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Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....erent jurisdiction but should be done very sparingly. The principles governing the exercise of Court's inherent jurisdiction are well established and need not be repeated. It is to meet the ends of justice and should be used strictly to meet the extra-ordinary situation. It is to be invoked by......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....esult: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The appointing authority is not bound to accept the recom......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... power of the High Court 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. It was submitted that this amendment was thought necessary to remove any doubt that the in......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....e appellate Court. No authority or precedent has been cited in support of such a proposition, and we cannot conceive that anything would be more detrimental to the expeditious administration of justice than the establishment of a rule which would impose upon the suitor the necessity of so ap......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....nly reiterated the Court's inherent power to give effect to any order under the Code of Criminal Procedure "to prevent the abuse of' the process of any court or otherwise to secure the ends of justice". In this case, the appellants invoked the inherent power of the Court to secure ends......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he dispute has arisen between the parties. If it is ultimately found that the disputed Schedule 1 (Ka) land belongs to the plaintiff, several legal complications will arise. Hence, in the interest of justice, the High Court Division directed the parties to maintain status quo in respect of the suit ......er the land in dispute. The learned Single Judge also directed the trial Court to appoint a Pleader Commissioner immediately in order to measure the two plots of land and demarcate their areas as per documents by a competent surveyor and upon receipt of the report of the Pleader Commissioner, the tr..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....igh Court Division. The High Court Division could grant mandamus directing for retrial but it noticed that no useful purpose would be served in giving such direction. Courts act in the interest of justice and when the court is satisfied that the ends of justice I require setting aside the convic......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ision ought to have taken greater care and caution in assessing the evidence of admittedly partisan, interested and hostile prosecution witnesses, whether this failure has resulted in a failure of justice, whether upon a wrong view of law and facts it failed to give due importance to the necessi......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......e of the lessee Md. Hussain on the indenture of the agreement and on the kabala executed by him in favour of Md. Khalil on 21.8.1970 held that the kabala does not appear to be a valid and genuine document and consequently found that the property is an abandoned property within the mischief of A..Category: Property Law | Date: | Hits: 63
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....by purchase and held that they had equal claim for pre-emption and allowed the pre-emptors' claim to the extent of 50% of the case land. The appellate Court appeared to have done an evenhanded justice. The High Court Division approved that measure. 3. Section 96 of the State Acquisit...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....law in interfering in the matter when there is nothing on record to show that the Courts below appeared to have committed any error of law resulting in an error in the decision occasioning failure of justice. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 where the court passed on ex par......"The absence of the defendant who asked for adjournment but refused to state reasons assigned therefore cannot give occasion for the plaintiff to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with refe..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......oods which were being carried illegally. It was alleged that neither the trawler CC Sea Hawk had any permission to enter into Bangladesh nor the goods which were found on board had valid supporting documents. The appellant and the crew of the said trawler having illegally and unauthorisedly enter..Category: Criminal Law | Date: | Hits: 62
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....nstitutional sanction provided in Article 33 (5) a non‑disclosure of fact that was considered to the prejudice of the detenu ought to be regarded as a violation of basic principle of natural justice. 28. We did not find anything in the file that can be termed as non‑disclosab......se under the Conservation of Foreign Exchange and Prevention of Smuggling Act 1974 of India, the detaining authority mechanically refused, as desired by the Collector, to supply the copies of some documents to the detenu on the ground that their disclosure would be against the public interest. S..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....plot (No. 1061) was not made a party thereto. As the trial Court in the earlier Miscellaneous Case No. 281 of 1974 while discussing issue No. 4, namely, whether the case is barred under equity and justice, found that the pre-emptor-respondents did not come to the Court with clean hands, the tria......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ndustries on 28.1.76. Upon the failure of the Government to honour its own decision the respondents were obliged to file the present Writ Petition No. 36 of 1987 after serving a notice of demand of justice. 29. By filing a supplementary petition he respondents averred how they were unable ......2.72 to 21.10.75 in the writ petition as Annexure‑I series and averred that they received only two replies thereto dated 2.3.74 and 19.3.74 (Annexure-J and J(I)), asking them to submit their documents and stating that the prayer for release was under consideration. The respondents submitte..Category: Property Law | Date: | Hits: 65
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..Category: Constitutional Law | Date: | Hits: 150
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....nt throughout the whole day. The Labour Court held that the order of dismissal dated 16.2.88 was passed legally but the punishment meted out to him appeared to be severe. Hence, in the interest of justice, the punishment was converted to termination of service with termination benefits. 1......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....he accused. This is not a case of no offence disclosed prima facie. There is thus no legal impediment for the proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1...... urged by the petitioners, in holding that the statement of the persons examined under section 161 of the Criminal Procedure Code, being part o the Police Diary, could be taken into consideration as "documents" at the stage of framing charge under section 241A of the Criminal Procedure Code which is..Category: Anti-Corruption Laws | Date: | Hits: 302
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