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Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......1-8-97, he found that the certified copies of the Exhibits. A and B filed before the Hon’ble High Court Division on 2-11-1994 were forged, fabricated and false and on consideration of the said fake documents, the superior Courts ultimately dismissed his suit. The plaintiff further alleged that aft..Category: Property Law | Date: | Hits: 64
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....uct can be well termed as neurotic explosion causing morals degradation among the younger generation. It is, pertinent to bear in mind that we cannot act beyond the provision set by law to meting out justice. 21. On careful appraisal of the law relating to the Act, it appears that subsequently, t......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....k Application No. 1 of 2001 and many other cases pending between the petitioner and the said company and effect of this order that amounts to contempt of Court inasmuch as it obstructed the course of justice. In support of his contention Mr. Samad relies on the decision reported in 15 DLR (SC) 355, ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
.... by the opposite parties appellant-bank in defiance of the terms of the agreement, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice. He further submits that the learned Subordinate Judge committed an error of law in the deci......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......udge from using his own eyes and looking at the admitted LTIs or signature along with disputed LTI or signature for deciding whether the evidence that has been given as regards the genuineness of the document should be believed or not. Court can do it under section 73 of the Evidence Act. The Court ..Category: Property Law | Date: | Hits: 28
Kashem Vs. State, 2001, 30 CLC (HCD)
....allow countless absurdities landing us in the wonderland. We must not be oblivious of the fact that procedural laws are enacted in aid of the substantive laws and are designed to advance the cause of justice and not to obstruct it, No technicalities should, therefore, be allowed to stand in the way ......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....or recovery of khas possession in the suit property, the question of wilful disobedience or violation does not arise and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no provision for adducing any evid...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
State Vs. Moslem, 2002, 31 CLC (HCD)
....rain of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularly, i......under any circumstances, whether voluntary or involuntary while section 26 shuts out confessions made in police custody, except those made in the presence of a Magistrate. A confession may be oral or documentary. Confessions may be divided into two Classes: Judicial and extra‑judicial. A judicial ..Category: Criminal Law | Date: | Hits: 82
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... aside.
4. Learned Advocate for the opposite party No.1 submitted that as the learned Magistrate gave importance to the question of appointment of Mohanta without giving importance to the oral and documentary evidence of possession learned Additional Sessions Judge rightly set aside the judgment ..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
.... invoking the Courts inherent power under section 151 of the Code and the learned Subordinate Judge committed a substantial error of law resulting in an error in the decision occasioning a failure of justice in not vacating the order staying the execution proceeding. (b) provision of Order 21 rul......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
.... appointment of temporary Nikah Registrar for No. 4 Bakai Union along with other areas.
3. Being aggrieved by the aforesaid notice the petitioner served a legal notice to the respondents demanding justice by way of rescinding the decision of the aforesaid impugned notice by Annexures ‘A’ and ......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......nowing the contents of the hukumnama put his signature in the hukumnama as witness. Section 91 of the Evidence Act excluded oral evidence in respect of a grant which has been reduced in the form of a document and no oral evidence can be allowed to prove otherwise. Section 91 reads as follows: “..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....rror of law in reversing the judgment and decree of the trial Court without having regard to the frame of the suit and the evidences on record which is an error in the decision occasioning failure of justice. 9. Learned Advocate further submits that the appellate Court committed error of law in h...... By alleged purchase the plaintiff did not acquire title or possession in the suit land and prayed for dismissal of the suit. 5. The learned Assistant Judge considering the evidences both oral and documentary on record decreed the suit with cost. 6. Being dissatisfied with the aforesaid Judgme..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......her goods of similar nature, that is DOP, was filled up in the drum instead of finishing agent. Customs duties were paid by the appellant according to the invoice, letter of credit and other shipping documents but at the time of taking delivery of the goods it was detected by the customs detective t..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....re setting aside the tender of the petitioner without any prayer in Writ Petition No. 2172 of 2004 or in C.A. No. 175 of 2007 in C.P. No.290 of 2007 is erroneous and liable to be reviewed for ends of justice. 15. It appears that while disposing of the appeal this Court considered attending circum......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....sly. The letter writer did not describe himself either as an Advocate or as a litigant or as a writer or scholar in law. He was a non-descript person venturing into the field of administration of justice. The contemner Nos. 2-4 ought to realise that even though it has become an unfortunate pract......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....necessary, because Article 104 of the Constitution provides that "the Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the a......." 9. It is the petitioners' contention that they have of late obtained a certified copy of a sale deed dated 22.6.59 by which the plaintiff Nos. 1 and 2 sold some land to one Abdul Khaleque. This document shows that their father Abdul Motaleb was dead on the date of execution of the document. Ab..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....ent Court in a declaratory Suit of this nature as to the legality or illegality of the same which the Courts below have failed to exercise by taking a wrong view of the law occasioning a failure of justice which need be cured in exercise of the power under this Court's Revisional jurisdiction. ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....er liable for the offence of committing abetment. Non-consideration of such a vital element of law while convicting the present accused petitioner, has caused serious prejudice occasioning failure of justice and therefore the order of conviction and sentence are liable to be set aside, Accordingly......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ..Category: Criminal Law | Date: | Hits: 38
....f Appeal below for proper adjudication of the matter admitted the deed of contract into additional evidence and in doing so, it had committed no error of law resulting an error occasioning failure of justice. The High Court Division considered the pros and cons of the matter and rightly affirmed the......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
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