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State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....ar that there is no legal evidence against the accused respondent to support the conviction under section 396/34 of the Penal Code. In that view of the matter in order to secure substantial justice in the case we are inclined to set aside the impugned judgment setting the aside conviction......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ng in an unusual haste, he failed to point out anything to show that without affording any opportunity to the appellant the proceeding was concluded. From the record it appears that previously Mr. justice Moksumul Hakim was appointed arbitrator before whom the materials were placed by both ......r Rahman was appointed by the court and it appears that he took up the arbitration proceeding from where it was left by Justice Hakim. Before Justice Moksumul Hakim parties led both oral and documentary evidence. There 'is absolutely nothing before us to hold that the appellants were gauge..Category: Civil Law | Date: | Hits: 89
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....n question can be very well done by exercising the inherent power of the court under Section 151 of the Code of Civil Procedure under the facts and circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not......ndings of the Learned Single Judge to the effect that, "If any change is made in the plaint in respect of the suit khatian No. 769 to 766 it will not only amount to a departure from the basic document and the basic decree, but also it will shift the whole suit land from one place to another..Category: Property Law | Date: | Hits: 23
Shamsu Miah and othÂers Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....The respective writ petitioners challenged legality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the funda......onsideration new papers and documents on the last day of hearing without giving opportunity to the writ petitioners to controvert the same and that High Court Division based its judgment on a document which was not at all party of the record. 8. The appeals, both in support of and op..Category: Property Law | Date: | Hits: 27
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ...... is a subsequent creation for the purpose of filing pre-emption case and there remains variations in the document filed before the Court and both the Courts below held the same as fraudulent document but the said finding of facts have been interfered with by the High Court Division i..Category: Property Law | Date: | Hits: 30
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....make a case of quram-non-judice of the trial court, or that the facts alleged do not constitute any criminal offence or the conviction has been based on no evidence or otherwise to secure the ends of justice and with that we add that he should approach the court with clean hands." (Decision in th......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
.... an obligation is created for a party who had received the benefit of an erroneous judgment to make restitution to the other party what he had lost and it is also for the court to see that ends of justice is not frustrated. The court may place the party in the position which they would have occu......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....lure to notice the important piece of evidence i.e. Ext. 5 and consequent thereupon failure to notice the discrepancy in the prosecution case and the evidence has caused serious miscarriage of justice. 4. The informant has figured as P.W.1 and he has stated that he purchased 22,500 p......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....earned Advocate-on-record submits that having regard to the nature of offence and the reality of social life if the sentence of the appellant is reduced to the period already under gone the ends of justice would best be met. 5. We are of the view that in the background of the facts of the ......eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ..Category: Criminal Law | Date: | Hits: 35
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....itioner was never heard in the matter personally prior to seizures of his licensed arms and as such the seizure of the arms was not only arbitrary but also volatile of the principles of natural justice, that at no stage petitioner was informed in any manner the cause of seizure of the f......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....nd had never been part of lake; that the defendant approved the plan in due course but subsequently, without giving any notice withdraw the same which is violative of the principle of natural justice; that as the suit land not being the part of the lake the order passed in Writ Petition No.......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
.... necessary. He lastly submits that the High Court Division failed to appreciate the facts and circumstances of the case in it true perspective and as a result, there has been serious miscarriage of justice. 11. We have heard the learned Advocate for the petitioner and perused the materi&sh......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
.... of eye witness of the occurrence without at all discussing the same and in coming to its decision totally misread the post-mortem examination report which caused miscarriage of justice. The learned Deputy Attorney General submits that the trial court thoroughly consider......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..Category: Criminal Law | Date: | Hits: 84
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....r of Waqf Administrator for handing over the charge to the Mutwalli to the petitioner and hence the impugned judgment and order of the High Court Division is liable to be set aside for the ends of justice. The learned Advocate further submitted that the High Court Division ought to have consider......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ..Category: Trust/Waqf Law | Date: | Hits: 210
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
.... Division came to a wrong finding as to title and possession of the suit land in favour of the plaintiffs which is not supported by the evidence and materials on record occasioning failure of justice. 9. Farid Ahmed on the other hand supports the impugned judgment passed by the ......Court Division in revision and obtained rule. Subsequently the High Court Division made the rule absolute concurring with the finding of the learned Munsif that the defendants produced no documentary or oral evidence in respect of the money decree dated 8.1.1923 obtained in the money s..Category: Property Law | Date: | Hits: 25
Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)
....lear and effective interpretation of the unusual misinterpretation and mis-implementation of sub-section (3)(Ga) of Section 3 of the said Act which is much required to be cleared up for the ends of justice, otherwise, the petitioner as well as the public at large shall be highly prejudiced a...... substances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 236. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the parties an opportunity to produce those evidences before the trial Court to ensue complete justice. It is further found by the Additional District Judge that the plaintiff at one stage ......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......e High Court Division found that Mohan Bashi Roy, the plaintiff, without filing the kabala deed dated 23.6.1985 allegedly executed by Arun Chandra Shill in his favour which is the basic document of his title, merely submitted a certified copy of the same and also took no steps to..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ...... papers. 6. The High Court Division held that the trial Court on consideration of the materials on record, examining and comparing the signatures of the plaintiff in the questioned document with his admitted signatures came to the findings that the signatures appearing ..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......endant No.1 executed the kabala by putting her signature. The two defendants are sisters and the name of defendant No.1 was written under her thumb impression by the husband of defendant No. 2. The document could not be registered on the date of execution as it was a holy day. They gave words tha..Category: Property Law | Date: | Hits: 23
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