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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
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
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
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
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
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
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