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Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....examined in support of case made out by defendant-opposite parties. The order under challenge, thus, suffers from patent illegality, perversity and a flagrant error of law and by the error failure of justice has been occasioned plaintiff-petitioner. 21. Before parting I like to record an observat......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
....bordinate Judge evidently erred in law in allowing the amendment of the plaint for incorporating new claims for damages which are evidently barred by limitation and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge and Commercial Cour...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....s of 555 named persons from Electoral Roll and learned appellate Judge committed grave error in declaring election of the office of Chairman of Union Parishad as a whole void and by this a failure of justice has been occasioned. No authority could be placed from the side of petitioner in support of ......of those voters and authority accordingly, cancelled those false voters from voter list. Further stand taken was that polling of all 10 centers had been held peacefully. 12. Evidence both oral and documentary had been led in support of the respective contentions of the parties. Petitioner examine..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....es. 7. The learned Advocate on both the sides submit that instead of sending the Case back to the trial Court on remand for trial afresh for the second time, the Appellate Court in the interest of justice, ought to have decided the matters himself once and for all. As such, instead of sending the......f a stamp paper with Khalil Raj was disbelieved, that the defendant No.1 also failed to prove that the plaintiff had stolen the stamp paper, that on consideration of evidence on record, both oral and documentary, the learned Munsif found that the bainapatra Exhibit 2 was executed by the defendant No..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......cted against order Nos.28 and 29 dated 24-6-1992 and 6-7-1992 respectively by the learned Senior Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in the suit, for o..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....5. In the background of what has been held above. I find that the learned Subordinate Judge has committed an error of law in passing the impugned order and as a result there has been a miscarriage of justice. The defendant-petitioner being a co-sharer to the suit land has a right to safeguard her at......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... the limit of any Nikah Registrar within the permissible-limit of area without any notice, even in the case of permanent Nikah Registrar. 58. In view of the above, neither the principle of natural justice nor question of vested right arises in the way of passing an order for curtailment of the ar......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....ision having thus been protected thereunder, the same power cannot be interfered with by an ordinary legislation and that the High Court Division is not powerless to correct any error and eliminate injustice He further submits with reference to the same that the learned Sessions Judge acting under s......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
....
9. The Trial Court, after hearing the applications and on perusal of the record, was pleased to allow the applications and order to add them as defendant Nos.4 and 5 in the suit in the interest of justice by its order passed on the same date i.e. 04-01-2001 which is impugned in the subsequent Rul......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
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Category: Civil Law | Date: | Hits: 84
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....dently erred in law going beyond the decree by exempting 60% of the interest on the principal amount and by granting instilments much beyond the prescribed time and the same has occasioned failure of justice. 6. No one appears to oppose the Rule. 7. The learned Advocate appearing for the petit......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
.... Act. In the instant Case the impugned judgment and order as it appears does not suffer from any infirmity and therefore calls for no interference by this Court. Besides, there has been no failure of justice because of the impugned order, 13. Mr Samad lastly, submits that the appellate Court ough......writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed. 4. By the impugned order the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compared with the admitted LTI of the plai..Category: Procedural Law | Date: | Hits: 90
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....t serving any notice to the plaintiff respondents or giving any chance of hearing to the plaintiff respondents depriving them from their legal right of hearing which has occasioned serious failure of justice. He further submits that the learned Court after considering all the facts, circumstances, t......testing defendants from entering into the suit land and from dispossessing the plaintiffs from the Suit land. 5. The learned trial Court after considering the facts and circumstances, perusing the documents of both sides and the Commissioners Report granted ad interim injunction restraining the d..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
.... by the language as above. Thus, the forward requisite is that the order under review suffers from an error apparent on the face of the order and possessing the same to stand would lead to failure of justice. A review application cannot be allowed to be an appeal in disguise. In view of the abo......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
.... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......f fact nevertheless set aside the judgment and decrees of the Courts below. The learned Counsel further submitted that the defendant having examined the D.W.1 and he having not denied the recitals of document of 1932 in which Sekendar Ali mentioned Jahur Ali, the predecessor in interest of the plain..Category: Property Law | Date: | Hits: 45
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....onsider that the suit was filed alleging possession in the suit land through Court hence the decree for khas possession without alleging dispossession is a mistake of law occasioning failure of justice. The learned Counsel further submitted that the High Court Division failed to consider that ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...Category: Property Law | Date: | Hits: 23
....of their deeds and in the absence of original deeds, they may be afforded an opportunity to examine them and accordingly, the suit may be remanded to the trial Court for fresh hearing for ends of justice. Learned Advocate further submits that the defendant No.6 has already allotted lands to diff......endant's predecessor-in-interest Younus Miah and registered sale deed dated 19.09.1978 executed and registered by Younus Miah in favour of Mosst. Mahmuda Khatun and others are forged and fabricated documents and have been made through impersonating the deceased Kabir Ahmed through fictitious perso..
Category: Property Law | Date: | Hits: 38
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
.... in respect of driving which had been clearly stated before the enquiry officer as such the labour court has acted with lawful authority allowed the case to the effect that the principle of natural justice has been denied to the petitioner while dismissing him from service inasmuch as the petition......ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481...Category: Labour and Industrial Law | Date: | Hits: 79
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478.......plaintiff’s case is liable to be dismissed with cost. 5. The Monirampur Upazila Munsif Adalat, Monirampur, Jessore on due consideration and assessment of 3(three) P.Ws. and 3 (three) D.Ws. and documents submitted by both the parties in the judgment and decree dated 30.08.1987 in Title Suit ..Category: Property Law | Date: | Hits: 27
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... which the S.A. Khatian numbers were inserted although S.A. operation started after the abolition of Zamindary system and finally published in 1962 A.D. the High Court Division overlooked that in a document of 1944, 1945 and 1946 A.D. the number came in the year 1962 inserted upon fraudulent act a..Category: Property Law | Date: | Hits: 91
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....ring to the writ petitioner but the petitioner got no chance of hearing on merit of the writ petition at the time of hearing of application for restoration which is against the principle of natural justice and as such the impugned order is liable to be set aside for the ends of justice. The abo......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..Category: Election Law | Date: | Hits: 92
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