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Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... an award made by the Arbitrator but in the instant case the petitioner without filing appeal under section 34 filed the review petition. The High Court Division did not accept the plea of natural justice as there is no provision in the Ordinance to prefer review application. 5. Leave wa......urt Division. The writ petition was contested by the petitioner’s appellants on the ground, inter alia, that the Review Miscellaneous Petition was filed only after obtaining certain valuable documents which could not be produced earlier before the Arbitrator. 4.The High Court Divisio..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....ord while disposing of the appeal against acquittal passed by the High Court Division and as this Court is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not be...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... view of the above facts, circumstances, Advocate Commissioner's report and arguments advanced by both parties, it reveals and established that the 0.65 acre land contained in the admitted document, the partition deed (Exhibit 10) consists of 0.14 acre land of Plot No.124 and 0.51 acre ..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......e case by an Assistant Inspector of the Bureau is contrary to the Provision of section 5A of Act II of 1947 and, as such, illegal. The High Court Division further held that since the alleged forged document was filed in the Civil Court private complaint in respect of such document is barred under ..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....e with the judgment of my Lord, the Chief Justices. Mahmudul Amin Choudhury J.- I have the privilege of going through the judgment written by My Lord the Chief justice but I failed to persuade myself in agreeing with the same for the reasons mentioned below.......ies of those reports were enclosed with the second show cause notice, that as the third enquiry was ordered for clarification of the second enquiry report as to the sixth allegation on the basis of documentary evidence no notice was given to the respondent for the third enquiry and that the proc..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......2- 4, OPW No. 22, his polling agent, and OPW Nos. 29-33, voters of Baraibuniya centre refuting the election-petitioner’s aforesaid allegations. The Tribunal considered the pleadings, oral and documentary evidence of the parties and the law to come to a negative conclusion on the basis of t..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... “It is true that the discretion of the Court need not be fettered on materials gathered by judicial method, or to matters extraneous to the case but the grounds must not be extraneous to justice. We are to remember that the section gives a general executive discretion to the public ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....edy, it would not bar the exercise of power under section 151 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that (he provisions of the Code are generally meant to serve the ends of j......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ned Regulation would, therefore, seem to elude the sway of the Courts concerned as this Court is with the interpretation of laws in resolving rival claims, it can hardly lay any claim to administer justice in the abstract. Justice according to law is what is administered and law may not always n......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....ower of the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 21. On a number of occasions this court indicated the scope of the High Court Division ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ng investigation are to he examined for the purpose of ascertaining as to whether there is any case for the purpose of proceeding with the trial against the accuseds but however/ if any extraneous document is filed at the stage of framing charge to make the court believe any defence version, suc..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....cle 102 for the enforcement of the rights conferred by Part III of the Constitution. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....itional Judges of the High Court Division not for adjudication or to make it open to public, rather the same was called for, for its satisfaction, proper adjudication and also for ends of justice. 18. He further submits that though the Court cannot compel the Government to prod......ion of the issues involved in the writ petition; (b) if it decides in the affirmative, decide the question of possible injury to public interest which may result from the disclosure of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the wri..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....nbsp; appearing for the petitioner, argued that learned Judges of the High Court Division having failed to consider the materials which resulted in an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Judges of the High Court Divis......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....o convert or treat the counter-claim as a plaint in a cross suit. To hold otherwise would be to erect what in substance is a mere defect in the form of pleading into an instrument for denying what justice manifestly demands. We need only add that it was not suggested that there was anything in O...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
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