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Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted rules of procedure and which offends the superior courts sense of fair play......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....d have been otherwise. In the circumstances the judgment and decrees passed by the appellate Court below as well as by the trial Court have resulted in an error in the decision occasioning failure of justice and the same are not sustainable in law. 7. Mr. Md. Aminul Islam, the learned Advocate ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....ence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 of the Code of Criminal Procedure, otherwise it would cause miscarriage of justice. Provision of section 342 of the Code being a mandatory provision of procedural law, th......repared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fala, one piece of brick, some paddy and documents of the land and finding prima facie case submitted charge-sheet No.33 dated 1‑7‑1983 a..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... Though the Tribunal has not passed the impugned order in so many words, nevertheless allowed the prayer of the prosecution to arrive at a just decision after hearing both the parties for the ends of justice. 12. For the reason and discussion above we find no illegality or impropriety in the im......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....provision of section 18 of the Employment of Labour (Standing Orders) Act, 1965 is to see whether the delinquent employee has been dealt with in accordance with law following the principle of natural justice. 8 The report Annexure-X and XI is unilateral report of the petitioner regarding the occ......ourse, been stated that he along with some other trade union leaders controlled the situation. It is correct to say that the reports Annexure-X and X (1) have not been marked as exhibits nor the said documents have been produced formally in evidence nor the said reports do find places in the record ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
.... several representations to the respondents for payment of his aforesaid retirement benefits but there was no response and thereafter on 24‑1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.... Decision in a particular case made in the background of the facts and circumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said decision in arriving....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....ellate court being the final court of fact has made correct approach to the
facts and circumstances of the case and the evidence on record and committed
no error of law occasioning any failure of justice for interference by this
court in revisional jurisdiction According to the learned Advo...... Chowdhury, the
learned Advocate appearing for the petitioner in Civil Revision No.3992 of 1999
has taken me through the judgment of both the courts below and the evidence on
record, both oral and documentary including the plaint of the earlier Title
Suit No.346 of 1977 Ext.6 and submits that th..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....H), the payment due to the petitioner had been held up for an indefinite period. 5. Being aggrieved for the non-payment of the bills for the project completed by the petitioner, a notice demanding justice dated 5.3.2003 (Annexure-K) was issued on behalf of the petitioner but without any response.......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
...... Bank into the said account of K Alam but no irregularity was found (Annexure-14 to the affidavit-in-opposition); the wife of the respondent No. 1 and the wife of Abul Bashar, after creating a forged document with the help of their husbands, obtained an order of injunction from the First Court of th..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... Barma Vs. Bholi Dass and others, reported in AIR 1914 Cal 331 where their Lordships held that "the onus of showing that the subsequent registered transferee had notice of the prior unregistered document is on the person alleging it." 22. In the instant case, both the Courts below on ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ision and the same being a case of reversal, the petitioner has a substantial cause forhearing in the appeal and, as such, his right to continue in the tenancy needs to be protected in theinterest of justice. 9 In support of his, submission the learned Counsel has referred to the decision in the...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....3 before the Additional Deputy Commissioner (Revenue), Dhaka and obtained an order of stay on 22‑6‑2003. 3. Being aggrieved by the impugned Annexure, the petitioner served a notice demanding justice upon the respondents. Though the notice was served upon them, no action was taken. The petit...... the notice was served upon them, no action was taken. The petitioner, thereafter, obtained the present Rule Nisi from this Court. The petitioner also filed a supplementary affidavit annexing certain documents on 3-1‑2005. 4. Respondent No.2, filed an affidavit-in-opposition controverting the..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....udge failed to consider the time, manner and place of occurrence and thereby committed an error of law in passing the impugned judgment and order of conviction, which resulted into the miscarriage of justice. The order of conviction and sentence is against the weight of the evidence. &nbs......cused‑appellants pleaded not guilty and claimed to be tried. 7. At the trial prosecution examined as many as 12 (twelve) witnesses including the investigating officer and exhibited a series of documents to prove its case but defence examined none. 8. Defence case, as it transpires from t..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....oved this Court and obtained the Rule in the aforesaid terms. 4. Mr. Mahbubur Rahman, the learned Advocate appearing for the petitioner, assails the impugned order on the ground that an act of injustice has been meted out to the petitioner by issuing the impugned order. He submits that the peti......re impugned order was passed. 6. Although the learned Assistant Attorney-General did not file any affidavit‑in‑opposition, nevertheless, with the leave of the Court, he referred to some documents relating to the examination results of the petitioner. 7. Mr. Mahbubur Rahman, in his..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....ourts below when the same has been made either upon mis‑reading or non-consideration of the material evidence and the said mis‑reading and non-consideration of the evidence caused failure of justice. The High Court Division is also competent to set aside the judgment of the lower appellate......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
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