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Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....eous decision; that the High Court Division was wrong in passing the impugned judgment and order on wholly inadmissible evidence and on extraneous consideration and the same has occasioned failure of justice in this case. The learned Advocate further submitted that the conviction and sentence are ba......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
.... neither proper nor in accordance with law. The learned Additional Attorney General further submitted 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......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......it. 3. The defendant Nos.1 and 2 contested case by filing written statement contending, inter-alia, that the plaintiffs are not co-sharers by inheritance in the land under pre-emption rather the documents are fraudulently procured by them, the pre-emptees are the co-sharers by inheritance in th..Category: Property Law | Date: | Hits: 52
....ef Justice had indicated that he had recommended said Additional Judges for appointment as Judges as their performance was satisfactory.
14. It is stated that said two Additional Judges dispensed justice for three years and the Chief Justice had expressly recommended them to be fit for appointme......dence of Judiciary. This expectation of the writ petitioners is fundamental and natural and there cannot be any departure from the established practice being followed over thirty years.
Privileged documents
300. The next point is immunity claimed by the Government in respect of the papers and ..
Category: Constitutional Law | Date: | Hits: 252
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....as rightly issued. 4. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division committed a grave error of law occasioning failure of justice in not finding that no show cause notice was issued prior to issuance of the impugned Memo c......respondent No.1 contested the suit by filing a written statement denying all material allegations contending, inter alia, that the appointment of letter of the petitioner is a forged and fraudulent document and that the petitioner was never appointed as Nikah Registrar for the concerned area. It i..Category: Civil Law | Date: | Hits: 111
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......ve held that plaintiff acquired good title by adverse possession and erred in making the Rule absolute holding that the plaintiff in possession of the suit land as tenant of defendant No.1, though no document or rent receipt or evidence showing the plaintiff as tenant under the defendant has been pr..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... interest about the proposed acquisition of the land/immovable properties of the petitioner and others in L.A Case No.12/2006-2007 dated 02.10.2007. The petitioner and others in the hope of getting justice and adequate compensation value/price of their proposed acquired land did not raise any obje...... the 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: VII ADC (2010) 811...Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....he minor would be best secured and achieved in the custody of the mother. 17. The impugned judgment and order therefore does not suffer from any error of law or procedure nor results in failure of justice. 18. Consequently the Rule is discharged however without any order was to costs. The impu......k the view that the uncles who challenged the gift of the property by late Zahirul Islam in favour of his minor daughter in civil suits cannot think for the interest of the minor, which was proved by documents. In such view of the matter, the learned Assistant Judge rejected the application of the p..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....sideration was extraneous to the principles governing an interlocutory injunction. Such order of injunction therefore cannot be sustained in law, which has no doubt resulted in serious miscarriage of justice. Consequently, this appeal has got merit. 21. In the result, the appeal is allowed wit......eds to get in his share in the suit. 15. In order to appreciate the case of the plaintiff, we have stated the facts in detail. There is no dispute between the parties about successive sales by the documents mentioned herein above. Originally, there was 34 decimals of land in RS Plot No. 2702 of w..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
.... to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law, resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the case as it thinks fit.” The section......most 7 years, in crossing the hurdle of limitation period. He did so, simply asserting that he had come to know of the transfer only on 14-10-1996 and after obtaining a certified copy of the transfer document. He offered no explanation how he had remained so ignorant and for so long since the transf..Category: Property Law | Date: | Hits: 37
....settled that in proper cases the Court is entitled to take note of the subsequent events and grant relief to the parties accordingly, if so doing it can shorten litigation and best attain the ends of justice."
23. Besides, we find in the case reported in PLD 1948 (PC) 73, the Privy Council held t......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
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Category: Procedural Law | Date: | Hits: 60
.... opportunity to controvert the allegation, the Court directed the bank authority (respondent No. 2) to realise Taka 16,000 from the writ petitioner. He further submitted that the principle of natural justice had been violated by not giving any opportunity to the writ petitioner to explain his positi......s including the Writ petitioner who was PW 2. Respondent No. 5 was also examined as DW 1.
5. The learned Subordinate Judge after hearing the parties and on consideration of evidence, both oral and documentary, decreed the suit in part by the judgment and decree dated 16-4-1990 for Taka 1500 to be..
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....remedy, it would not bar the exercise of power under section 152 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that provisions of the Code are generally meant to have the ends of justice......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....nd that it appears from Annexures-A and B (নথি নং সলঃ মিস-৯০/২০০৯(রীট) to the additional paper book filed on behalf of the respondent No.1 the Ministry of Law, justice Parliament Affairs (Case Division) that on discussion on the back ground of the lease and co......es of land for a period of 30 years paid the consideration money amounting to Tk.16,80,21,000/-, duly accepted by the Government, and when the Government was taking step for registration of the lease document, there was change of ruling party in the Government and on an allegation of collusion and c..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
.... any title upon the land of the defendant petitioner and as such, a wrong consideration as to the possession of the plaintiff over the suit land by both the Courts below caused total miscarriage of justice and also caused failure of justice. 5. It appears that the instant suit is for Specific P......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) 707...Category: Property Law | Date: | Hits: 42
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....rpose of the Ordinance. 8. In the above view of the matter, we find that the learned Subordinate Judge has correctly rejected the prayer of the petitioner, which has not resulted in any failure of justice. 9. In the result, the Rule is discharged however without any order as to costs. The orde......which he on 22-10-2000 filed Title Suit No. 196 of 2000 before a Subordinate Judge. Family Court has got every jurisdiction to decide to whether the ‘kabinnama’ in question is a genuine and valid document or not and whether any marriage between the petitioner and opposite party No. 1 was ever so..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......es at (b) and (c) the presiding Officers duly completed the polls and submitted the election results in official forms. The petitioner relies upon Annexure C l and therefore from the petitioner's own documents it is clearly established that polls at centres (b) and (c) were held properly and that re..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....r participation in the strike that the authority had by way of punishment passed the orders which were for all intents and purposes orders of dismissal which offended against the principle of natural justice as having been passed without any show cause notice. There is no dispute that the Bank servi......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... the petitioner was prevented by sufficient cause from appearing before the court at the time of hearing of the Misc. Case No. 342 of 1980 and thereby committed an error of law occasioning failure of justice. Mr. Amirul Kabir Chowdhury the learned Advocate appearing on behalf of the opposite parties...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......র দে(১১-২-৮৮ইং) ভোট কেন্দ্র প্রধান, ঢাকা উত্তর মোঃ উচ্চ বিদ্যালয়। 11. Annexure 'A' is a document not sealed and certified or even attested by any authority. There is no statement in the ..Category: Election Law | Date: | Hits: 119
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