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Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......ion was not filed following the provisions of Order 47 rule 1 of the Code of Civil Procedure, hereinafter referred to as the Code. 10. The learned Advocate further submits that on the basis of the documents both the Courts below by the concurrent finding came to the opinion that the suit land app..Category: Property Law | Date: | Hits: 59
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without depositio...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
.... was violation of some provision of law, or that there was gross non-consideration of evidence on record, or that there was patent error of law resulted in an error in decision occasioning failure of justice, this Court will not interfere into the concurrent findings of facts in exercise of revision...... disposal of the suit. In the present case, the plaintiff pleaded to be mentally unsound, and has brought the suit through her next friend, and during the course of trial she proved her contention by documentary evidence namely a Medical Certificate issued by the Superintendent of Pabna Mental Hospi..Category: Property Law | Date: | Hits: 54
Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)
.... no latches and negligence on their part in pursuing the litigation. They have a very good case on merit, considering which the Hon’ble Court may be pleased to condone the delay to meet the ends of justice. 4. It appears from the record that Mr. Md. Najmul Huda, the learned Advocate filed a vak...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 92
....legation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protection from arbitrary and discriminatory action.
13. All the rule......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ld, Law of Contempt of Court 3rd Ed, Page-1]. In its origin, all legal contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountainhead of law and justice, or against the palace, where injustice was administered. "The power which the Courts in Wes......s may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document." "108. The Supreme Court shall be a Court of record and shall have all the powers of s..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....al discretion in granting such leave under rule 18 of the said Order. Further, if a rigid and literal interpretation is given to the newly added words of the statute then that will lead to manifest injustice and would be inconsistent with the object of the legislation. We have no hesitation in holdi......desh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat No.4, Dhaka passed in Title Suit No.7 of 1994 allowing filing of additional documents by the plaintiff. 2. Facts as stated in the Wit Petition, in short, are that, the respo..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... of 1994 convicting and sentencing the accused appellants under section 409 of the Penal Code are set aside. 14. Since there has been no trial in the eye of law, it is necessary in the interest of justice that the case be sent back on remand to the learned Special Judge Court No. 2 Rajbari for a ......y of the accused persons on obtaining signatures of Eman Ali Mallik, Manager of the scheme, Shamser Ali Molla as Chairman and Md. Shiraj Mollah and accused Haroon-or-Rashid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-we..Category: Criminal Law | Date: | Hits: 43
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction and sentence must be set aside in the interest of justice. 10. Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......back to Back LC being No. 8BA/01/98/256 DP on 31-3-98 through Sonali Bank, Corporate Branch, Dhaka. In compliance with the requirement for taking delivery of the consignment, invoice and the shipping documents were forwarded to the petitioner by the upp1ier from Singapore for clearance of the said f..Category: Fiscal/Taxation Law | Date: | Hits: 83
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....e summons and his declaration dated 5-3-1989 and the endorsement of the postal peon on the letter containing the Summons and illegally allowed the Miscellaneous case which has occasioned a failure of justice. On such grounds he prays for making the Rule absolute and dismissing the miscellaneous case......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..Category: Trust/Waqf Law | Date: | Hits: 189
....the inquiry report but the petitioners stated in supplementary affidavit about receipt of the photo copy of the said enquiry report. The respondents have denied any violation of principles of natural justice or any Rule and Regulation of the Service Rules. The respondents have further stated that th......the Chalantika Football Team through any of the office bearers, the receipt of an amount on account of selling of goodwill of BJMC Football team by the petitioners is not proved and could not produce documentary evidence of receipt and payment such huge amount of sale of goodwill by the petitioners...
Category: Employment/Service Law | Date: | Hits: 87
....e Code of Civil Procedure, the power to be exercised by the High Court Division is supervisory which may, also, be exercised suo motu. Section 115 of the Code provides a safeguard to meet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
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Category: Property Law | Date: | Hits: 68
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....se of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. He further submits that in the aforesaid case the Appellate D......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...Category: Property Law | Date: | Hits: 57
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 52
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......1 Dhaka Stock Exchange Limited has filed an affidavit-in-opposition denying the material allegations made in the application, however admitted the fact that the petitioner Md. Matiur Rahman submitted documents and papers relating to the transfer, to the Dhaka Stock Exchange Limited on 20-3-81 for re..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
.... fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law in nor rejecting the plaint and the same has occasioned failure of justice. 5. Mr. Abdul Quayum, the learned Advocate appearing for the opposite parties, on the oth......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
.... testimony in arriving at a finding of possession of plaintiff in the suit land and consequently, there has been total misreading and non consideration of the material evidence occasioning failure of justice. The 2nd branch of submission of Mr. Sk Razzaque Ali is that Kha schedule land which is the ...... owner and his maternal uncle Asmat Ali is the benamder but the plaintiff failed to prove the plea of benami. After assessment of the oral evidence of the plaintiff witnesses and also considering the documentary evidence such as record of rights of Asmat Ali, the rent receipt showing payment of rent..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......n 1388 BS vice DC No. 432811 dated, 8-8-88. Therefore the petitioner could not have acquired any ownership in Government khas land of public easement by virtue of a fraudulent and illegal sale. These documents he says were deposited by the respondents in VP Case No. 173 of 1987 (Khulna) of Bhumi App..Category: Property Law | Date: | Hits: 107
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