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Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
.... judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision occasioning failure of justice, that the trial court misread and misconstrued the evidence on record and the Court of appea......se matters and that both the courts below committed no error of law and no miscarriage of justice and, as such, the Rule is liable to be discharged. 9. I have examined the original records and the documentary and oral evidence on record. 10. PW 1 plaintiff Arati Acharjya deposed supporting the..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
.... acquired the interest of said co-decree holders. On such difference having arisen amongst the decree-holders, a single Bench held: “In such circumstances I should think it safe for the ends of justice and in the interest of the parties to allow the application for execution to proceed in the ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....e learned Advocate for the opposite party Nos. 1 and 2, submits that the inherent power conferred under section 151(1) CPC which can be exercised by court in certain special circumstances for ends of justice has not been ousted by Artha Rim Adalat Act and the learned Subordinate Judge, considering t...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....ional Sessions Judge on mis-reading and non-reading of the material considerations acquitted the accused persons against the overwhelming weight of the evidence and the same has occasioned failure of justice. The learned Assistant Attorney-General further submits that although no witness except PW 7......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....n of the words ‘such property’ in rule 100 as given in the above cases. 25. In the circumstances, the impugned order does not suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly e......itle to the land. Opposite parties could not get any relief without partition. 10. The cases were heard separately. Opposite parties examined four witnesses in each of the cases, adduced number of documents which were marked as exhibits No. 1 to 13 in the earlier case exhibits No. 1- to 15 in the..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....writ petitioner was neither given any hearing nor informed about the fate of his application till date. The respondent has thus acted illegally, male fide and in violation of the principle of natural justice and thus Articles 19 and 27 of the Constitution have been violated. 3. Thereafter the pet......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
....so by unlawfully interfering with the performances of the subordinate judiciary. He, like his previous peers-in usurpation, set up a number of martial law tribunals, where apparent, rather than real, justices were delivered with scant regard to the rules of evidence and procedure, reflective of kang......G. Marshal explains, where autochthony exist, the authority for the Constitution arises from the people. The phrases, ‘We the people’ has powerful psychological and legal force, and the resultant document, the Constitution, will be supreme.(Marshall G, Constitutional Theory, 1971, Oxford: Claren..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....on for temporary injunction, learned Subordinate Judge most illegally reject the plaint on supposed grounds which are not borne out by the plaint and such order has resulted in serious miscarriage of justice. 7. Mr. Probir Halder, learned Advocate for opposite party Nos. 1, 2 and 5, took us throu......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....istant Judge erred in law in rejecting the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. ...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....5 of the Evidence Act, the petitioner is not entitled to the benefit of Order 3 rule 2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was filed out of time by 436 day......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....submits that the learned Courts below erred in law in allowing pre-emption holding without any lawful basis, that the jama in question was not legally separated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not prope...... to the case jote and she is not competent to maintain the pre-emption case. 4. At the trial, the pre-emptor examined 3 witnesses and contesting opposite parties examined 4 witnesses and exhibited documents in support of their respective cases. 5. The learned Assistant Judge by his impugned ju..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....aintainable for want of authorisation and the learned Subordinate Judge committed serious error in entertaining and allowing such incompetent application, which has resulted in serious miscarriage of justice. Secondly, he submits that the learned Subordinate Judge also erred in law in condoning the ......s also torn and open. The record does not show who opened it. The envelope bears the seal of Sonaimuri dated 11-10-98. Those were filed in Court with a list dated 26-10-98. More important is that the document is not executed before, and authenticated by, a notary public nor any representative of our..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....r contains, any scandalous design, or any matter the use of which would: (a) by reason of its being likely to deceive or to cause confusion or otherwise, be disentitled to protection in a Court of justice; or (b) be likely to hurt the religious susceptibilities of any class of the citizens of ......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....he co-owners of an undivided homestead or dwelling house against the onslaught of an outsider. The object of this legislation is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Referred to- AIR 1973 A......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....w that the plaint disclosed no cause of action for filing suit against the petitioner and other Group-B shareholders and the learned Subordinate Judge committed an error of law occasioning failure of justice in not rejecting the plaint. In the result, the Rule is made absolute and the impugned or......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...Category: Company Law | Date: | Hits: 197
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266....... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......iction could be brought out by the defence except some omissions. He denied the defence suggestion that he did not investigate the case properly. 36. We have perused the case records, the relevant documents, the exhibits, the evidence on record and also the impugned judgment. PW1, the informant, ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....veling beyond the scope of review as envisaged by Order 47 rule 1 of the Code of Civil Procedure and sat over his own judgment by way of rehearing of the appeal and the same has occasioned failure of justice. The learned Advocate further submits that the learned District Judge was manifestly wrong i......e been paying rent regularly to the Government Acquired Estate. 4. At the trial, the plaintiffs examined three witnesses while the contesting defendants also examined three witnesses and exhibited documents in support of their respective case. 5. The learned Subordinate Judge on consideration ..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....ing had made the order for leasing out the fishery afresh upon inviting bid through well circulated tender without hearing the petitioner and that thereby having had violated the principle of natural justice the said order of the Divisional Commissioner not being legal and that said illegal order of......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
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