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Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ed for making an arrangement for his admission into the post graduate course, namely, MS (Urology) of Dhaka Medical College, but no result. The petitioner, therefore, served a legal notice demanding justice and to which the respondent Nos. 1 and 2 jointly replied to the said demand notice stating t......MS (Urology) from Bangabandhu Sheikh Mujib Medical University under the Dhaka Medical College, obtained the admission form on payment of requisite fees and submitted it after up filling with required documents on the same day on 14-11-99, and the petitioner was expecting to get admit card for appear..Category: Others | Date: | Hits: 100
....s including liabilities disclosing source of income within 45 days from the date of receipt of the notice failing which action under section 4(2) of the Act would follow. The petitioner served demand justice notice upon the respondents No.1 and 2 on 9.4.2003 through his lawyer but the respondents di......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
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Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ent Act is not compoundable offence but in the light of the decisions of Indian Supreme Court referred to above, the application for compounding offence under section 138 may be accepted for the ends justice. 15. I have considered the submissions of the learned Advocates of both the parties and p......der section 138 may be accepted for the ends justice. 15. I have considered the submissions of the learned Advocates of both the parties and perused the impugned orders of conviction and sentence, documents annexed with the petitions of appeal and the decisions regarding compounding of offence un..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......Having considered the proviso, in particular, we find that a condition has been attached to a deed executed by the Court in a suit for specific performance of contract compelling the recipient of the document to pay duties on the existing market value of the property. The Bidhimala were promulgated ..Category: Property Law | Date: | Hits: 35
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
.... the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconception of law. The Court has no power to set aside an ex parte decree for ends of justice or for any cause other than its satisfaction that the defendant was prevented by sufficien......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931...Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....ut applying its judicial mind to the materials on record arrived at a finding that the plaintiff could not or did not perform Taleb-i-ishat as per provisions of Mohammedan Law which caused failure of justice. 8. Mr. Khalequzzaman, also submits that the trial Court below on assessment of the enti......way for getting entrance of both the premises are also separated and for all these reasons the suit is liable to be dismissed with cost. 4. At the trial both the parties led evidence both oral and documentary to prove their respective cases. 5. The learned Assistant Judge, 1st Court, Dhaka upo..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....s revisional jurisdiction is competent to reverse the judgment of the Courts below when the same has been made either upon mis-reading or non-consideration of the material evidence causing failure of justice”. 15. In view of the facts and circumstances of the case and also the legal position th...... as such the suit is liable to be dismissed. 7. During the course of trial the learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record and after perusing the papers, documents and exhibits dismissed the suit of the plaintiff by his judgment and decree dated 17-7-95 ..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....hat unless the injunction is granted, the plaintiff-petitioners will suffer irreparable loss, but the courts below also failed to determine this question and as a result there has been a failure of justice. Lastly, the learned Advocate for the petitioners submits that the prayer for temporary in......earned Advocate for the plaintiff-petitioners firstly submits that the courts below erred in law in coming to a finding that the plaintiff-petitioners have no prima facie case without considering the documents filed by them and as such the finding is a perverse one and can not be sustained in law. H..Category: Procedural Law | Date: | Hits: 80
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was correct, resulting in an error in decision occasioning failure of justice. The learned Advocate in support of his contention has relied on certain decisions viz. (1) ......the date of presenting the plaint. iv. for movable property of no market value; in suits- (a) for movable property where the subject matter has no market value, as, for instance, in the case of documents relating to title. (b)………………………. (c)………………………. ..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....its that for the proper prosecution of this case the heirs of the deceased opposite-party No.1 Nurun Nahar Begum are required to be added as opposite parties in the main application for the ends of justice. The learned Advocate further submits that in the main suit out of which this present Rule a......resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....as not allowed to cross-examine Mr. Md. Yeasin. In that view of the matter we do not think that the enquiry before the enquiry officer was vitiated by any failure to observe the principles of natural justice. 8. Mr. Abdur Rab Chowdhury, however, has made out a point that in serving a second show ......ution witnesses before the enquiry officer, yet we find from the notice of the enquiry officer dated 20.4.86 (Annexure E) that the petitioner was asked to come to the enquiry officer with all his documents and witnesses for a personal hearing on 4.5.86 at 10 AM. One Mr. Md. Yeasin, Deputy Chie..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
.... Mr. Khan further submits that the appellant was tried in absentia and had no opportunity to defend himself. He was absent as he was not aware of the date of the case and he was never a fugitive from justice as he was on bail and there is nothing on record to show that his bail bond was cancelled or......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....inion that the learned Additional Sessions Judge in due exercise of his jurisdiction has passed the impugned order and no case of abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Re...... 9. Mr. Abdul Malek, learned Advocate for the 1st Party—petitioners submits that before the learned Additional Sessions Judge there was no deposition of any witness, no inquiry report, no written documents submitted during inquiry and no substantive piece of evidence warranting an order of the..Category: Criminal Law | Date: | Hits: 32
.... Sharifuddin Chakladar, the learned Advocate appearing on behalf of the plaintiff opposite party on the other hand submitted that the courts below committed no error of law occasioning failure of justice in arriving at a finding to the effect that the defendant-tenant is a defaulter within the m......ich is heard and disposed of by this judgment.
6. Mr. Md. Nawab Ali, learned Advocate appearing in support of the Rule having taken me through the impugned judgment and the relevant papers and documents on record, submitted that inspite of the fact that the petitioner as per verbal understa..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ow did not at all consider this material aspect of the case and upon such non consideration allowed, the preemption case which is an error resulting in an error in the decision occasioning failure of justice. He contended further that the courts below quoted the evidence of the O.P.W.1, pre-emptee w......P.W.1 quoting from the suggestion and drawn conclusion that upon consideration of the evidence the date of knowledge was found to be correct and also held that the opposite party has not produced any document in support of the development cost and he has not proved the alleged development by produci..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....urchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of justice and that the High Court Division also arrived at a wrong decision occasioning failure of j......4.1952 being barred by limitation because the limitation period was for 3(three) years only which was expired in 1955. But the instant suit was filed in 1975. The disputed deed of gift was not a void document but voidable as suit for cancellation has to be filed within period of limitation but aft..Category: Trust/Waqf Law | Date: | Hits: 194
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....ct Judge evidently erred in law in giving the plaintiff a decree for money instead of a decree for specific performance of the contract by making out third case and the same has occasioned failure of justice. The learned Advocate further submits that in the absence of any pleading for hardship by st...... alleged bainapatra dated 30-3-83 with the above-mentioned signed blank stamps for making illegal gains. 6. At the trial the plaintiff examined four witnesses including himself, and exhibited some documents while the contesting defendant examined four witnesses, including himself, in support of t..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....01 and they have done so with the ill motive of helping the so-called newly elected members. By the said act they have definitely flouted the authority of this Court and also obstructed the course of justice. The view taken us gets support from the case reported in 15 DLR (SC) 355 [AG. West Pakistan......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
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