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Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)

.... adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned Advocate representing the other side submits that the suit ......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ..

Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....as further submitted that the detenu is a law‑abiding citizen and an educated, responsible member of the society and has not committed any prejudicial activities for him to be kept in detention and justice demands that he should be set at liberty at once. 5. This Rule is opposed by the Govern......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

....ter plan is unjustified and illegal and further requested the authority not to allot any plot, but to no result. 4. It has been further the case that the petitioner also thereafter sent a demand justice notice on 14th January, 1991 but no action has been taken in this regard by the respondents....... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....service but the impugned order has deprived them of their legal right. 8. The petitioners have claimed that the impugned order has been passed against the rules and principles of law and natural justice, allowing the juniors of the petitioners to supersede them. They also claimed that the impug......a­tion offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act. (a) Providing for the safe custody of books, papers and documents; (b) Declaring what languages shall be deemed to be commonly used in each district; ..

Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....has in finding that the statutory notice under section 152 of the Paurashava Ordinance is not necessary committed an error of law which has resulted in an error in his decision occasioning failure of justice. The learned Judge ought to have held that without the prior notice the suit was not maintai....... 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279. 6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support of their respective claims. The learned Munsif on discussion of evidence held t..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

....the petitioner and as such the cancellation of the lease without serving a show cause notice on the petitioner and without affording him any chance of being heard is against the principles of natural justice. It has been further argued that the petitioner bona fide believed that he was granted lease......l Commissioner is not in accordance with law and therefore the said Memo must be declared to be void and without any legal force and thus a nullity. It has been further submitted that after the lease document was executed by acceptance of the balance 5o% rent of the auction money it has created a ve..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....he sentence. As this appellant Syed Ali Mondal has only abetted the offence of misappropriation I hold that the imprisonment already undergone by this appellant will be sufficient to meet the ends of justice. 28. Having given my best consideration to the materials on record and after hearing th...... dishonestly misappropriated. With that allegation FIR of this case was lodged by Mr. AK Ghose, Inspector of DAB who himself took up investigation of the case and during investigation the seized some documents and on completion of investigation submitted charge‑sheet. 8. These appellants were..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....re bewildered and embarrassed in having to defend themselves against such numerous charges in a trial which took place long after the occurrence, that if prejudice is caused by occasioning failure of justice such trial is Positively illegal and that the illegal joinder of charges which did not form ......g alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents. It does not appear from the impugned judgment that the High Court Division had perceived ..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....ioners. The defendant‑petitioners having learnt about the same immediately filed an application under section 151 of the Code of Civil Procedure for setting aside the ex parte order for the ends of justice. But the same was also rejected by the learned Subordinate Judge of the Commercial Court by ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

....ecreeing the suit absolutely on misconception and misconstruction of the relevant provisions of law and the connected documents particularly the ekrarnama Ext. A and this has resulted in a failure of justice and as such the impugned judgment and decree of the Court of appeal below are bad and illega......e face of the record in reversing the judgment and decree of the trial Court and decreeing the suit absolutely on misconception and misconstruction of the relevant provisions of law and the connected documents particularly the ekrarnama Ext. A and this has resulted in a failure of justice and as suc..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....ner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this nature. 10. This petitioner had sent a notice demanding justice to the respondents before obtai­ning this Rule. 11. The Rule was opposed by the res......ram Upadhyaya, the CO (Rev) Sadar Sylhet by order dated 15.12.62, allowed the objection and directed correction of the record of rights in the names of the Duraram, as purchaser in possession without document. Thereafter in respect of the lands Duraram obtained a Registered kobala dated 25.4.63 exec..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Bangladesh Electrical Association Vs. Bangladesh represented by the Secretary, Ministry of Industries and others, 1992, 21 CLC (HCD)

....‘'G(I)') protested about circulation of the said decision and requested to review and revise the same and circulate the decision actually rived at. 9. The petitioners by notice demanding justice issued on 20.2.91 (Annexure H) claimed that respondent No. 2 should not issue NOC (no object......cy Order 1991‑93 ban on import of single phase electric meters is being continued and the same is valid and effective upto 30th June 1983. 8. It is alleged by the petitioner that in the tender document dated 28.11.87 (Annexure‑F) with respect to 14 Town Project at plot No. 10 single phase e..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

....gladesh), heard along with Civil Appeal Nos. 1 and 4 of 1991, wherein it has been held: "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any...... Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

....nd the defendant‑petitioner has been seriously prejudiced thereby and thus the learned Subordinate Judge has committed an error of law resulting in an error in his decision occasioning a failure of justice in passing the impugned order which is liable to be set aside. 4. Mr. Miah Abdul Gafur,...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....ip;Respondent Judgment January 15, 1992. Result: The Rule is made absolute Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease— ......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......vernment of Bangladesh, filed an affidavit‑in‑opposition denying the material allegations made in the writ petition and contending, in substance, that the petitioner’s sale deed is a fictitious document and the agreement and all other papers in that connection are forged but he obtained the de..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....ted any offence within the meaning of section 19(a) and (f) of the Arms Act, continuation of the Criminal Proceeding will tantamount to the abuse of the process of the Court and to secure the ends of justice, the said proceeding is required to be quashed. 7. Mr. Aminul Huq, the learned Attorney......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....now heard on merits, the said Rule would also be liable to be discharged in limine for the simple reason that in the instant case there is no jurisdictional error or material irregularities causing injustice, as alleged. 11. In the instant revision we are concerned with the impugned order passe......6.79%, volatile matter 39.98%, fixed carbon 43.30%, sulphur 0.69%, calorific value 6.228 kcal/Kg and on a reference to the various other certificates on vessel/boat basis they appear to be same. This document had not been challenged by the Coal Controller in their affidavit in opposition to be forge..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....ifically mention the land in suit. Mr. Rashid submits that this finding is the result of non‑application of judicial mind on the part of the lower appellate Court and this has occasioned failure of justice. Mr. Rashid has invited my attention to the schedule to the plaint. On examination of the sc......asis of Ext. I‑I(b) series i.e. to say the Hakum namas dated 10th Magh, 1353 BS and 15th Aswin 1353 BS and the oral evidence adduced by the plaintiffs. The trial Court also considered both oral and documentary evidence of the defendant to come to a finding on possession. It held : “Plai..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2