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.... mainly on the grounds amongst others that the Court of Appeal below by misreading the evidence on record allowed the appeal with wrong findings and came to an erroneous decision causing failure of justice. It is the case of plaintiff that in the C.S. Khatian No. 545 in the relevant column it is s......he High Court Division as well as the Court of Appeal below erred in law in discharging the Rule on non-reading and misreading of material evidence on record and on misconstruction of the important documents in the C.S. Khatian Ext.1 which is mentioned as shashan, as such, the mere recording of ..
Category: Property Law | Date: | Hits: 27
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....y wrong in convicting and sentencing the accused appellants under sections 386/387 of the Penal Code without properly weighing and sifting he evidence on record and the same has occasioned failure of justice. The learned Advocate further submits that regard being had to the fact that the prosecution....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....eged bias. The transfer of a case from one district to another district is a matter of grave consequences and such an order for transfer can be made only when it becomes imperative in the interest of justice, clearly dictated by exigency. Ordinarily every case must be tried and disposed of by the Co......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448....... requisition of land and Gazette showing acquisition of land in LA Case Nos. 15 and 16 of 1959-60 showing part acquisition of part of plot Nos. 203 and 204. The respondents however, has not filed any document in his contention.
8. It is sufficiently found that the petitioner has acquired valid ti..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....plaint, no criminal offence is disclosed and at best it can be a civil liability and, as such, the proceeding itself is an abuse of the process of the Court and the same should be quashed for ends of justice. By subsequent supplementary affidavit he filed some documents showing that accused petition......e a civil liability and, as such, the proceeding itself is an abuse of the process of the Court and the same should be quashed for ends of justice. By subsequent supplementary affidavit he filed some documents showing that accused petitioner has re-paid Taka 50.000 complainant as per order of the co..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... in India without being by the then Embassy of Pakistan. Mr. Shahid submits that the appellate Court while decreeing the suit failed to consider this legal position of the case occasioning failure of justice in decreeing the suit. Mr. AFM Shahid in support of his contention has referred the case of ......ttorney was fraudulent, forged and fabricated. The plaintiffs were never the inhabitants of Tripura state and now on the departure of the Hindu owners they have created fabricated and forged exchange documents to grab the suit ‘A’ scheduled properties without having any right, title and possessi..Category: Property Law | Date: | Hits: 23
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... utilisation permits and all other documents. In Writ Petition No. 2968 of 2001 the petitioner also filed a supplementary affidavit dated 16-7-2001 wherein they have annexed the copy of the demand of justice notice dated 12th July, 2001 and by another supplementary affidavit dated 18-7-2001 the peti......e Customs Act, and also why penal action shall not be initiated against the petitioner under sections 156(1), (14), (61), (62), (90). 6. The petitioner Company in the Writ Petition annexed various documents to establish the fact that after importation of the disputed goods by the petitioner they ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....nds that it is well settled in a number of decisions of our court and some other Courts of the Subcontinent that formal defect or mistake should be given a wide and liberal meaning in the interest of justice which will have no bearing on the merit of the case. He also contends in this connection tha......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....vidence on record, both ocular and documentary. The only point for determination in the Rules for me now is to see whether the learned District Judge committed any error of law occasioning failure of justice in passing the impugned judgments. 12. On careful scrutiny of the impugned judgment passe......aw and facts are involved in the rules. 11. I have carefully gone through the impugned judgments passed by the learned Courts below and scrutinised the material evidence on record, both ocular and documentary. The only point for determination in the Rules for me now is to see whether the learned ..Category: Civil Law | Date: | Hits: 69
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....e a written order stating the reasons for making the order and the authority is also required to furnish a copy of the order on demand. We find from the annexure-‘C’, copy of the notice demanding justice that formal request was made on behalf of the petitioner to make available to him copies of ......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....n his order dated 12-9-84. 9. It is contended by the learned Advocate that the orders dated 14-7-84 and 16-9-84 were passed behind the back or the petitioners and thereby there has been failure of justice. The order could be corrected by the learned trial Court on the application filed by the pet......n is the eye of law. 6. Order III rule 4(1) CPC is in the following terms: (1) No pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognised agent or by some other person duly au..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
.... the same time the plaintiff’s pressed their action for infringement which had been commenced earlier. Megarry J, refused a stay, observing that a stay should only be granted where the interests of justice (taking into account the claims of both parties) required it. If an injunction were obtained......facie case. The petitioner then filed an appeal before the High Court and filed an application in the said appeal praying for ad interim relief but the said application was dismissed holding that the documentary evidence produced before the trial Court showed that a bearing trade mark Arminous had b..Category: Intellectual Property Law | Date: | Hits: 200
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....handaker, the learned Counsel appearing for the petitioner, submits that the learned Joint District Judge erred in law in passing the impugned order arbitrarily and the same has occasioned failure of justice. The learned Counsel further submits that the learned Joint District Judge erred in law in r......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... simply that they are innocent. Under these circumstances it cannot be said that because of general questions put to the accused while examined under section 342 Cr.P.C. any miscarriage or failure of justice has been caused and, as such, there arises no question of prejudice to the accused in the tr...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......e Court was whether the trial Court was justified in holding so. H. Rahman J. speaking for the Supreme Court answered the point as under: "The Code of Civil Procedure provides for the admission of documents and it is now well settled that if objection to the formal proof of a document has not bee..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ...... East, Chittagong as Mortgagees A/C. M/s. Islam Steels Mills Limited, Al-Islam Chamber, 91 Agrabad C/A, Chittagong as mortgagers". In respect of other policies, similar descriptions were given. These documentary evidence proved that the defendant recognised the plaintiffs not only as partners of the..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......licable in the present case. Because the defendant admitted himself to be a monthly tenant under the plaintiff and such tenancy can be created even on the basis of oral agreement, registration of the document is not at all necessary to create monthly tenancy as has been done in the present case. ..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....e matter in issue of title is directly and substantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he relies upon the decision of a Single Bench in the case of Altaf Hossain...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....d prisoner Abul Kashem and the accused appellant Anowar Hossain Pintu started for Burichang without waiting for the Chairman to come back home with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time accused Nabalak Mia (since acquitted) called the ......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
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