not be sent for, except when the officer is unable with......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... judgment a nullity and without jurisdiction. The defect, if any, is a procedural and technical one not affecting the merit of the decision of the case………….(20) Administration of criminal justice If offenders like the convict-appellant goes scot free without the result of criminality,......recorded by him was that accused was a well-marked terrorist and a good number of cases were pending against him. 8. Special Tribunal No.14, Chittagong on consideration of evidence, both oral and documentary recorded decision that through testimonies of prosecution witnesses who were present at ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
...., I do not have any hesitation to hold that the order of the Court of appeal granting mandatory injunction is most unjust and arbitrary, and such order has no doubt resulted in serious miscarriage of justice and therefore, cannot be sustained in law. 20. In passing, Natural Gas is no doubt very i......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....ut seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismissing the suit upon such erroneous view which has resulted in failure of justice. He then submits that the Court of appeal below without reversing the findings of the trial ......No.51 of 1997 are liable to be set aside as void and not binding upon the plaintiffs or not. Plaintiffs examined 6 witnesses while defendant No.1 examined 2 witnesses including himself. Plaintiffs’ documents were marked as exhibits 1 to 12 series while those of the defendant No.1 exhibit No. ‘Ka..Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....t out”. 44. Therefore, in the facts and circumstances of the case as stated above we are inclined to reduce the sentence of death of the condemned prisoner Shamim @ Shahin Sikder for the ends of justice. In the result, the reference is rejected. The Criminal Appeal No.1107 of 1997 preferred ......yond reasonable doubt against them. It is further submitted that admission of condemned prisoner at Barisal Medical College Hospital for treatment at the time of occurrence could not be proved by any documentary evidence. It is further submitted that the presence of other accused appellants at the p..Category: Criminal Law | Date: | Hits: 50
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