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....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......without being required to pay taxes and duties immediately upon the arrival of the goods in the country. In response, the respondent No. 5 wrote to petitioner on 14-8-2000 and requested it to furnish documents showing that it had a paid up capital of 10 crore takas. It was advised that without such ..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....gation against him which adversely affected the petitioner’s career and reputation. Such cancellation without giving an opportunity to the petitioner to be heard is against the principle of natural justice. It was done mala fide and for collateral purpose. A copy of the impugned Memo dated 13-9-19......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....nctioning cash credit on the one hand the IDA credit ought not to have been taken back that is, giving by one hand and taking away by another hand which is not legal and against the canons of natural justice. This cash credit was required by the plaintiff for running the mill. He never applied for t......d if the plaintiff fails to repay the installments in due time he will be bound to repay the entire amount to the bank and the plaintiff accepted the proposal of the bank by putting signatures in the documents and it was stipulated that the 1st instalment was to be paid in June 1985. Their further c..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... in their favour and, as such, the appellate Court committed an error of law in not allowing the application for withdrawal under Order 23 rule 1 of the Code of Civil Procedure occasioning failure of justice. 7. Mr. Moazzem Hossain, the learned Advocate for the opposite parties, contends that the...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..Category: Property Law | Date: | Hits: 30
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......uit land. It further appears that the Court of Settlement in dismissing the case No.1084 of 1992 held after the consideration of the papers filed by the office of the Deputy Commissioner and also the documents of the petitioners that the case house is not abandoned house and that the case house orig..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....stated before. In discharge of its constitutional duties Bangladesh Public Service Commission did not do any wrong and whatever is done under the prevailing laws and rules concerned is to ensure fair justice to all job seeking candidates of the whole country. The whole thing was done with lawful aut......foresaid instructions collected and submitted the provisional certificates evidencing that they are the children of the freedom fighters. The respondent No. 1 being satisfied as to qualifications and documentations issued Admit Cards to each of the aforesaid 292 examinees along with other qualified ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... to the property. Despite notice given to the respondents, the respondents did not care to take up the case of the petitioners for consideration, thereafter, the petitioners served a notice demanding justice on 2411-2001 for mitigating their grievance. In supplementary affidavits filed by all the ......r the owners nor the affected family, as such, they cannot claim allotment of residential plots as the right to allotment will depend on the internal policy of RAJUK. After scrutiny of the papers and documents some application were found to be genuine affected persons and they have already been allo..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....or aforesaid reasons, the judgment and decree of the court of appeal below, which reversed those of the trial Court cannot be sustained in law, which no doubt resulted in error occasioning failure of justice. 26. In the result, the Rule is made absolute without, however, any order as to cos......ort of his case, the plaintiff examined three witnesses including him while defendant No. 5 examined one as his caretaker. Defendant Nos. 1 and 2, however, ultimately did not examine any witness. The documents adduced by the plaintiff were marked Exhibits 1 to 3. But no paper was produced on behalf ..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
.... on record as well as the possession of the case properly and documents in respect of the bona fide transfer of the property and thereupon, the impugned judgment and order has occasioned a failure of justice. 11. No affidavit-in-opposition has been filed by the respondents although notice of the......ners. He further submits that the Court of Settlement erred in law and acted most illegally and mala fide in not considering the materials on record as well as the possession of the case properly and documents in respect of the bona fide transfer of the property and thereupon, the impugned judgment ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....e Employment of Labour (Standing Orders) Act, 1965 and, as such, the suit was not barred under that Act and the order of his dismissal from service was passed in violation of the principle of natural justice as he was not given an opportunity of being heard and, as such, the dismissal order was ille......e submitted his reply on 3-6-1990. The defendant No.6, the Vice-President of the Bank, by a letter dated 23-6-1990 illegally asked him to appear before him at Khulna with all the necessary papers and documents for the purpose of enquiry. He on receipt of such notice informed the defendant No. 6 that..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....impugned judgment and decree allowing the appeal and reversing those of the trial Court passed in Other Class Suit No. 82 of 1994 which has resulted in an error in the decision occasioning failure of justice and, as such, the same cannot be sustained in the eye of law. 15. In the result, the ......p to contest the case in spite of service of notices on him and accordingly, on 23-6-72 the Court took up the case for disposal, examined PW 1 Torab Ali, considered the report of the CO (Rev) and the documents marked Exhibits 1 and 2 and the petitioner having made out the case the Court allowed the ..Category: Property Law | Date: | Hits: 32
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....tion materials for recounting of the ballot papers of Ward No. 4. The Election Tribunal heard the application and allowed on the view that recounting of the ballots would be essential for the ends of justice. 6. Against the said order, the elected member made a revision application before the...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below committed any error of law resulting in an error in the decision occasioning failure of justice. 8. At the outset Garib Nawar, the learned Advocate appearing for the pre-emptee petition......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....r. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Abdur Razzaq, Senior Advocate appearing with Mr. Mohammad Hossain, the lear......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....nable to accept the conclusion of the Courts below that the agreement which does not appear to be genuine has transformed the sale into a mortgage and such decision has no doubt occasioned failure of justice. 16. In the result, the Rule is made absolute without however, any order as to cost. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......oth the parties and find that the plaintiff mortgaged 17.5 decimal of land in the local Janata Bank and he became a defaulter and that his land has been attached and it has been sold in auction. This document proves that there was amicable partition among them. In view of that we are constrained to ..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....he evidence and did not consider the material evidence on record while passing the impugned judgment and decree committing an error of law resulting in an error in the decision occasioning failure of justice. The learned Advocate refers the decision in the case of Sadek Ali vs Suruj Ali and others r......jmali out of the suit jote. 4. It is further set forth that Delwar Sheikh never transferred any land out of the suit jote in favour of the defendant No. 1 and if defendant No. 1 will show any such document of transfer, that will be forged and void document; that the plaintiff does not find it con..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....s. He stated that he later found out that accused Roushan took his daughter to the turmeric field and forcibly raped her and that the accused subsequently confessed before the Magistrate. He demanded justice for the rape and murder of his daughter. In his cross-examination, he admitted that in the f......ream society in order to ensure their rehabilitation. Moreso, in our case, since our penal policy is basically reformative and not retributive. 45. We may also refer to the relatively more recent document on the subject: United Nations Guidelines for the Prevention of Juvenile Delinquency ("Th..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....s that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Md. SM Shahjahan, the learned Advocate appearing for the plaintiff-respondent No......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
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