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Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....elf. Since the power to review has been conferred by the Constitution, it cannot be negatived if the Court wants to exercise this power on its own ………..(40) The expressions “doing complete justice” as occurring in Article 4 of the Constitution are of great significance. Their importance......may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document." 18. Read together, these two articles namely, Article 104 and Article 105 of the Cons..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......solutely nothing to connect Amir Hossain with the murder. It is not unlikely that the thumb impression was obtained by the maker of the confession himself so as to use the thumb impression on any; document for, the purpose of laying claim upon the property and it is in evidence that he is the br..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... 1940 (XXIII of 1940), and any, other law for the time being in force shall have effect notwithstanding anything to the contrary in that Act or in any such law or in any contract, agreement or document. Section 3(2) provides that the words and expressions used but not denned in the Or..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......ualifications. In putting his construction upon the-terms "the agents, dealers and distributors of Burma Eastern, and Jamuna Petroleum, Pump Marketing Ltd.", he submitted that reading the document as a whole it would, be an absurdity to say that they meant that, the tenderer must be all..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....case on remand for a re-trial of the case on framing on appropriate charge against him, but it was not done. The Appellate Division of the Supreme Court held that there has been a failure of justice due to son-framing of charge under section 304 of the Penal Code and in the circumstances ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... No.1 appears in the plaint the present description is only a clerical mistake which can be amended at any time without any prejudice to the plaintiff and for the ends of justice we cannot see our way to allow the defendants to take advantage of such an accidental slip...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....; Act or arises by necessary and distinct implication” - Per Shahabuddin Ahmed J.……………..(24) On the ground of equity and justice the appellant's vested right by court-sale should not have been af......existence before his purchase. The trial Court dismissed the suit on finding that Ext. A, the kabala executed by Jogesh Chandra Das in favour of the defendant-respondent, was genuine and bona-fide document, not collusive and ante-dated as alleged by plaintiff-appellate. Further, though Jogesh Ch..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......llow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable. Where it is found after taking evidence that certain documents are null and void being fraudulent such document may be cancelled after declaring those n..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
.... The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parties to do complete justice while disposing an appeal. But this power requires to be exercised only in furthering the e......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... 1 of 2001. 5. Mr. Nurul Islam Bhuiyan, learned Advocate-on-record, appearing for the petitioner submitted that the High Court Division committed a grave error of law, occasioning failure of justice not finding to the effect that the petitioner has purchased the property by saf-kabal...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....ts committed cold-blooded murder of the victim to remove the obstacle in carrying out their indecent and immoral love affairs. Hence the impugned judgment deserves interference for the ends of justice. 7. We are not impressed by the submissions made by the Deputy Attorney General......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....ds of the above mentioned memo but the petitioner corporation has not yet received any reply in the matter. 7. The petitioner Corporation through their learned Advocate sent notice demanding justice to the respondent on 24.05.200; with a request to withdraw, cancel and rescind the impugned......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
.... respondent No.1. The petitioner along with others made several representations to grant pension to them but without any result. Finally, the petitioner served notice upon respondent No.2 demanding justice. Though the notice was duly served no action was taken. The petitioner completed pension a......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... passed the impugned judgment and order declaring the proceeding as well as the conviction as illegal and without jurisdiction. 5. Admittedly, the respondent No. 1-writ-petitioner is fugitive from justice. Moreover, the facts made in affidavit-in-opposition has not been controverted by filing aff...... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Revenue Officer which has resulted a failure of justice because the finding and decision of the Revenue Court is not binding upon the Civil Co......;mise petition it show that the fact of auction purchase and settlement in favour of defendant Nos.1 and 2's predecessor was admitted in the said compromise petition. It appears from the other documents produced by the defendant Nos. 1 and 2 that they have been in possession in the suit..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....79;েই দোকান বুঝাইয়া দেওয়া হইবে.” 19. So ends of justice will be met if the above undertakings of the respondents are implemented. The petitioners ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... Air Conditioner at a total C & F Value of US$ 9,712.00. 3. On arrival of the goods, the writ petitioner presented Bill of Entry No.025572 dated 1.10.1999 along with all papers and documents for release of the said goods on the basis of SRO No.126/AIN/99/1789/CUS dated 10.6.1999...Category: Fiscal/Taxation Law | Date: | Hits: 62
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....uffers from no infirmity and depends upon the absolute discretion of the Court concerned. The jurisdictional problem sought to be raised in the instant cause could not cause any miscarriage of justice, rather it will enhance the cause of justice. Had it been a case that a Single Bench is in ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..Category: Property Law | Date: | Hits: 32
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