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....rom the charges levelled against them and to publish their results but with no response. It is further stated that the impugned order has been made manifestly in violation of the principle of natural justice. The petitioners filed Writ Petition No.856 of 1991 challenging the impugned order and after......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....or enmity with one or other party. As the learned Sessions Judge acquitted the accused on manifestly wrong grounds we are of the view that the order of acquittal is perverse and has caused failure of justice and, as such, liable to be set aside. 10. In the result, the Rule is made absolute. Impug......able to be convicted and sentenced under sections 148/302/34/109/323/34 of the BPC". 7. Before coming to the aforesaid conclusion learned Sessions Judge after considering the evidence of D.Ws. and documents produced and proved by them and also the evidence of the P.Ws. found that informant Bachu ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ict Judge, Bogra. 11. Now, the point for determination is that whether the Courts below committed any illegality and material irregularity in passing the decisions which have occasioned failure of justice. 12. The learned Assistant Attorney-General for the petitioner State submits that impugne...... of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Ra..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
.... 13. Lastly, Mr. Khan submits that the learned Additional Sessions Judge failed to apply her mind to the facts of the case and evaluate the evidence on record, which caused a serious miscarriage of justice resulting in the conviction of an innocent person. 14. Mr. Bashir Ahmed, the learned Assi......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....out giving them any opportunity of being beard. Such cancellation of the appointments of these petitioners has been made most arbitrarily and mala fide and in violation of the principles of natural justice. In support of his submissions Mr. Aminuddin relied on the decision in the case of Governmen......ে দুই লক্ষ টাকা চেয়েছে, টাকা না দেয়ায় চাকুরী হয় নাই। 20. The Enquiry Committee, after scrutinizing the connecting documents recording the statement of the witnesses, submitted its report with the following observ..Category: Employment/Service Law | Date: | Hits: 148
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......ng represented by the Deputy Commissioner, Chandpur and others……………………….Respondents
Judgment
June 3, 2007.
Result:
The Rule is discharged.
In the absence of original documents, a court of law cannot rely on Photostat documents only as those documents do not have any..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......f the petitioners placed the application and the impugned judgment and decree submits that both the courts committed error in law without giving any findings that the plaintiffs failed to prove the document of settlement by which the plaintiff acquired the disputed land from the Hindu owners thus ..Category: Property Law | Date: | Hits: 96
.... Secretariat, Secretariat Building, Ramna, Dhaka & others………………………………Respondent
Judgment
July 9, 2008.
Result:
The rule is discharged.
Principle of natural justice
The principles of natural justice that no person be condemned unheard 'Audi Alterem Pa......তলা রোকেয়া মঞ্জিল,
থানা: হাজারীবাগ, ঢাকা-১২০৯।
30. It appears that the writ petitioner failed to annex any document to impress this Court that despite his reply and effort to satisfy the respondent No.2, the..
Category: Administrative Law | Date: | Hits: 299
....erly adverted to the evidence has reserved those findings and that judgment being not a proper judgment of reversal has committed error of law which is an error in the decision occasioning failure of justice. He further contended that issue No.6 and 7 were decided against the plaintiffs and that the...... huge debts. The said deeds were created in the name of Sree Sree Mohan Prabhu and Sree Sree Sriman Gopal Jew Deties. In fact, the aforesaid deities had no existence at all and the aforesaid debuttar documents were never acted upon and that the suit properties were never treated as Debuttar properti..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......ticket, the Petitioner on 24.7.2009 went to the Zia International Airport at Kurmitola, Dhaka to board a Saudi Arabia Airlines Flight to Jeddah but after he handed his Bangladeshi passport and travel documents to the Immigration Officer at the Airport the Respondent No.4, Officer-in-Charge (Immigrat..Category: Constitutional Law | Date: | Hits: 147
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....for the petitioners, argues that the Court of appeal below erred in law in dismissing the suit for Specific Performance of Contract on misreading Exhibits 1, 2 and X which has occasioned a failure of justice. Learned Advocate further argues that the Court of appeal below erred in law in assuming tha......tract; (b) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (c) to affect the operation of the (Registration Act. 190S) on documents." 9. The term "agreement" is defined in section 2(e) of the Contract Act, as every prom..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
.... of Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transferred on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......discharge" as used in the Customs Act 1969 means nothing but "unloading" of the cargo into the classified area of the Port…………….(25) Bills of lading, in one of its implication, being the documents of title, the holder of it gets the ownership of the said cargo carried by a vessel upon w..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....ng the impugned judgment did not advert to the finding and observation arrived at by the trial Court and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He submits that admittedly the suit is barred by section 11 of the Code of Civil Procedure ......in question is a channel as per section 20 (2A) of the SAT Act, 1950 and, as such, the suit land is retainable by the Government and the plaintiff has miserably failed to prove his possession and the documents as adduced by the plaintiff are forged, collusive and illegal. 4. During trial the plai..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....pelled to leave the house of defendant No.1 and, as such, she is legally entitled to maintenance and failure of the Court of appeal below to consider as such is an error of law occasioning failure of justice. 6. Admittedly, the plaintiff No.1 and defendant No.1 entered into marital tie on 8th Feb......rt the defendant No.1's claim that he wants to lead conjugal life with the plaintiff No.1 but the latter has refused to lead conjugal life with him. The Family Court without considering this oral and documentary evidence allowed maintenance of the plaintiff No.1 for 3 years 6 months 18 days at the r..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ening a letter of credit dated 21.08.05, hereinafter referred to as the vehicle. After arrival of the vehicle in Bangladesh, the petitioner got it cleared on 06.09.06 by submitting necessary shipping documents and also a certificate issued by the Hon'ble Speaker of the Parliament dated 29.08.06 issu..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....ape, firearms, explosive substance and drug. On each of the categories of the offences, normal Criminal Courts as well as Special Tribunal are there for trial. The intention of the Act is to do equal justice or even-handed justice to the accused of these offences. Although, in the decision of 55 DLR......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......rned Advocate for the defendants, but he made no statement in the cross-examination contradicting any of the facts relating to the claim. 10. In support of his statements the PW 1 produced certain documents which were marked as Exhibit Nos. 1-9 with objections from the defendants on the ground th..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
.... or to suspend or dismiss any person it is required to issue a show cause notice. Without issuance of any show cause notice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Cas......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
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