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Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....cit Court fees without rejecting the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the impugned Judgment and order is not sustainable in law. 7. Mr. Rabi Shanka......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
.... him. 6. Mr. Moudud Ahmed, the learned Counsel, appearing for the petitioner, submits that the High Court Division passed the aforesaid judgment quite erroneously, causing serious miscarriage of justice to the effect that, impugned order of cancellation was issued by the respondent Nos. 2 and 7......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....ng the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not sustainable in law. 10. Mr. Md. Nurul Amin, assisted b......th ulterior motive with intent to grab the suit land. 6. During trial 4 witnesses for the plaintiffs and 8 for the defendant were examined in the suit and both the parties also adduced documentary evidence in support of their respective cases. 7. The learned Assistant Judge,..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....f-respondent did not produce adequate and conclusive evidence in respect of framing of issues in the suit and its decision in upholding the judgment of the trial court has occasioned a failure of justice, which is liable to set aside. 8. The Advocate-on-Record appearing for the respondent Nos......er alia, that the suit is not maintainable in its present from and that the plaintiff has no cause of action to file this suit and alleged bainapatra is nothing but a forged, fabricated and collusive document and that the alleged transaction is barred under the provision of P. O.92 and 142 of 1972 a..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....it, observed that all the suit properties were not brought into hotch pot as well as all the parties were not impleaded in the suit. He further submits that in the circumstances, for the ends of justice, the learned District Judge allowed the Miscellaneous Case under Order XLI Rule 21 of the Co......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......e minor and not the legal right of this and that particular party." 15. The General Assembly of the United Nations adopted the International Convention of the Rights of the Child, 1989. The document is a binding treaty to which 176 nations including Bangladesh became "state parties&qu..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....he expiry of their custody as awarded by the Court. 14. Mr. Islam further submitted in general terms that the Children Act, 1974 is a law which was promulgated in order to extricate the matters of justice in respect of children out of the ordinary criminal justice system and only for that reason ......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... a case of coram non judice of the trial Court or that the facts alleged do not constitute any offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. Hence, this bunch of argument also fails. 40. Mere allegation of violation of provi&sh......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... a case of coram non judice of the trial Court or that the facts alleged do not constitute any offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. Hence, this bunch of argument also fails. 42. Mere allegation of violation of provisio......ction starts 31st day onwards. The limitation to file a complaint as prescribed under section 142 (b) of the Act is one month. On trial, both the parties are entitled to adduce evidence both oral and documentary. The trial Judge in deciding the case under the Act has to consider first, whether the c..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....barring what is specifically provided for the Rules themselves, the Court is the master of its own procedure and it will exercise both its procedural and substantive discretions only on the ground of justice equity and good conscience." 56. What the petitioner has challenged in this writ p......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......rs of Chanda Bibi, who acquired the suit property on action through a decree on a Rent suit. The pre-emptee petitioner claimed that the said rent suit of the auction sale has got no existence and the document obtained by the pre-emptor are all forged and concocted and thereby the pre-emptor predeces..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
.... dismissed the appeal without
consideration of the case of the petitioner at all but on the ground of locus standi etc. on extraneous
consideration which resulted in an error occasioning failure of justice.
20. Mr. TH Khan, learned Senior Advocate
for said opposite parties on the other hand,......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....rit but discharged the Rule on technical ground which needs interference by this Division for appropriate direction and/or order under Article 104 of the Constitution of Bangladesh for doing complete justice." 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the appellant su......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
....ed District Judge as no notice has been served upon him and, as a result, the appeal has been dismissed for default by the learned District Judge. In view of the above, it is contended for ends of justice the appeal may be restored to its file and number. 4. After the order of this Court, t...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....nd as such the Miscellaneous Case No.35 of 1999 was not tenable in law but even then purposely both the courts below violated this aspect of mandatory provision of law that occasioned failure of justice. The aforesaid preemption case according to the learned advocate also was hit by p......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....the prosecution or loosely construe the law in favor of the accused. The traditional dogmatic hyper technical approach has to be replaced by rational, realistic and genuine approach for administering justice in a criminal trial. Criminal jurisprudence cannot be considered to be a Utopian thought but......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....oner again filed an application unsuccessfully before the Director General, Bangladesh Rifles, on 24-7-2002 praying for reconsideration of his discharge and thereafter upon serving a notice demanding justice on 9-10-2002 preferred the instant writ petition and obtained the Rule on 22-6-2003. 4. P......r, it appears, that Form-E appended as Annexure (C)-1 to the writ petition, was filled in by the authority and thereafter the certificate Annexure-E was issued by the said Sector Commander. These two documents Annexure-C and C(1) were handed over to the writ petitioner but the Annexure-1, appended t..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
....ames were appearing at serial Nos.46 and 47 of the said seniority list which is a clear discrimination done by the respondents, for which the petitioner through his lawyer sent a notice for demanding justice to the respondent Nos. 2-5 but with no result.
3. Thus, the petitioner was constrained to......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
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