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Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....sed persons. 5. Mr. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law resulting in an error occasioning failure of justice in misreading, misconstruing and misunderstanding the evidence and materials on record and...... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......1998 and 25.05.1998 respectively, the office of witness No.6 Superintendent of Customs, Sona-Mosjid Customs Check post, police station Shibgonj, Nowabgonj. The complainant Bank on receipt of shipping documents informed the accused No.1 by a letter dated-18.05.1998 and 11.06.1998 asking him to collec..Category: Criminal Law | Date: | Hits: 55
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......994 passed by the defendant No.1 cancelling the license of the plaintiff as a nikah registrar, the Memo No. 291/1(4) of the same date directing the plaintiff to hand over the records, seals and other documents to the defendant No.3 and the Memo No.534 dated 17.4.1994 issued by defendant petitioner..Category: Civil Law | Date: | Hits: 106
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....nd possession in the suit land and that the High Court Division misread and misconstrued Annexures-A and B to the revisional application and thereby arrived at a wrong decision occasioning failure of justice in discharging the Rule. The learned Advocate further submitted that the suit was barred by ......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......”। 5. Admittedly, the plaintiffs are illiterate lady. It has been detailed that the deed in question was obtained by practicing fraud upon them. It is now settled principles of law that when a document is executed and registered by a village illiterate pardanshin lady onus heavily lies upon t..Category: Property Law | Date: | Hits: 84
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....he intention of the legislature, one of the cardinal principles of interpretation of the statutes to be followed is that the intention which appears to be most in accordance with convenience, reason, justice and legal principles, should, in cases of doubt, be presumed to be the true one. Another ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....antime the plaint of the suit was rejected as barred by law apparently under article 23 of the President's Order No. 27 of 1972 but being aggrieved by the notice dated 9‑3-1986 a notice demanding justice was issued on behalf of the petitioner upon the respondents, calling upon them to withdraw, ...... former East Pakistan Enemy Property Management Board by his notice dated 19‑8‑1969 (Annexure E‑1) issued under Rule 185 of the Defence of Pakistan Rules to the firm requiring it to furnish the documents by virtue of which the firm was in possession of the holding No. 28, Hatkhola Road. In rep..Category: Business or Commercial Law | Date: | Hits: 194
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....t by the Courts below. I do not find any illegality or irregularity committed by the Court of appeal below and there is no error of law resulting in an error in the decision occasioning failure of justice. In that view of the matter, the Rule is discharged without any order as to costs. The st...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....order of conviction and sentence without properly weighing and sifting the evidence on record as is required by law and consequently the impugned judgment is liable to be set aside in the interest of justice. 8. Mr. SM Aminul Islam, the learned Assistant Attorney-General appearing for the State, ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....sment by abusing the process of the Court. He has further argued that in a case like this Court exercising the inherent power can grant ad-interim bail to the accused-petitioner to secure the ends of justice. He has placed before us some case laws of the sub-continental jurisdiction. He referred to ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....e entries in the diary are contrary to section 167 of the Code. Lastly, she contends that those orders were made mechanically without application of judicial mind, which should be quashed for ends of justice. 7. Learned Counsel has taken us through section 54 of the Code and section 3 of the Act,......relative or the friend, as the case may be, to whom information is given about the arrest and the particulars of the police officer in whose custody the arrestee is staying. (iv) Copies of all the documents including the memorandum of arrest, a copy of the information or complaint relating to the..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ination are: i. Whether awarding of conviction and sentence upon condemned prisoners and convict-appellants can be sustained on evidences, materials on record, and in safe dispensation of criminal justice, and ii. Whether all the condemned prisoners and convict‑appellants can be fastened wit......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
.... of the income of the suit property unless a receiver was appointed for collection of rents and profits of the suit property and for keeping the accounts. It was therefore prayed that for the ends of justice and management and protection of their share, the appointment of a receiver was necessary. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....ourt‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate for the petitioner submits farther that in the instant case ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....used-appellant. Appellate Division, thus, sent the appeal to the High Court Division to consider the case on merit and to pass whatever order or orders it might think appropriate in the interest of justice. 45. In State Vs. Abul Kalam, 5 BLC 230 one Abul Kalam stood convicted for offence of sec......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......a Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the property and the complaint's father was shown as a seller. On the basis of this document the accused applied to the Revenue Officer for mutation who instructed opposite party No.2 ..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....e Code of Criminal Procedure relates to search of house where the stolen property, forged documents, etc, are kept hidden. So, it is necessary to prevent abuse of the process of law to secure ends of justice, even before cognisance has been taken. In support of this contention, the learned Advocate ......in the said proceedings before taking cognisance of any offence. It is submitted further that section 98 of the Code of Criminal Procedure relates to search of house where the stolen property, forged documents, etc, are kept hidden. So, it is necessary to prevent abuse of the process of law to secur..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......
5. What relief the plaintiff was entitled to.
9. In support of his case, plaintiff examined 4 witnesses while defendants examined equal number of witnesses including defendant No.7. Papers and documents adduced on behalf of the plaintiff were marked as exhibit Nos. 1 to 9 and 10 series. While..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....ould be abandoned. Choice should be left with the Court to decide how it should proceed in the facts and circumstances of a case. No hard and fast rule should be prescribed since it would not advance justice, ultimately. 31. We find the learned Subordinate Judge took the view that at the time of ......al being dead his heirs Pradip Kumar Seal, 6 MLR (AD) 122, Appellate Division dismissed a civil petition for leave on the view: "6. The learned Counsel for the petitioners contends that unless the documents are first admitted into evidence the Court has no jurisdiction to send them for chemical e..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....used side was not in any way prejudiced by the examination of those witness. (iv) The witnesses were formal official witnesses and their examination was found to be necessary to secure the ends of justice. (v) Under the section the Court is empowered to issue summons and examine a witness even......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
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