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Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....4/- (Taka two crore twenty six lac thirty four thousand nine hundred eighty four and paisa fifty four) only. 19. He further submits that the High Court Division erred in law occasioning failure of justice by directing the petitioner-respondent Titas Gas Company to restore the gas line of the oppo......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 82

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....ndamental aim of the state to realise through the democratic process a socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;” 17. This paragraph ......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..

Category: Environmental Law | Date: | Hits: 345

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....ate Judge was manifestly wrong in refusing pre-emption without carefully considering the facts and circumstances of the Case and the law bearing on the subject, and the same has occasioned failure of justice 8. M A Jalil, the learned Advocate appearing for the contesting opposite parties, on ......executed on 20-7-1991 without containing any recital for re-conveyance and the so-called unregistered deeds of agreement for re-conveyance having not being executed on 20-7-1991 to be contemporaneous documents but subsequent thereto, the learned Subordinate Judge was manifestly wrong in refusing pre..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....suit. 10. Learned Assistant Judge by the order under challenge in the Civil Revision petition allowed the same. In recording that order the learned Assistant Judge only held that to secure ends of justice the prayer was allowed. 11. Feeling dissatisfied the defendant petitioner invoked this co......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

.... Procedure does not formulate any new doctrine but only a legislative recognition of the well known doctrine and principle, that every Court has inherent power ex debito justitiae and to do that real justice for the administration of which alone it exists. Under Section 151 of the Code all Courts in......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....ubstance of the contentions advanced from the side of petitioners is that Government interest being public interest cannot be allowed to suffer for the laches of individuals and to secure the ends of justice the appeal might be heard on condonation of delay. 13. Countering the said contention it ......uit property. Learned District Judge by order No.14 dated 23-4-1999 allowed plaintiff respondent’s application for taking additional evidence. Md. Aswab, plaintiff No.1 was examined as PW 1 and the document filed before the learned District Judge were marked as Exhibit-8 series by order No. 18 dat..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....hid and another Vs. Abdul Barik and another reported in 94 BLD (AD) page 83. In view of those decisions, I am of the opinion that both the courts below com­mitted error in law occasioning failure of justice in holding that the present plain­tiffs were aware about the proceeding of Title Suit No.16...... and 24 examined one witness, the defendant Nos.4, 5, 14, 15 and 22 examined one witness and the defendant Nos.16-19 examined one witness in support of their respective claims. The parties also filed documents marked ex­hibits. 6. The High Court Division appears to have discussed the evidence on..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......d perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 20. It appears that the High Court Division rightly held that the plaintiff has no document of title in respect of 730.20 square yards of land and in fact the plaintiff purchased only..

Category: Property Law | Date: | Hits: 44

Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)

.... Court) this writ petition can not be enter­tained. In reply to the said submission, the learned Advocate for the petitioner submits that an opportunity may be given to the petitioner for ends of justice. The petitioner should be given a scope to surrender before the Court of law. Considering......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ..

Category: Anti-Corruption Laws | Date: | Hits: 266

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 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. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......ble to be dismissed. 4. Mr. Md. Mozammel Haque, learned Advocate, appearing for the petitioners submitted that the certified copies of the registered pattan dated 23.04.1945 which is the basic document of title of the plaintiff for the suit land was filed in the Court of Appeal below by which..

Category: Property Law | Date: | Hits: 28

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....re allowed then the Courts authority will be undermined to the estimation of the public in general. What a Court of law is concerned with is that it should not permit anyone to poison the fountain of justice before it begins to flow. 9. The views of the learned Single Judge that no co-sharer shou......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..

Category: Property Law | Date: | Hits: 84

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....e which has adversely affected the independence of the Judiciary, the Bar, the litigants, the lawyers and the feelings of the community and this threat is real. It is asserted that the right to equal justice, equal protection of law and the due process is dependent primarily on the delicate balance ......the learned Advocate appearing for the petitioners, submitted that the Proclamation of Independence dated 10th of April 1971 was made when the war of independence began. The essential feature of this document is the supreme will of the people, i.e. people's sovereignty and to "ensure for the people ..

Category: Constitutional Law | Date: | Hits: 126

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..

Category: Business or Commercial Law | Date: | Hits: 204

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

....ed in 41 DLR 262 that material suppression of fact is enough for setting aside the order of temporary injunction. The injunction being a form of equitable relief should be issued in aid or equity and justice and in the present Case the respondents have not approached the learned Subordinate Judge wi......ctor Company Secretary and Director of the company respectively and it is also the Case of the plaintiff that appellant No.1 wrote to respondent No. 2 on 2-5-99 asking him to hand over all papers and documents of the company on or before 9-5-99. Thereafter the respondents instituted the present suit..

Category: Business or Commercial Law | Date: | Hits: 207

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....enor and contents of the articles tend to reveal the real facts of a sensational Case and lead the public to believe that even in the Metropolitan Courts of Session, one is highly doubtful of getting justice. 9. The substance of the information furnished in the aforesaid articles are that the......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..

Category: Criminal Law | Date: | Hits: 189

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

....ould be denied which the appellate Court considers should be allowed within the framework of the suit. The Rule frees the Court from the tentacles of the procedural law and empowers it to do complete justice. Ends of law are justice and the paramount duty of the Court is to ensure and uphold the ban...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..

Category: Family Law | Date: | Hits: 152

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... criticism is a public way: the wrong-headed are permitted to err therein: Provided that the members of the public abstain from imputing improper motives to those taking part in the administration of justice, and as genuinely exercising a right of criticism not acting in malice or attesting to impai...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..

Category: Criminal Law | Date: | Hits: 49

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....ling of the title appeal, the appellate Court is hereby directed to dispose of the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..

Category: Property Law | Date: | Hits: 29

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....l Procedure Code. The section says: “Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court”. The learned Assistant Judge h......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..

Category: Civil Law | Date: | Hits: 80

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

....e impugned judgment without discussing and considering any evidence of the witnesses examined by the prosecution in contravention of the clear provisions of law and the same has occasioned failure of justice. The learned Advocate further submits that the conviction of the accused petitioners under s......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..

Category: Criminal Law | Date: | Hits: 60