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Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
.... in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..Category: Procedural Law | Date: | Hits: 78
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....ay think fit. (5) The High Court Division shall not adjourn the trial of an election petition for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice. (6) The High Court Division shall try an election petition as expeditiously as......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....the disputed signatures with those of the admitted signatures of said Debendra Chandra Sharma under Section 73 of the Evidence Act which resulted in an error in the decision causing failure of justice in restoring the judgment and decree of the trial Court. 8. Mr. Nikilesh Dutta, the......bendra Chandra Sarma took a plea that his son Gouranga Chandra Sarma (the present plaintiff respondent) had been objecting to such sale and he would not go to Chandina for registration of the document and the document would be registered at Barura Sub-registry office. Accordingly Debendra C..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......before on the finding that the transfer between the pre-emptee appellant and the respondent No.4 was an out and out sale and not an exchange as claimed by the pre-emptee appellant and that the document was described as an exchange deed to defeat the right of pre-emption. 6. On appeal..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....by the learned District Judge we fined that he did not consider the case in this aspect and consequently he has committed an error of law resulting error in his decision occasioning failure of justice." This Division held that this was an erroneous view of the law by the learned Judge o......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......ion for leave to appeal it was submitted that as the appellate court upon scrutinizing the materials on record came to the conclusion that the exchange deed Ext. A of the defendants was a bonafide document and as such the High Court Division in second appeal erred in law "in holding th..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....procedure of Service Rules, 1982 were followed and the enquiry officers, after giving all opportunities as provided in Service rules, 1982 and also complying the provisions of natural justice, found that the charge against the petitioners have been proved and thereafter the co......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
.... of law and facts wrongly held that the Metropolitan Police Commissioner, Dhaka ceased to have jurisdiction for taking disciplinary action against the petitioner (respondent) causing failure of justice. He also submits that the order of compulsory retirement passed against the petitioner is ......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....ing the evidence of the material document Ext. 1 and non consideration of this vital evidence by the final court of fact has resulted in a gross error of law which has occasioned a failure of justice. 11. It is undisputed that the respondent Nos. 1 and 2 are bonafide purchasers for va......uit land sold, the same to then on 30.01.1984 for valuable consideration without any knowledge of the alleged bainapatra in favour of the plaintiff. All the parties led evidence, both oral and documentary in support of their respective cases and the trial court on consideration of the ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 2003, 32 CLC (AD)
....en the petitioner and the victim and in his confessional statement the petitioner categorically stated that there was hot exchange of words between him and the victim in the fateful night, ends of justice will sufficiently be met if the sentence of death is commuted to one of life imprisonment. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ch the writ petitioner relies having been passed without giving opportunity to the employees whose seniority was going to be affected was itself violative of the principles of natural justice and was thus void and cannot be the basis for claiming a vested right and compliance ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....ppellant has already served out sentence for more then 10 and half years i.e. he has served out sentence more than the minimum period of sentence as provided in section 19A of the Arms Act, ends of justice would best be met if the sentence of the appellant is reduced to the period already undergo...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..Category: Criminal Law | Date: | Hits: 41
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....r.P.C. "left no scope for application of Section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice. The further contention of the learned counsel for the appellants was that delay was not exp......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....o the order of the High Court Division in awarding cost of Tk. 10,000/- (ten thousand) upon the plaintiff-petitioners and we are of the view that in the facts and circumstances of the case ends of justice would be met if the plaintiff-petitioners are exempted from payment of the aforesaid cost o...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ..Category: Property Law | Date: | Hits: 25
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....tention of the learned Advocate for the petitioner, considering the submission of the learned Lawyers of the parties and in view of the facts and circumstances of the case feel that for the ends of justice and for proper adjudication of the points involved, the cases should go on remand to the l...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....ence on record. Mr. Ahmed submits that the High Court Division decided the appeal only upon considering the evidence of D. W. 3 and no other evidence and materials on record. The miscarriage of justice is therefore apparent. Mr Ahmed submits that this is a fit case in which this Division sho......7.1.1993 for selling the land at a consideration of Tk. 65,000/- and Tk. 50,000/- was received as earnest money. Thereafter the trial court on consideration of the evidence on record both oral and documentary decreed the suit by judgment dated 30.3.1995. Then the defendant preferred af..Category: Property Law | Date: | Hits: 32
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
.... of dismissal and to restore him to his post the respondent No.1 did not receive any reply from the authority. In the background of the aforesaid facts the Respondent No. 1 served notice demanding justice by way of setting aside the order of dismissal and for restoring him to his post with all b......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....rom his jurisdiction and that the area where in he was acting as Nikah Registrar was curtailed without giving any notice upon him and thus there has been violation of the principle of natural justice. 4. The Rule was opposed by writ Respondent No.3 (appellant) by filing affidavit-in-......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....al court for the third time which was rejected on 09.09.1995, against which they obtained a rule and the learned Judges of the High Court Division granted bail to the accused respondent for ends of justice up to 15.08.1996 directing the trial court to try and dispose of the case within the said ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
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