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Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....terference by this Court in the exercise of revisional authority under section 115 of the Code of Civil Procedure. 5. The entire body of procedural law is meant for advancement of the cause of justice and not to pose any technical difficulty in the way of the Court to do complete justice betw...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....unal arbitrarily fixed the professional income at Taka 70,000.00 and 48,000.00 respectively without any basis and hence this cannot be sustained in law as the same is against the principle of natural justice. Considering the facts and circumstances of the Case and submission made by the learned Advo......ials on record illegally added the income of building. The learned Advocate further submits that as usual the learned assessee advocate did not maintain any books of account and failed to produce any documentary evidence in support of his declared income and the Assistant Commissioner estimated his ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......med the BSRS of the companies acceptance of the alternative proposal as mentioned in the letter dated 16-4-98 Annexure-J. The respondent No.3 wrote to BSRS on 12-5-98 and 21-6-98 to draw up necessary documents and to complete the legal formalities as soon as possible reply was received by the respon..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....the execution Court committed serious error of law in rejecting the application for dismissal of the time barred execution proceeding which resulted in an error in its decision occasioning failure of justice. In the result, the Rule is made absolute. No order as to cost. Money Execution Case No. 76 ......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ration and others and Vayyapuri Kuppusauni and others Vs. State of Maharastra and others reported in AIR 1986 Supreme Court 180 wherefrom he shows some observations as regard the principle of natural justice. Observation is as below- “In our view the principles of natural justice know of no...... have been allotted to different persons in connection with Rupnagar Project as evident from Annexure 3 series and 4 series filed by the respondent Nos.1 and 2. Nothing could be shown by any specific document and papers that Government ever undertook any definite Programme for the rehabilitation of ..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......the proceeding of the suit. 16. I have perused the judgments of the Courts below and the revision application upon which the above Rule was issued. I have also examined the evidence, both oral and documentary, on record. 17. The Case of the plaintiffs-petitioners is that, Kashem Au and Sarujo ..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....te delay in the absence of an application under section 5 of the Limitation Act. He finally submits that both the Courts below committed serious error of law in their decisions occasioning failure of justice in allowing the review. In support of his submissions, he also cited the decisions reported ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....urt with extraordinary power of being the complainant, the prosecution and the judge. The purpose in wielding the Court with such power is to maintain and uphold the dignity and prestige of Courts of justice. The reason is, in the words of ID Dua, J in the Case Captain Gurbakhsh Singh Vs. State, AIR......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....he building and the costs for demolition would be recovered from him as a occupier of the house; that on receipt of the said impugned order the petitioner by Annexure-I served a telegraphic demand of justice on 27-12-1999 but no reply was received and thereby the tenant petitioners being aggrieved b......t the petitioners made unauthorised construction in his house.
21. In order to appreciate the above submission of the learned Advocate for respondent No. 4 let us now shortly consider relevant documents filed in his affidavit-in-opposition. By Annexure-1 dated 15-6-1997 was issued by the resp..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....provisions of Order 7 rule 11 of the Code of Civil Procedure, considering the facts and circumstances of the Case, the Court can exercise its inherent power in order to settle the dispute for ends of justice. Nurul Huq further submits that in the earlier suit the trial Court held that not only the p......er suit the land of CS Khatian No. 4300 Ja, CS plot No. 371 was shown as 94 shatangsha and the plaintiffs’ claim that out of 94 shatangsha the defendants purchased only 0.0090 ajutangsha by several documents in the year 1954- 55. Since the defendants purchased a small portion of land by several do..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....int made by the Court concerned. The purpose for which the restriction was imposed is that, that Court which is in better position to form an opinion on materials before it whether in the interest of justice, it is necessary to make a complaint against the person or persons who have committed the of......described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of suc..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....ss of the Conciliation Committee and as such, the judgment and order dated 078.08.2008 making the Rule absolute and imposing cost on the writ-respondent No.8 is liable to be set aside for the ends of justice. 6. It appears from the record that writ-respondent No.5, Military Estate Officer alr......pposition stating, inter alia, that he already gifted the aforesaid flat by virtue of a notarized affidavit dated 24 February, 2005 to his only daughter respondent No.9, Shahreen Shahid. He found the document of oral gift in favour of the respondent No.1 from the Military Executive Officer, which wa..Category: Property Law | Date: | Hits: 26
Azam Reza Vs. State, 2010, 39 CLC (AD)
....on on the head of the deceased which resulted her instantaneous death. The accused has three minor children and an invalid first wife. In view of these facts and circumstances we are of the view that justice will be met if the sentence of death awarded to the accused is commuted to imprisonment fo......evidence the accused was examined under Section 342 of the Code of Criminal Procedure, when he submitted a written statement contending that the deceased committed suicide by hanging. He filed some documents including the certified copies of the statements of his domestic helps Alpana, Nurunnahar,..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....tim which are found to be simple in nature, we are of the view that the conviction under Section-307/34 be upheld but the sentence of life imprisonment be reduced to 10(ten) years to meet the ends of justice, on modification of the sentence awarded and therefore the conviction and the sentence und...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..Category: Criminal Law | Date: | Hits: 45
.... and order of the High Court Division and other papers on record.
13. It appears that the High Court Division granted the respondent No. 1 2(two) weeks time to submit written statement for ends of justice. The order of the High Court Division has not caused any prejudice to the petitioner and the......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
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Category: Election Law | Date: | Hits: 116
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....h and the date of filing the suit it is very much within the limitation period and therefore, there is error of law apparent on the face of the record which is required to be reviewed for the ends of justice. He further submits that this court failed to appreciate the facts and circumstances of ......o right, title and interest in the suit property. 4. The plaintiff adduced three witnesses and the defendant adduced four witnesses in support of their respective cases. The plaintiff produced documents, proved and marked as exhibits 1-4 and the defendant produced documents, proved and marked..Category: Property Law | Date: | Hits: 21
....ided to hear the matter afresh as two of its members being subsequently appointed, they were not aware of the contents of the earlier proceedings and felt that the entire matter be heard afresh to do justice.
10. The arbitration tribunal framed as many as 18 issues to decide the claim and the cou......e respondents had failed to prove the two criteria essential for claiming loss of goodwill or reputation: the first one is the actual occurrence of pecuniary loss-the respondent failed to produce any documents supporting such loss and secondly such loss was within the contemplation of the defaulting..
Category: Alternative Dispute Resolution | Date: | Hits: 207
....lat passed the order for civil imprisonment ex parte without providing any opportunity of hearing to the judgment-debtor-the writ petitioner, which is ex-facie a violation of the principle of natural justice and thus the High Court Division acted illegally in passing the impugned order.
5. We......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
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Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....espondent No. 1, therefore, refused to refer the dispute to the Election Commission as required under Article 66(4) of the Constitution. 6. Each of the petitioners, thereafter served a demand of justice notice upon the respondent No. 1 but have not received any reply (Annexures G-G1). 7. T......(V of 1908) in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination o..Category: Constitutional Law | Date: | Hits: 171
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