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State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... General for the State and Mr. Khandaker Mahbub Hossain for the accused respondent. 7. There is no period of limitation for starting a criminal proceeding for bringing the criminals to justice. But care should be taken to start a criminal case within a reasonable period of time to a...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ch resulted with the passing of an ex parte decree adversely effecting the vital interest of the Government in respect of a vast tract of notified government forest land and as such for the ends of justice the ex parte decree should be set aside. 8. Mr. A. W. Bhuiyan, learned Additional A......lly defaulted in making appearance in the suit because there was no gazette notification declaring the suit property as a reserved forest. Considering the oral evidence of one P.W. Two D.Ws and the documentary evidence the trial Court decreed the suit. On an appeal, preferred by defendant respon..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... Division was only concerned with the question as to whether the lower court in giving that finding committed any error of law resulting in an error in the decision occasioning failure of justice, and the last submission that the High Court Division committed an error of law in ho...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ate documents and these require strict proof for being admitted in evidence. In view of the discussion above, we are of the view that the courts below committed error of law occasioning failure of justice in decreeing the plaintiffs suit and this requires interference by this court. The ap......eenur and others reported in 35 DLR (AD) 216. 20. Regarding maintainability of the suit, he submitted that the plaintiffs have already produced papers showing payment of rent and rent receipts are documents of possession. Therefore, a simple suit for permanent injunction at the instance of the ..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.....89. Respondent No. 2 did not dispute the correctness of such statement of the mill authority. It can safely be said that the mill authority had sufficiently complied with the rule of natural justice before the impugned order of discharge was passed. It is also evident from the report of th......lleged physical incapacity. 9. Mr. Faruque Ahmed, learned Advocate-on-Record appearing for respondent No. 2 on the other hand submits that the Labour Court on consideration of both oral and documentary evidence, adduced by respondent No. 2, having rightly held that the ground of disc..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....n produced at the hearing of the leave petition and had they been produced the impugned part of the order would not have been passed. This has, learned Counsel submits, resulted in a miscarriage of justice calling for a review of that part of the order in C.P.L.A. No. 425 of 1995 which relates to......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
.... He alleged that the proceeding and the order of his dismissal were violative of regulation 28 of the Service Regulations. The Tribunal found no illegality or violation of the principle of natural justice in the departmental proceeding and accordingly dismissed the case. On appeal, being No. 52 ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......as enemy property and 7 or abandoned property and Sarna Kumari had no authority to enter into a Contract for sale of the suit property with defendant No. 1 and the bainapatra was a fraudulent document and the decree passed in O. C. Suit No. 35 of 1969 for specific performance of contract wa..Category: Property Law | Date: | Hits: 23
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....n as well on the ground of violation of Universal Declaration of Human Rights as recognized under Article 13 of the Universal Declaration of Human Rights and also on violation of principle of natural justice and on mala fide. The High Court Division by the impugned judgment and order summarily dismi......c interest. A passport authority according to Article 2(d) of the Order means an officer or authority empowered under rules made under the Bangladesh Passport Order, 1973 to issue passports or travel documents. Secretary, Ministry of Home Affairs is a passport authority within the meaning of Art. ..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....s is a fit case for review not for upsetting the law laid down by this Court but for taking a differential view in the particular facts and circumstances of the present case to meet the ends of justice." 4. It is clear from the above and has been made further clear by Dr. Kama......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ssessed the land in suit, that plaintiff No. 1 was the lisencee of the defendant No. 1 in a portion of the suit property and the plaintiff No. 1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the Su..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....e the lower Court passes a juridical order in exercise of its discretion, the High Court Division should be reluctant to interfere with such order unless there has been an absolute failure of justice in the case" and upon such observation the rule was discharged. 5. Leave was g......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....both the trial Court and the lower Appellate Court concurrently found. That the consideration was paid, but this finding of fact has been illegally disturbed in second appeal causing miscarriage of justice. Mr. Pal further contends that the learned Single Judge illegally interfered with the othe......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......85 (VIII of 1885), Section 3 (17) ‘Bargadar’ ‘adhiar’ are not tenants but they can become Tenants when they are admitted as tenants by the landlords evidenced by any document executed by him or executed in his behalf, or if he has been held as a tenant by a Civil C..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ...... July 3, 1985. The Registration Act, 1908 (XVI of 1908), section 77 In a suit under section 77 of the Registration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....opy for factors beyond his control, such as, if the copy is not prepared or issued by the Court concerned, his right to appeal or revision will be defeated. So, it also a matter of common sense and justice that the period spent in obtaining a copy of the judgment or order should be excluded in com......Karachi. In due course she received a notice of the allegation and filed an objection before the Administrator denying the allegation. But the Administrator after hearing the parties and perusing documents and considering a report of inquiry passed an order on 1 November 1974 removing her from t..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... plots Nos.1071 and 1072 but also included plot No. 580 an area of .02 decimals of mouza Kanakpur under P. S. Kashiani The plaintiff contended that the defendant 2 by his fraudulent and fictitious document was threatening the forcible possession. Hence this suit. The defendant No. 2 ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....It is the judicial mind that tilts in favour of the accused because circumstance and evidence in the case raises a doubt in the prosecution case when these circumstances are weighed in the scale of justice. The trial courts had the advantage of observing the demeanour of witnesses who stood the te......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
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