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....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
...... behalf of the respondent Nos. 1 and 2 to oppose the Rule.
5. Mr. Md. Tajul Islam, the learned Advocate appearing on behalf of the petitioners, took us through the impugned order and other annexed documents/papers available on record and submits that the impugned order does not specify upon what ..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ition stating, inter alia, that the writ petition is not maintainable in its present form. The respondent No. 2 employer have complied with the requirements of law including the principles of natural justice by affording the petitioner an opportunity of being heard and he was allowed examination and......elf before the Enquiry Committee. He crossexamined witnesses of the respondent No. 2 Company. He also examined 2 witnesses on his behalf including himself. The petitioner put his signature in all the documents of the proceedings before the Enquiry Committee and the allegations raised against the pet..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....tle and possession in the suit property and, as such, some material facts were not correctly stated in the written statement and therefore some mistakes are necessary to be amended in the interest of justice otherwise, he will suffer irreparable loss and injury. 5. Plaintiff opposed the prayer fo...... a go-bye to the earlier pleadings of joint property equally belonging to this petitioner and other opposite parties as per Partition Deed No. 160 dated 23-12-1958. As a matter of fact, no papers and documents were annexed with the additional written statement and the amendment application showing e..Category: Property Law | Date: | Hits: 42
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....hat the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Sheikh Rezaul Karim, the learned Assistant Attorney-General appearing on behalf ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....nisance of the offence shall take step for trial in accordance with law. In view of the fact that this is a very old case and the accused are in custody, it is absolutely necessary in the interest of justice that it be disposed of with utmost expediency preferable within the stipulated period prescr......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....r passed by the trial Court was bad. both in fact and law, and was a product of mere surmises and conjectures with negligent appraisal of the evidence or record and thus caused a great miscarriage of justice and the sentence passed was too harsh, he had miserably failed to understand that there was ......he aforesaid impugned judgment and order of conviction and sentence this accused appellant has preferred this appeal. 9. Heard the learned Counsels of both the sides and perused the papers and documents. 10. Mr. Shareef Ahmed, the learned Counsel appearing for the accused appellant, ha..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....y special limitation for appeal in case of such trial in absentia as if held ex parte by committing fraud upon the Court by suppressing notice. It would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowledge of the judgment ...... since the inception of this Court that the appeal is to be filed within 30 days from the date of pronouncement of the judgment or from the date of knowledge. 16. On perusal of the papers and document filed by the accused petitioner, it appears that in the instant case first information repo..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
.... the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convicting and sentencing the accused on surmise and conjecture resulting in miscarriage of justice, as such, the conviction and sentence are liable to be set aside. 12. Mrs. Shamim Ara......ppears that all witnesses are interested whose evidence cannot be relied upon. Moreover, the allegation against the accused person that he sold the land outside berry bandh has not been proved by any documentary and reliable witnesses. 35. The most essential ingredients that have to be looked..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....d. The Managing Director also, stated categorically in the meeting of the board of directors on 8-11-1993 that the transfer documents of Mr. Giasuddin Ahmed are in order. Therefore for the sake of justice and equity the board should approve the transfer of the shares to Mr. Giasuddin Ahmed.” ......he Directors of the company considered 46 different transactions involving the transfer of shares for the period when the petitioner had purchased the said 22,000 shares and also lodged all necessary documents for registration of his purchase, but quite deliberately kept the transfer of the shares t..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....as been held that- "The District Judge is a court and if no provision is provided any where in the special statute for granting a relief to an aggrieved party which is required for the ends of justice, he is to follow the procedure laid down in the Civil Procedure Code. So where the facts a...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....ellant Momin Malitha guilty under Section 304 of Part-I of the Penal Code and thus alter his conviction from Section 302 of the Penal Code to Section 304 Part-I of the Penal Code in the interest of justice and accordingly reduce his sentence from transportation for life to a sentence of 10(ten) ye......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
.... filed petition for affording an opportunity to the appellant for cross-examination of the witnesses. It is further submitted that the cross-examination of these witnesses are necessary for ends of justice and for bringing certain facts on record which the prosecution failed to produce. 5. Mr. ......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30...Category: Criminal Law | Date: | Hits: 35
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....s of the judgment. 5. Mr. M. G. Bhuiyan, the learned Advocate appearing for the opposite party No. 1 plaintiff, submitted that the court having committed no error of law occasioning failure of justice, this court would not interfere with the order of rejection which has been passed by the cou......t case the counter affidavit filed by the opposite party Mst. Shamsun Nessa Begum is to the effect that the prior saf-kabla existing in favour of the present petitioner is a forged and fabricated document and all the records of the Sub-Registrar Office having been burnt during the liberation war..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... life and liberty of subject was at stake. As accused Badsha Mollah was given a capital sentence, a careful, cautious and meticulous approach ought to have been made by the Court in the interest of justice. 33. However, regard being had to our above elaborate discussion of the facts and circums...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....titioner had full opportunity to cross-examine the prosecution witness and for non-examination under section 342 was not prejudiced in his trial nor such non-examination has led to miscarriage of justice. 8. The contention of Mr. Moqbul Ahmed that the Court below acted in excess of their juri......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......ated that the contract between the BSRS and the petitioners company dated 29.9.80 regulating the rights and obligations of the parties under the contract for supply of cargo coasters is an undisputed document which does not stipulate importation of new-engines as alleged in the petition of complaint..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
.... Court Division in the fact and circumstances of the case there being no provision to meet the situation arising in the present case had, therefore, fallen upon section 151 C.P.C, to meet the ends of justice." It will appear from the above quoted decision of the Appellate Division in the case of ......turn Commercial Enterprise, Singapore and also to ask the garnishee to substantiate its objection and after hearing both sides in this respect and after examining the evidence including the necessary documents and connected papers to be filed by both the parties the executing Court was to write out ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......ed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit pr..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....nue Deputy Collector has demanded Salami at the rate prevailing in 1955 when part of. Salami was paid though the settlement was given with effect from 1958-59. This is extraordinary and is opposed to justice and equity. If settlement of the land in question is given with effect from 1958-59 salami i......y which settlement of all Government khas land was prohibited and original kabuliyat, Ext. 6 under which the appellant claimed settlement of the disputed land. Thus having considered all the material documents of record he came to the finding that "The original is with the record along with the cert..Category: Property Law | Date: | Hits: 36
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....I do not like to interfere with the same. Section 115 of the Code of Civil Procedure authorises the Court to interfere into the interlocutory order passed by the courts below for securing the ends of justice. 5. The Court has passed the impugned order and this court will not interfere that the im......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ..Category: Procedural Law | Date: | Hits: 111
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