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Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

..... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......ng, as the impugned order shows, two grounds for con­sideration of the Court; (i) that the election tribunal in violation of the provision of law regarding admissibility of evidence admitted some documents in evi­dence for which the judgment of the tribu­nal should be declared to have been pas..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

.... if all the indulgences were allowed, contrary to the esta­blished practice and procedure, to the seemingly care­less prosecution and the result in such a case is very likely to be a miscarriage of justice which the court, as a rule, should always avoid. 22. It is to be observed that in the sta......riting of Abul Hashem as also by PW 1 who is said to have witnessed being present at the time of record­ing of the dying statement. Further, can it be argued that without examining the writer of the document and without furnishing any explanation by the prose­cution for non-examining the writer of..

Category: Criminal Law | Date: | Hits: 44

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

.... learned 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. ......Assistant Judge, Dhaka which has been marked as ex­hibit No.3 in the said suit and since the peti­tion of complaint/First Information Report contains allegations of filing and use of forged document in the proceedings of a suit, the initiation of the criminal proceeding for forgery at the..

Category: Criminal Law | Date: | Hits: 39

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....t further appears that the High Court Division also considered the argument of the learned Counsel for the condemned prisoner that the condemned prisoner being a young man of 33 years, the ends of justice would be met if the sentence of imprisonment for life was awarded on him instead of death s......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....s no pleading from the side of the defendant alleging the non-genuineness of the document on the basis of which plaintiff is claiming the relief in the suit the Court has a duty in the interest of justice to scrutiny the document(s) relied upon by the plaintiff and if on such scrutiny the Court ......ested in the Government, that R.S. re­cord has been prepared in the name of the Government,  that the Exchange deed and Power of Attorney are forged, fraudulent and fabricated and the said documents are ante­dated  documents,  that the  land  being the vested prop..

Category: Property Law | Date: | Hits: 38

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

....circumstances as no­ticed above, we consider it a fit case to inter­fere at the stage of police investigation to pre­vent the abuse of the process of the court and to secure the ends of justice. 13. Therefore, in our view, the High Court Division upon correct assessment of the ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ppointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Re­spondent Nos. 2-7 then served notice upon both parties who duly appeared and submitted their written statements and documents in support of their respective claims. Both par­ties also made their oral submission...

Category: Property Law | Date: | Hits: 41

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

....t read over to him though the enquiry officer obtained the signa­ture of the petitioner on the enquiry proceed­ing. The enquiry was conducted in gross violation of the principle of natural justice. Thereafter, second show cause notice was served on 3.11.1993 and the petitioner sub­mi...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... No. 5 in re­spect of the allotment of aforesaid 1,24,000 shares in due course but the respondent No. 6 illegally made an endorsement in its official record to the effect that for want of supporting documents the return has been cancelled and that the fact of purchase of aforesaid 1,24,000 shares h..

Category: Business or Commercial Law | Date: | Hits: 109

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....s that sheet No.2 containing Plot Nos. 600-699 of Mouza Char Mominpur was genuine and the same did not overlap the suit land. He next submits that it is a fit case where this court can do complete justice by directing the trial court to accept the deposit of money as fee of Advocate Commissioner......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)

....ourt, after assigning rea­son, rejected the application for local inspec­tion being additional evidence in modified from and thus the High Court Division com­mitted an error occasioning failure of justice in making the Rule absolute. The above submissions merit considera­tion. Accordingly ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..

Category: Civil Law | Date: | Hits: 116

Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)

....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......11 of Title Suit No. 206 of 1976 died before the institu­tion thereof, that the defendant Nos.1 and 2 in the instant suit obtained decree in Title Suit No. 206 of 1976 against dead persons, that the document of the plaintiff Nos. 2-4 by which they have purchased the land claimed by them as in sched..

Category: Property Law | Date: | Hits: 53

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ed to consider the submis­sion that the High Court Division failed to exercise jurisdiction in not holding that the lower appellate court committed error of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into ev..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ent of the import general manifest to the defendant No. 5 on 21.10.2003 by producing a forged no objection certificate purported to be executed by the plaintiff and on the basis of the said forged document the defendant No.5 amended line IGM by incorporating the name of M/S. Super Oil Refinery L..

Category: Business or Commercial Law | Date: | Hits: 121

Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)

....e pre-emptor is party to the document and none of the co-sharers has challenged the document incorporating the partition and thus the High Court Division committed error of law occasioning failure of justice. 8. The submissions made by the learned Counsel for the petitioner merit consideration. ......rtition, that there was no change of posses­sion and the pre-emptee is in enjoyment of the property as per earlier possession. 5. The trial Court on consideration of the evi­dence, both oral and documentary, allowed the prayer for pre-emption in part i.e. to the extent of l/3rd of the land tran..

Category: Property Law | Date: | Hits: 35

State Vs. Sentu and others, 2004, 33 CLC (AD)

.... intention” for committing offence of murder under sections 302/34 of the Penal Code without proper appreciation of facts, materials and evidence on record and thus has caused miscarriage of justice. He also submits that the High Court Division failed to consid­er correctly the evidenc......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..

Category: Criminal Law | Date: | Hits: 41

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

....a) and others records pro­duced as documentary evidence in the trial relied upon by the trial court in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......rials before us and submits, inter alia, that the High Court Division while acquitting the accused respondents did not consider the evidence of prosecution witnesses in juxtapo­sition with the documentary evidence, M.V. stamp sale registers and counter foils of tax tokens, marked as Ext. 3 s..

Category: Criminal Law | Date: | Hits: 35

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....ioner and that normal financial deal between the debtor and creditor does not come within the scope of any offence as such the impugned judgment and order is liable to be set aside for the ends of justice." 10. The petitioner is directed to prepare paper book within 3 (three) months,......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of  the appeal. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-opera­tive Office, Rajshahi & ors., 2005, 34 CLC (AD)

....e dispute case should have been filed before the Deputy Registrar. 8. It has been further contended that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke w......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 162

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

....e original deed of the defendants by the plaintiff and the original deed of the plaintiff, committed error of law in making the Rule absolute resulting in a error in the decision causing failure of justice. He thereafter argued that the lower appellate Court rightly sent the case on remand to the...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..

Category: Property Law | Date: | Hits: 32