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Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that since 13-11-2005, the petitioner being fugitive from justice is not entitled to get any relief from the High Court Division in this writ petition. Conseq......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....ugned judgment and order dated 16-1-2006 passed by the learned Session Judge amounts to abuse of the process of the Court or whether the said order is otherwise liable to be quashed to secure ends of justice. 11. We have heard the learned Advocates appearing for both the parties, perused the appl......লোহাগাড়াকে রিসিভার নিয়োগ করা হইল।” 4. After hearing the parties and considering the records we find that both the parties have submitted documents to prove their title in respect of the disputed lands and that both the parties claim that..Category: Criminal Law | Date: | Hits: 105
....nnot be interfered with in exercise of revisional jurisdiction. The revisional court only is to see whether the courts below committed any error of law and their decisions have, caused any failure of justice……………….(31)
Cases referred to-
Abul Khair (Md) Vs. Pubali Bank Ltd. and ano...... the defendant No.3 and 4 being shelterless took possession in 30 decimals of land from the plaintiffs as licensee but in collusion with the defendant No.6 to 9, they were trying to create some false documents and threatened the plaintiffs on 15.12.1986 to dispossess them for which the plaintiffs fi..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....because the plaintiff could not prove the possession in the suit land by adducing oral evidence. The lower appellate Court committed an error of law and came to a wrong finding occasioning failure of justice in not considering the possession of the defendant over the suit land which was the material......over 20 decimals of the suit land bearing Plot Nos. 166 and 167. 10. The learned trial Court after concluding the trial, examined the evidence on record and after perusing the exhibits, papers and documents dismissed the suit. 11. Being aggrieved by the judgment and decree passed by the trial ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....bruary 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, on......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......860. It is recognised as one of the leading organisations with expertise in the field of environment and ecology and its work done in the public interest. Its reputation and achievements are well documented and need not be recounted here. BELA's locus stand to file this type of application in th..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ...... other two accused. P.W.2 identified both accused Billal and Jahirul while he was deposing in the Court. In cross examination P.W.2 replied that they could not recover any money, wearing apparels and documents. He could not tell the name of the villagers who apprehended the accused persons and als..Category: Criminal Law | Date: | Hits: 83
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....ow without appreciating the material facts and law decreed the suit for the entire amount of the dower, thereby committed an error of law, resulting in an error in the decision occasioning failure of justice. 11. Mr. Rafiqul Islam Mehedi, the learned Advocate appearing for the opposite party oppo...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....4 lie submits that being a Director of the respondent company or sister concern thereof they have relations with the transaction in question and, as such, their property can be attached for ends of justice. He submits that the said respondents cannot avoid their liability by taking the plea of the......preferred 2 separate applications for vacating the interim order against which the petitioner filed separate affidavits in reply. The petitioner also filed 2 supplementary affidavits annexing various documents including the correspondence between the parties as well as with the arbitration tribunal...Category: Alternative Dispute Resolution | Date: | Hits: 506
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....ve not been returned to him nor any reason assigned for not returning the arms and their licences (Annexure‑C). Therefore on 28‑11‑95 the petitioner served notice upon the respondents demanding justice but to no effect (Annexure‑D). Being aggrieved by the impugned memo directing him to depos......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......e. in section 96(10) of the State Acquisition and Tenancy Act, 1950, which stipulates that certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consideration". A document of Heba-bil-Ewaz has to be treated as a contractual document in the nature of sale and the ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....ed that having not considered the above pertinent aspects of the matter both the courts below have committed gross illegality which has resulted in an error in the decision occasioning failure of justice and as such the judgment and decrees passed by both the courts below are liable to be set ......ant which she asserted. 14. The plaintiff is to prove her own case and she cannot succeed or thrive upon the weakness of the defendants. In a case where the alleged executant denies execution of a document like a 'Kabinnama' (Ext.1) it was the duty of the plaintiff to prove the existence of such ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....dings of the case from their very initiation to the passing of the impugned conviction were an abuse of the process of the Court and consequently, the same should be quashed to secure the ends of justice. 7. Mr. Md. Khurshid Alam Khan next submits that there is a provision of Appeal as provid...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....evidence on record rightly decreed the suit, but the judgment of the Court of appeal below based on misreading and no consideration of the evidence on record which caused serious miscarriage of justice. He adds that the defendant only produced baynama (Exht. ক) in support of the auction purc...... course of trial the plaintiff examined three witnesses namely P.W.1 Mosarraf Hossain (Plaintiff), P.W.2 Kusai Mondol and P.W.3 Md. Ezahar Hossain, they were local witnesses. The plaintiff proved his documents as Exhts. 1 and 2 in support of his case. 7. The defendant examined two witnesses nam..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......ry value but it can be looked to test veracity of the witnesses. But benefit of discrepancy between medical report and inquest report creates a doubt, goes in favour of accused. Inquest report is the document being the earlier version of the occurrence has some importance in the prosecution case. It..Category: Criminal Law | Date: | Hits: 89
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... give him indulgence to fill up the lacuna. Finally, he submits that the impugned judgment and decree passed by the learned Judge of the appellate Court suffers from illegality occasioning failure of justice and calls for interference by this Court and thus the Rule should be made absolute. 12. N......…………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ntal principles of section 342 of the Code causes prejudice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
....e benefit of a private party, and against the public interest…………………………………(24)
Justice delivery system in this part of the world is based on the principle of liberty and justice for all. Public interest litigation means the legal action initiated in a Court of law for t......in two(2) volumes, one volume under the caption "SSA Bangladesh Limited" and the other volume under the caption "Business Plan, December, 1997" containing feasibility report, guidelines and all other documents along with the application dated 29‑12‑1997 and that by a letter dated 14‑1‑1998 t..
Category: Others | Date: | Hits: 113
.... Rule.
8. Mr. Mir Md. Joynal Abedin, the learned Advocate for the petitioners submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the ......gratuity, pension and other service benefits being a regular Government employee. The present petitioners as defendants Nos.1-4 filed written statement but did not adduce any evidence, either oral or documentary, before the Courts below. It appears from exhibit-4, service book opened by the authorit..
Category: Employment/Service Law | Date: | Hits: 166
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