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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities necessary to achieve requirements of natural justice and fair play to ensure better and proper discharge of their duties. Procedure is mainly gro...... examination of the P.Ws., the accused Nur Hossen was examined under section 342 of the Code of Criminal Procedure to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examination of the P.Ws. by ..Category: Criminal Law | Date: | Hits: 77
.... are mandated by law to do, against such illegal activities of Metro Makers. Being aggrieved with such inaction on the part of respondent Nos.1-6, the petitioner, BELA, served a legal notice,demandingjustice, upon respondentNos.1-7on 27.12.2003requesting the respondentsto immediatelystopearth fillin......ntaneous and informal growing areas). The interim nature of the UAP is stressed; as it will gradually be replaced by the DAP when they are completed. These will then become the development management documents for the respective areas they cover.
32. In paragraph 1.3.1 under the heading ‘The ..
Category: Environmental Law | Date: | Hits: 434
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ts from disturbing with the plaintiffs peaceful possession in the suit land. This decision has resulted in this revision on the ground of erroneous decision in facts and on law occasioning failure of justice. 6. Mr. Shah Md. Khasruzumman, the learned Advocate appearing with Ms. Reshma Sultana on ...... in L.A. Case No.8 of 1964-65. Special Land Acquisition Officer delivered possession of the suit land to the then DIT in presence of the admitted owner Serajul Islam who also put his signature on the document of delivery of possession. Since that day DIT and then RAJUK had been in possession of the ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....r Court in respect of establishment of knowledge on the part of plaintiff and finding that suit stood barred by limitation was not justified and Lower Court did not properly analyses fact and law and justice had been infringed by decision rendered by Lower Court. Date of pronouncement of Judgment......nless it is shown that finding is based upon gross misreading of evidence or it has been founded on misconception or misapplication or mis-appreciation of law or any misinterpretation of any material document or otherwise it is perverse being contrary to law, evidence and materials on record. Explor..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... behalf of the community, to weigh these conflicting interests to weigh on the one hand the respect due to confidence in the profession and on the other hand the ultimate interest of the community in justice being done - - --.” 52. Through the above scripted passages Lord Denning revealed how t......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....out proper appreciation of law involved in the matter, has come to an erroneous finding that the suit was maintainable and that this decision of the learned District Judge has occasioned a failure of justice to the defendant‑petitioner. In this connection, he has referred to a decision in the case...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....the state. He finally submits that in the facts and circumstances of this case and in view of the provisions of law mentioned above, the impugned proceedings is liable to be quashed to secure ends of justice as well as to prevent abuse of the process of the Court. 7. Mr. K.M. Masud Rumy along wit......stant rule. 6. The learned advocate Mr. Md. Mahbub Ali, appearing for the accused petitioner, drawing our attention to the petition filed under section 561A, the Supplementary Affidavit and to the documents annexed therewith firstly submits that regarding the selfsame fact Md. Hamayet Ali, Office..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......tions by its letter dated 25.2.1995 to the petitioners for rescheduling its loan liabilities on condition of reopening and running the jute mill at their own cost and expenses and to execute charge documents for rescheduling the loan and depositing shares of the petitioner company to the bank exec..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....ossession in the suit land but the trial Court below without considering the vital and ancient documents namely exhibit 1 and 2 series mechanically dismissed the suit which resulted in the failure of justice. 11. Mr. Nurul Amin while elaborating his submissions referred to the registered deeds in......trial the plaintiff-appellants examined as many as 4 PWs. and the contesting defendant No.2 examined 5 witnesses namely D.W.1, D.W.2, D.W.3, D.W.4 and D.W.5 and both the parties exhibited a series of documents in support of their respective cases. 6. The learned trial Judge on consideration of t..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....e point for determination is whether the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, committed any error of law resulting in an error in his decision occasioning failure of justice. 7. Mr. Garib Newaz, the learned Advocate for the petitioner, submits that the learned co......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..Category: Property Law | Date: | Hits: 84
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....No.1 preferred an appeal before the Election Appeal Board, but the Appeal Board did not take up the appeal and the Election Board most illegally finalized the voter list. They served notice demanding justice upon the Secretary, Ministry of Commerce, and the Director of Trade Organizations and gettin......mrul Hasan, learned Assistant Attorney General appearing for the respondent in Writ Petition No.9390 of 2010 has taken us through the affidavit-in-opposition, supplementary affidavitin-opposition and documents annexed thereto. At the very outset he has submitted that the show cause notice was duly s..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....desired that the authority concerned would expeditiously allot her another plot. Since no such plot was allotted in her favour or after her death in favour of the petitioners, we are of the view that justice would be met if the instant Rule is disposed of with necessary direction to that effect upon......pplied for possession of the plot in question if she was already in possession, learned Advocate replies that actually she applied for symbolic possession of the plot in her favour for procurement of documents of possession. 9. On the other hand Mr. Muntasir Uddin Ahmed, learned Advocate appearin..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 314 of the Penal Code was framed against them to which the appellant on dock pleaded innocence and claimed justice. Trial was held in absence of absconding accused Ful Baru. 4. The defence case as it appe......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....o harass and humiliate the innocent petitioner and as such prolongation of the instant proceeding amounts to an abuse of the process of the Court, which is, liable to be quashed to secure the ends of justice. 7. Mr. M. Moazzem Hossain, the learned Advocate, on the other hand, by filing a counter ......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......nt; that the Sub-Assistant Engineer of Chittagong City corporation was not assigned by the Chittagong City Corporation to measure the Ali Ahmed Commissioner Road and the informant did not produce any document to substantiate assignment of Sub-Assistant Engineer; that there is no identification of Al..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ...... clear that even re-examination of a witness shall be at the instance of the party who called him. The other section which empowers a judge to put question to a witness or order for production of any document or thing is section 165 of the Evidence Act which is as under: "165. Judge's Power to pu..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ty of being heard cancelled his license forfeiting the security money in utter violation of section 14 (1) of the Ordinance. The impugned order having been passed in violation of principle of natural justice is without lawful authority. 5. In course of hearing, Mr. A. M. Aminuddin, learned Advoca......that before issuance of the notice, the Ministry had brought the matter into notice of the writ petitioner on 23.8.2011 through telephone and asked him to appear before the Ministry with his original documents i.e. the demand letter with attestation of the embassy. The writ petitioner himself receiv..Category: Constitutional Law | Date: | Hits: 407
....of the Trust did not proceed to grant any honorarium to Nur Ahmed. Ultimately the unfortunate father died on 10.12.2001. After his sad demise, petitioner 1 Bahar Uddin Ahmed served a notice demanding justice upon the respondents (annex-M) calling upon them to pay state honorarium to the heirs of Taj......tating that the letter was issued on 3.1.1972, it should be read in proper context and under the facts and circumstances of the present case this Court is convinced that actually annex-D is a genuine document and was issued on 3.1.1973. Furthermore, the Prime Minister’s Office subsequently recogni..
Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....stoppage of payment of the Government portion of the salary is a punishment but before imposing such punishment the respondents did not issue any notice thereby they violated the principle of natural justice. The decision of withholding the payment of Government portion of salary falls the petitione......er from Annexure-C, that is, Monthly Payment Order for the month of April, 2006 it appears that the authority stopped to pay the Government portion of the salaries of the petitioner. This is the only document wherefrom it appears that the authority stopped to pay the Government portion of the salari..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....ng based on material on record is final and in the absence of any misreading or non consideration of the material evidence, the learned appellate Court did not commit any error occasioning failure of justice in allowing the appeal. The learned Advocate for the opposite parties further submitted that......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
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