Search Options
Judgment Advanced Search
Displaying 3821-3840 of 4590 results.
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....s Court to transfer a criminal case from one Permanent Bench to another Permanent Bench. The learned Additional Attorney-General thinks that this Court may however pass any order for doing complete justice to a case including order for transfer under Article 104 of the Constitution. On perusal o......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....intention with common intention; the partition which divides "their bounds" is often very thin; nevertheless the distinction is real and substantial, and if overlooked will result in miscarriage of justice. In their Lordships' view, the inference of common intention within the meaning of the term ......ord that the accused party was in actual physical possession of the place of land. As such we are of the opinion that no reasonable doubt has been created by the production of the aforesaid defence documents as to manner of occurrence". 7. It is vehemently urged that the High Court division com..Category: Criminal Law | Date: | Hits: 105
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......w, but where the learned fell into an error is in holding that the pre-maturity of the cause of action, if, matured during the pendency of the proceeding is not curable. This view is untenable. The document itself was produced before the trial Court and before decision was given. 3. Apart from..Category: Property Law | Date: | Hits: 34
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....ntioned above. High Court acquitted them on the finding that the respondents are entitled to benefit of doubt. Leave was granted to re-examine and reassess the entire evidence for the ends of justice because of the manner in which the appeal was disposed of by the High Court. 6. Mr. B. B......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ating agency by merely adding provision of law which makes the offence triable by a special forum, cannot oust the inherent power of the High Court under section 561A of the Code for securing ends of justice. The learned Judges further observed “that the jurisdiction under section 561A exercised b......harge sheet against the respondents. In the affidavits it was stated, inter alia, that the stock of whisky and cigarettes carried by vessel were not cargo duly loaded and supported by proper shipping documents but were meant for smuggling purposes; and that none of the cargo was meant for Rangoon ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....s purely subjective and was therefore not justifiable. After independence, however, on the framing of the Constitutions in both India and Pakistan, which provided for substantial incorporation of the justice rule in case of preventive detention and judicial review of executive action, different vi......that a criminal case was instituted against the appellant and others, but the complainant is alleged to have been compelled to submit a petition for withdrawal of the case, but none of the relevant documents was placed before the Court as a part of the record of the case, so as to enable the Court..Category: Constitutional Law | Date: | Hits: 408
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......earned Counsel appearing for the petitioner submitted that the High Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property bein..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....erested quarters and both the order of dismissal of the petitioner from service as well as the order of rejection of the review petition were illegal, malafide and against the principle of natural justice; both the Tribunals erred in not giving any importance to the failure of production by the ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....ct a fraud practised upon the Court by the plaintiff and the defendant No.1; while decreeing the suit the trial court did not hear the defendant No.8-petitioner; partition is to be based on equity, justice and fair play and the Rafanama having been entered into behind the back of the defendant No......the defendant 7 and 8 and thus the defendant No.1 sold in total 1.08 acres of land, though he was left with only 1.06 acres of land. Besides that the defendant No.1 subsequently executed some other documents in favour of defendant Nos. 8, 10 and 11 though at that time he had no longer any saleab..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......f evidence found that the plaintiff Hena Bibi was an unsophisticated, illiterate village woman and the defendant did not deny the same. The onus, therefore, squarely fell upon the recipient of the document in question (the defendant in the instant case) that the lady executed the document in que..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......'s length could be set aside by a fresh action on the ground that perjury had been committed in the first action or that false answers had been given to interrogatories, or a misleading production of documents, or of a machine, or of a process had been given? There are hundreds of actions tried ever..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....er and therefore the High Court Division found that the trial court correctly decreed the suit and the appellate court having made out a third case committed an error of law occasioning failure of justice in coming to a finding that possession of the defendant- petitioner as well as Haran Chandr......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....ion of the witnesses and having not considered those documents and confining themselves only to first information report and the police report have committed an error of law occasioning failure of justice when section 561A of the Code, on plain reading, is intended to secure the ends of justice ......the learned Judges of the High Court Division having gone through the first information report, post mortem report, charge-sheet and the deposition of the witnesses and having not considered those documents and confining themselves only to first information report and the police report have comm..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
.... December 1971 though he was not in any cadre service was not acceptable to certain quarters of the appellant, the Ministry of Establishment, and as a result the respondent had undergone serious injustice and hardships, particularly in matters of promotions and postings. In the background of suc...... to implement the remedial measures as contained in Annexures-E and H to the writ-petition, one of which is summary and the other letter of the Attorney-General to the respondent, inasmuch as those documents have no force of law to be regarded as a decision of the Government. 12. Mr. TH Kh..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......on, that the Heba-bil-ewaz deed is a genuine one, that Rativan Bibi executed and registered the deed in question on her free will, that allegation of fraud in the execution and registration of the document has not been established, that Rativan Bibi executed two deeds on the same day, one in fav..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....ts, one of 1927 and other of 1939 as there was necessity of reconciliation of the contention of the parties, as such, order of remand made keeping in view the question of ends of justice was quite legal and, as such, the High Court Division was in error in setting aside the jud....... The trial Court on consideration of the materials on record decreed the suit with the finding that no paper has been filed by the defendants to establish that plaintiff is their tenant, that the documents showing transfer and re-transfer of the land in suit by the plaintiff and Shafion Nessa b..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....udge that if there is any possibility or if there is any evidence by which a further investigation is required, the trial Judge can exercise his such power to ensure an impartial trial for a fair justice." 30. In view of the aforesaid observations and findings of the High ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....stitution making degrading treatment towards women. 11. Mr M Amirul Islam, the learned Counsel, has submitted that each vote should be given due weight instead of viola tive of equal and political justice enshrined in our preamble to the Constitution. The learned Counsel has further submitted tha......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....tement and moreso, confessional statement of co-accused cannot be used against other co-accused for their conviction without independent corroboration and, as such, there has occasioned failure of justice. 5. Mr Ozair Farooq, learned Counsel appearing on behalf of the appellants, submits,......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
19591956194919461943194019301919191819171916191519141912191119101909190819071905