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State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....to realise the claimed damages then the legal remedy of damages, even if available, will be deemed to be inadequate and the Equity will come forward in aid to grant specific performance “to do true justice to enforce the true contract that the parties have made, to prevent the trouble and expenses......nsibility of making payment of commission to the agent shall lie, not on the principal but on the other party. Nothing like that could be found in this case. Paragraph 15 of the plaint as well as the document produced as Annexure-A (3) also suggest that in the present case the responsibility of payi..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
.... ipso facto terminate co-ownership in such land till subdivision of the holding and distribution of rents takes place only in accordance with law." In our natural anxiety to be cautious in dispensing justice we have meticulously found that the decision reported in 35 DLR (AD) 230 was not brought to ......ine mutation did, indeed, take place and that all those registers and receipt books produced in support of such mutation were wholly unreliable and the learned Judge should not have relied upon those documents and disallowed the pre‑emption petition. Further, according to him, original co-sharersh..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....re can be disregarded to make such suit, which is so barred, maintainable in order to try an issue on mala fide alleged in the plaint, It may, at least in some cases, be seen that hardship, or even injustice, may result if, in spite of evident truth in the allegation of mala fide, the suit is held t......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....law. We unsuccessfully looked for the Criminal Rules and Order. We were told, the Rules are not available. Non availability of the Rules indicates another limitation in the administration of criminal justice delivery system in the country. However, it may be mentioned here that in the suo motu first...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....ry. 9. In view of the peculiar circumstances of the case and the fact that the appellant is in custody for 18 months without trial as the cases are yet to be made ready for trial, we think ends of justice would be met if the appellant is allowed bail. 10. Accordingly, both the appeals are allo......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....iction in cancelling appointment of and or removing the petitioner from the office of Mutwalli. The District Judge by the impugned judgment and order equally erred in law which resulted in failure of justice in dismissing the appeal and confirming such illegal order of the Waqf Administrator. 15.......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...Category: Trust/Waqf Law | Date: | Hits: 174
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......emati Santilata Joarder and got it registered through his wife accused Kallani Rani Biswas who falsely personified herself as Sreemati Santilata Joarder in the Sub-registry Office and thereby got the document registered in favour of said Nripendra Nath Biswas and accused Tapan Kumar Mondal falsely i..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....“Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failure of justice. The learned Advocate further submits that the superior Courts of this sub-continent liberal......ot a member of the Tahbildar family as contemplated in section 4 of the Partition Act. The learned Advocate submits that the trial Court in the instant case after proper assessment of oral as well as documentary evidence on record rightly arrived at the finding that the suit property is not a dwelli..Category: Administrative Law | Date: | Hits: 210
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....n the same day and considering the difficulties the learned Advocate to accommodate the petitioner agreed to get the petitioner alone examined on the day and he then submits that thereby the doors of justice cannot be shut by refusing to allow the petitioner to adduce further evidence in order to gi......thereafter adjourned to 29‑10‑2000 for hearing argument. On 29‑10‑2000 the petitioner filed two applications (Annexure-B and B‑1) to the Court of Settlement, one praying for calling for the documents as mentioned in Paragraph 2 of the said application and the other for giving him chance to..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......vely obtained those decrees and that those decrees do not cover under any of the clauses (a) or (b) of the proviso to section 5 of the Ordinance. 5. The Court of Settlement on consideration of the documents including the decrees filed by the appellant in support of her title held that they did no..Category: Property Law | Date: | Hits: 65
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....tion of accused person by the police is going on, which not only creates serious doubt in the prosecution case but creates serious bar in the discharge of rule of law as well as Administration of justice. As such, there found no reasons to accept the testimony of P.W.'s 10, 12 and 16 in the ca......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...Category: Criminal Law | Date: | Hits: 46
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....dvocate-on-Record, appearing for the petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasioning failure of justice in overlooking the oral and documentary evidence on record proving their case and observing,...... petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasioning failure of justice in overlooking the oral and documentary evidence on record proving their case and observing, inter alia, that that the defendant..Category: Property Law | Date: | Hits: 47
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....f Criminal Procedure. Therefore, considering the tender age of the accused with relation to the date of committing the offence his death sentence may kindly be commuted to life sentence for ends of justice. In view of the above, the submissions of the learned Advocate for the petitioner deser......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988...Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....tantial evidence though it was retracted, it cannot be denied. The High Court Division ought to have considered it in their findings and in the decisions committed an error occasioning failure of justice. The impugned judgment and order of the High Court Division is liable to be set aside. In......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...Category: Criminal Law | Date: | Hits: 46
.... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971.......ctor by whatever name called, provided that the powers to do administrative acts of a routine nature when so authorised by the directors such as the power to affix common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and ..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......eption and also no offence of forgery discloses being represented by the photocopy or a certified copy of the deed of gift, inasmuch as, the photo copy supported by the certified copy is not forged document as it cannot be said that the petitioner made, signed, sealed or executed the photocopy or ..Category: Criminal Law | Date: | Hits: 54
Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)
.... 9. It appears that the High Court Division and the trial court after considering the religious sentiment of the parties granted injunction in favour of the respondents. There has been no failure of justice calling for interference by this Court. We find no substance in this petition which is ac......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..Category: Property Law | Date: | Hits: 44
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....its judicial mind in assessing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and......on of the suit land. The plaintiff claimed the title of the property in question on the basis of an oral gift given by Bangu Sheikh in favour of Aushi Bibi, wife of his grand son. It appears that the documents as exhibited by the defendants especially the Heba deed in favour of Ausha Miah, sale deed..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....ourts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts below were based on erroneous decision occasioning failure of justice. 10. We have perused the leave petition and heard the learned Advocate. We have also peru......ourt further observed that though the certified copy of the judgment and decree passed in Partition Suit No.59 of 1992 has been produced but neither copy of the Advocate Commissioner's report nor any document in support of actual partition by the Commissioner and or delivery thereof were produced in..Category: Property Law | Date: | Hits: 45
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