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....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......getting their claim with comments of the concerned officer.
3. The concerned Executive Engineer by his Memo dated 20.4.1991 also requested the respondent Concord Engineers to furnish all related documents and explanations in support of their claim to facilitate/determination of the same by the ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....t said demand is vague and Chairman and the Member of the Board of Revenue also did not consider the materials on record and legal aspect of the case and came to wrong decision occasioning failure of justice. He further submits that the petitioner submitted the bill of entry with proper assessment f......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......n order of injunction finds support from the copy of the plaint and a notice of temporary injunction issued on 29‑3‑93. From the said notice it appears that it was an ad-interim injunction. No document has been filed to show that ad-interim order of injunction is still in force. 6. It ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ing the same in company's godown and entering the same in the account books of the company they dishonestly and fraudulently disposed of the same misappropriated the sales proceeds and concealed the documents relating to the said transactions. 6. In complaint case No.769a1 of 1984 which gave ris..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....any subordinate Court. But we do not think that this is an appropriate case where this Court should pass an order suo motu interfering on the ground of illegality of the impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby va......e No. LX of 1982. 11. Section 241A is to the effect: “When the accused appears or is brought before the Magistrate, and if the magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examinations, if any, of the accused as the Magistrate..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....his judicial mind in to considering that the plaintiffs petitioners proved the tenancy of the said original defendants, committed error of law resulting in an error in the decision causing failure of justice. 7. Secondly, it has been submitted by Mr. Rahim that once a tenant is always a tenant an......ment (Bhara Nama) Ext. 2 dated 1st Ashar 1370 BS and on payment of rent by Ext.1 the counterfoil of the rent receipt. In order to prove the said tenancy, the LTI of Late Sirajuddin appearing in those documents were compared by the hand writing expert who found those LTI tallied with specimen LTI obt..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....f the offence alleged but also we are convinced that if the petitioner were to be arrested and or refused bail such course would be all probability be taken not from motives of furthering the ends of justice but from some other motive with the object of injuring him causing irreparable harm to his r......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....g their views, the Government ought to have issued show cause notice before passing the order of forfeiture and since no prior show cause notice was issued, this has violated the principle of natural justice. The learned Deputy attorney-General, on the other hand, submits that in a case like this th......ed order but the authority of the Government to forfeit such books has been given in section 99A of the Code of Criminal Procedure provides as follows: "99A. (1) where any newspaper or book or any document, wherever printed, appears to the Government to contain (a) any matter the publication o..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....aw in passing the decree for the entire amount of dower money in the absence of any evidence that the marriage had been dissolved and which has resulted in an error in the decision causing failure of justice. The learned lawyer further submitted that the lower appellate Court misdirected itself in n......ardanashin then such application may be made by her duly authorised vokil. (3) The Nikah Registrar shall not register a divorce of the kind known as talaq‑i-tafwooz except on the production of a document registered under the Registration Act (XVI of 1908) by which the husband delegated the powe..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....that both the courts below by misreading the facts and evidence, decided both the suits in favour of the opposite party and thus this decision of the learned Subordinate Judge has caused a failure of justice to the plaintiff‑petitioners. 8. Mr. Mihir Kanti Majumder, the learned advocate appea......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......it should conform to the judgment (Ord. 20, rule 6). Every Court has power to amend its decree so as to carry out its own meaning (section 152). For the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things, have comparable for..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....interfere with the judgment and decree passed by the Lower Appellate Court in view of the fact that the learned Additional District Judge has not committed any error of law occasioning any failure of justice in this case. 10. In the result, the Rule is discharged without any order as to costs a...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....anything in the section itself to give it a restrictive meaning, may now be taken to cover the error, omission or irregularity in the widest sense of these terms provided there has been no failure of justice. A similar view has been taken in the case of Madhya Pradesh Vs. Veereshwar Rao Agnihotri re......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
.... spite of the directions issued by the Election Commission to the respondents Nos. 3 and 4 the violations alleged by the petitioner have not been mitigated and he ultimately served a notice demanding justice on the respondents on 19.1.94. Since the respondents did not respond to the demand he moved ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... succeeded to make out a prima facie case pressing home the fact that there might have occurred errors and mischiefs in the counting of votes and consequently I am of the opinion that for the ends of justice the votes be recounted in these 12 centres." It is true that Election Tribunal did...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......dated 22.4.68 and the RR was duly endorsed in favour of the plaintiff. Both the aforesaid bills were purchased at the risk and responsibility to the defendant No. 1 as per instruments embodied in the documents. After purchasing the bill they were sent to defendant No. 5 duly endorsed in their favour..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....be excused. Further contention of the learned Advocate for the appellant is, that the provision of section 243 CrPC is mandatory which has to be carefully and meticulously followed in the interest of justice and violation of which would render the order of conviction and sentence bad and illegal. In......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......imply because captain of the ship had sworn protest note before the Notary Public the said allegations cannot be substantiated. Further, trial Court noticed that mate's receipt which is the basic document was made over to the carrier by the shipper at the lime of issuing the bill of lading and t..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....nt of Bangladesh for his reinstatement in service. But the said representation having remained unattended for quite a long time the petitioner was constrained to serve a notice dated 1.7.89 demanding justice through the learned Advocate and thereafter moved the writ application and obtained the inst......s provided that a charge shall be framed before evidence is recorded and the person charged shall be given a copy of the charge and shall also be allowed to take copies of all evidence, both oral and documentary, contained in the proceeding.
9. Sub-regulation (c) provides that an oral enquiry s..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
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