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Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying all principles of justice. The learned Assistant Sessions Judge deemed to be Additional Sessions Judge set aside the......e must assign cogent reason and should come to a finding that the charge is groundless and in doing so, in a complaint case, such as the present one, he should consider the petition of complaint, the documents submitted, statements of the witnesses recorded during judicial enquiry if any, report o..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....kar then contends that the accused appellant has been most illegally tried in absentia in violation or section 339B(2) of the Code of Criminal Procedure and the same has caused serious miscarriage of justice and, as such, the impugned Judgment and order of conviction and sentence cannot be sustained......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......e authorised agent of the defendant No.1, issued Bill of Lading No.3 dated 27‑3‑96 to the supplier of the cargo, the plaintiff. 9. The plaintiff in terms of the said L/C presented the shipping documents including the till of Lading through its Bank in India to the L/C, opening Bank at Hong Ko..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....he kabinnama and whether the verdict of the appellate Court to that effect dismissing the suit itself finding that the dispute ended in the salish, is a valid one or whether it has invited failure of justice, which are to be considered by this Court in this revision. 11. The law is very clear, on...... of the marriage and also consummation and accordingly, the defendant took plea that the plaintiff is not entitled to the dower money or maintenance. 5. Both parties adduced evidence both oral and documentary. The kabinnama is Ext. 1 and the Talaknama is Ext. 2. Both parties are educated and very..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....nt meted out should at least reflect proportionality to the punishment which would otherwise be imposed under the penal laws, otherwise, the whole procedure of trial and sentence becomes a mockery of justice, and the action taken by the Court martial will be undermined in the estimation of the publi......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rsing the finding of facts arrived at by the trial Court, the Court of appeal below allowed the appeal thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 18. Mr. Iqbal Hossain, the learned Assistant Attorney-General appearing for the opposite......peration the land was duly recorded in his favour in S.A. khatian No.985. During Liberation War, his all documents were lost. The plaintiff has been claiming the suit land by way of some fictitious documents and he has no right, title and possession in the suit land. Therefore, the suit is liable ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....ode of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examination under Section 342 of the Code is for the pr......the case. Having taken up the investigation of the case he visited the place of occurrence, prepared the sketch map, index and also filled up the FIR Forms and put his signature therein and all these documents were marked as Exhibits. FIR was marked as Exbt.1(ka), Sketch Map was marked as Exbt.3 and..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ccuseds cannot take advantage of cheir own conduct, which is apparently fraudulent. Besides, mere delay in a case like the one before us is not fatal, because the allegations made are based mainly on documentary evidence, where the chance of concoction or false embellishment is nil or the least. Hen..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....oram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 T......id raid they seized various local currencies and foreign currencies that the convict-petitioner was not present at his residence but his wife and his three sons were present, who failed to show any document as to owner of the said currencies and failed to show any authority to keep the same and ..Category: Criminal Law | Date: | Hits: 109
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....riginal jurisdiction challenging any action of the respondent or order in connection with the criminal case. Accordingly, she contends that, since admittedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seeking any protection of law. Accordingly,......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....tion etc., most illegally and in an unlawful manner passed the impugned Judgment and Order and thereby the revisional Court committed an error of an important question of law occasioning failure of justice. He submits that the revisional Court on misconception and by misinterpretation of the law a......itioners are different. The defendants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in preliminary form vide Judgment and decree dated 20-2-1959. Being a..Category: Procedural Law | Date: | Hits: 94
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....le proceedings stands abated. On many occasions the petitioner approached to the respondents to release his property but with no effect. Lastly, on 16-8-2000, the petitioner served notice demanding justice to the respondents (Annexure-E) asking them to refrain from acquisition and requisition of h......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....he suit land was acquired on 16-6-1988 the suit stood barred by law at least from 16-6-1988 and the ex-parte judgment dated 25-10-2009 of the High Court Division has seriously occasioned a failure of justice and the same is liable to be set-aside. 3.The centering round a notice dated 30-4-2007 is.......12 acres of land in CS plot No.77. While the plaintiffs were in possession of the suit land, one Abdul Aziz Khan in the name of an industry trespassed into 96 decimals of land by creating some false documents. Consequently, the plaintiffs filed Title Suit No.28 of 1967 for recovery of khas possessi..Category: Property Law | Date: | Hits: 104
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....e party No.2 may take shelter in the civil court and as such the continuation of the proceeding against the accused petitioner is an abuse of the process of court and liable to be quashed for ends of justice. 8. Mr. Abdul Baset Majumder the learned Advocate of the opposite party No.2, on the othe......er and the opposite party No.2 and in course of business the accused was in charge of business and during the term of the said in charge, the opposite party No.2, Arshadul Shafi, stole some important documents from steel Almera including the cheque being No.33008670 and partnership deed which were k..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....k of or absence of jurisdiction of the learned appellate Court to entertain this kinds of appeal, and as such, in my opinion, the learned appellate court committed error in law occasioning failure of justice in passing the impugned judgment and decree which are liable to be set aside. 17. Accordi......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..Category: Civil Law | Date: | Hits: 114
....tting a decree in the present suit by the plaintiff.
20. Thus, for the aforesaid reasons and discussions I am of the opinion that the learned appellate Court committed error occasioning failure of justice in allowing the appeal by the impugned judgment and decree calling for interference by this ......r alia, that the suit was not maintainable in its present form, that there was defect of parties, and that the Title Suit was liable to be dismissed.
6. Both sides examined witnesses and exhibited documents at the trial and that the trial Court decreed the suit and on appeal the title Suit was re..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....akes the minor abroad in any manner, then the petitioner will be deprived from resisting the opposite party’s claim for custody of her son. 9. Under the above circumstances I am of the view that justice will be met if the opposite party is restrained from taking the minor abroad until the custo......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....ittedly 5 ballot papers, which were duly cast during election, were found missing and on consideration of these facts the Election Tribunal came to the conclusion that it would be proper, for ends of justice, if the ballot papers are recounted in presence of the concerned parties. In view of the fin......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
.... of the Code of Civil Procedure, 1908 only formulates the Legislative recognition of well-known doctrine and principle that every Court has inherent power to act ex debito justitiae to do that real justice for administration of which alone it exists. Under section 151 of the Code Court acts ex deb......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....st position of Family Suit No.59 of 1993, which he did not comply with. 10. Under the facts and circumstances, I am of the view that the learned Senior Assistant Judge did not cause any failure of justice in allowing the miscellaneous case on setting aside the ex parte decree. 10. The plaintif......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
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