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Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....ondly the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Osman Gani, the learned Assistant Attorney General appearing for the resp...... Tk.1,00,716/-, for the purpose of creating artificial crisis and wrongful gain. On interrogation the accused Abdul Mannan could not provide any satisfactory answer or could not show any valid documents. Thereafter S.I. Md. Anwar Hossain (P.W.12) seized those articles in presence of the witn..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....s stated in the application for rejection of the plaint which were supported by the documents filed before him by first and thus committed error of law resulting in an error occasioning failure of justice in passing the impugned orders and, as such, the same are liable to be set aside and the pl...... the final decree passed on 29-5- 88 in Title (Partition) Suit No. 206 of 1970 other reports of the Advocate Commissioner submitted on various dates, writ of execution of the decree, firstly of the documents filed before the court below on 8- 5-82 in support of the application for rejection of th..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....was liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in passing the impugned order. Mr. Faruque Ahmed further submitted that besides the sai......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
.... liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in passing the impugned order. Mr. Faruque Ahmed further submitted that besides the said pr......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....orresponding to GR Case No.178 of 2007 are hereby declared to have been taken and continued without any lawful authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (200......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....plication and I hold that the plaintiffs failed to make out a case for permanent injunction. The Court of Appeal below, in my view, has not committed any error of Law occasioning failure of justice in allowing the appeal and dismissing the suit of the suit of the plaintiffs."......ngali it has been written as “হামলা চালায়”) in the peaceful possession of the plaintiffs by showing a decree. The bailiff of the Court having seen the valid title documents of the plaintiffs failed to execute the decree in Title Execution Case No.3 of 1980. Howev..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ct of conviction and sentence awarded upon convict appellant Kazi Islam can be sustained in law evidence, materials on record, facts and circumstances of the case and also in the true dispensation of justice; and 3.Whether the convict appellant can be liberated of the charge levelled against him......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....ct of conviction and sentence awarded upon convict appellant Kazi Islam can be sustained in law evidence, materials on record, facts and circumstances of the case and also in the true dispensation of justice; and 3. Whether the convict appellant can be liberated of the charge levelled against hi......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....le. 7. Mr. Mir Md. Joynal Abedin, the learned advocate for the petitioners, submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the ......ratuity, pension and other service benefits being a regular Government employee. The present petitioners as defendants Nos. 1-4 filed written statement but did not adduce any evidence, either oral or documentary, before the Courts below. It appears from Exhibit 4, service book opened by the authorit..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....000. She further submits that the plaintiff-opposite party is also an inhabitant of Satkhira town which is far away from Sylhet and thus for the convenience of both the parties and in the interest of justice the suit may be transferred to the judgeship under district Dhaka otherwise the defendant-pe......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....মাপ্তি ঘোষণা করেন। (মোঃ আমিনুর রহমান) সচিব” 14. Being aggrieved by the said decision the petitioner served a demand of justice notice on 22-3-2004 and subsequently filed instant writ petition and obtained Rule. 15. M......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....;tion 106 of the Transfer of Property Act. In my opinion the learned Judge, in arriving at the said finding, committed no error of law which can be said to have been occasioned a failure of justice." 32. On an analysis of the aforesaid decision, I am led to hold that in t......rget of eviction for bonafide requirement. 5. At the trial the plaintiff examined 3 (three) witnesses and the defendant also examined 3(three) witnesses and both the parties filed series of documents to prove their respective claims. 6. The Trial Court on consideration of the evi..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Court of Sessions instead of a Court of Magistrate not inferior to that of a Metropolitan Magistrate or Magistrate of the First Class. If a case is tried by Court of Sessions, the cause of justice will be better served as the Sessions Courts are manned by senior judicial officers unlike t...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......cted to fully appreciate the outcome of his action in waiving the right to silence. At that age when he would be deemed not to have the mental capacity in law to sign any contract, agreement or other document, he should not be deemed to have the mental capacity to sign away his fundamental right to ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ...... be expected to fully appreciate the outcome of his action in waiving the right to silence. At that age he would be deemed not have the mental capacity in law to sign any contract, agreement or other document. Can he be deemed to have the mental capacity to sign away his fundamental right to remain ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....wer appellate Court while reversing the judgment of the trial Court did not refer the evidence on record in reversing this finding of the trial Court as such committed an error occasioning failure of justice which is liable to be interfered by this Court. The learned Counsel finally submits that the......ants examined 4(four) witnesses to prove their respective claim over the suit property and after concluding the trial of the case and examining the evidence on record and also perusing the papers and documents produce by both the parties, the learned trial Court dismissed the suit of the plaintiffs ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....the combat who has won and who has lost or is there not any legal duty of his own, independent of the parties, to play an active role in the proceedings in finding out the truth and administering justice? It is a well accepted and settled principle that a Court must discharge its statutory fun......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
.... the custodian of the child and for welfare of the child she is entitled to the custody of the son and the decision of the lower appellate Court suffers from gross error of law occasioning failure of justice. But the learned Advocate refrained from making any statement as to whether the child attain......e most welfare for the said minor. iii) Whether the petitioner can get the relief as per prayer or any other relief in a different way. 7. Both the parties adduced evidence both oral as well as documentary, two witnesses were examined from the side of the opposite party (father) and one was ex..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
.... evidence adduced by the parties. He further submits that the Courts below passed the judgments on mistaken views of law and facts and thus resulted in an error in the decision occasioning failure of justice. He next submits that the Courts below have failed to frame any issue on the title and posse......of defendant No. 6 as in the compromise agreement and in the written statement and determined that the signature is of the same person Md. Abdul Latif. On consideration of the evidence, both oral and documentary, the trial Court came to the finding that the plaintiff is the co-sharer of the disputed..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court. Then time was allowed by the Subordinate Judge suo moto to the plaintiffs on 7-10-1997 vide order No. 10 to submit those documents fixing the next date on 18- 1-1998 for securing of ends of justice and also for filing written statement by the defendants. Although on 18-1-1998 the plaintiff......fendant Nos. 1 and 2 appeared in the suit and filed an application on 5-8-1997 under Order VII, rule 14(1) of the Code of Civil Procedure (the Code) for a direction upon the plaintiffs to produce the documents which they relied upon in the plaint in support of their case. The learned Subordinate Jud..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
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