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Displaying 1281-1300 of 4590 results.

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....aggrieved person should prefer an appeal on receiving the order of cancellation in the normal course of events and should not prefer writ petition. Without preferring appeal, serving notice demanding justice, is an absolute bereft of the approved procedure…………………………(12) Whethe......e notice to the Petitioner Nos. 2 and 3 as well as respondent Nos. 6, 7 and 8 and accordingly, both petitioners and the respondents appeared before the respondent No. 3 and submitted their papers and documents in support of their right in the properties. Thus, it is found that the writ petitioners w..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....ng to support his case, purportedly acting under the undue influence of the Respondent No.2 and 3, submitted a biased and motivated report on 20.5.1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26.5.1996, Respondent Nos.2 and 3 asked the pet......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....poses specifically men­tioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inhe......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when the vendor himself ca..

Category: Procedural Law | Date: | Hits: 111

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..

Category: Criminal Law | Date: | Hits: 66

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....ent and vital evidence; and (2) the appellate Court itself requires that some vital evidence should be adduced by the parties. The object of this opportunity as rendered by the provision is to render justice to the party deprived off from adducing suchevidence. It is correct to say that the technica......tween the two plots. 19. The learned Attorney General Mr. Mahbubey Alam further argued that though belated but the technicality cannot be a bar to consider an application for adducing addi­tional documentary evidence at this stage of revision under section 115 of the Code of Civil Procedure, 190..

Category: Property Law | Date: | Hits: 88

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......nesses, including the Petitioner, who gave oral evidence in support of the petition, whereas 3 witnesses, including the Respondent deposed in support of the defence case. The Petitioner also produced documentary evidence, comprising Exhibits 1 to 53(1), in order to support his case; the defence did ..

Category: Election Law | Date: | Hits: 300

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....cate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natural justice, (ii) why the orders of suspension dated 25.10.2008 passed by the Syndicate should not be de...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....manifestly inadequate or unduly lenient in the particular circumstances of the case. The interfer­ence will be justified when Court fails to impose proper sentence which may result in miscarriage of justice…………………24 Shaping/Choosing Sen­tence The criminal and not the crime mus......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 118

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..

Category: Civil Law | Date: | Hits: 189

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....the selfsame allegation without having any fresh cause of action. Therefore, the instant proceeding is nothing but an abuse of process of the Court and it is liable to be quashed for securing ends of justice. 7. Mr. Mohammad Ali, the learned Advocate appearing on behalf of the opposite-party No.2......aken cognizance and framed charge against the persons and, as such, impugned criminal proceeding does not call for interference. 8. We have gone through the petition of complaint and other related documents annexed with the application and grounds taken therein. 9. The only question raised in ..

Category: Procedural Law | Date: | Hits: 108

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....on record in its entirety and correct perspective thus the learned appellate Judge failed in his duty and arrived at wrong finding and decision leading to error in the decision occasioning failure of justice. As such the same is not sustainable in law. 9. Mr. Saha next submits that the learned Ap...... Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rule 31 The Specific Relief Act, 1877 (Act No. I of 1877), section 27 A conveyance document is concluded agree­ment and the same is binding upon both the parties until and unless it ..

Category: Civil Law | Date: | Hits: 153

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......Parishad Chairman (D.W.3). Defendant also produced Exhibit-Ka being a postal receipt dated 06-10-102 showing the plaintiff No.1 as the addressee. But such a postal receipt alone is not the sufficient documentary evidence to prove a legal divorce. Because this document does not prove the fulfillment ..

Category: Family Law | Date: | Hits: 246

Md. Monowarul Hoque Vs. Government of the People's Republic of Bangladesh, and others, 2007, 36 CLC (HCD)

....4. For the reasons aforesaid, the impugned judgment and decree of affirmance dismissing the suit in its entirety cannot be sustained in law, which no doubt resulted in an error occasioning failure of justice. 15. In the result, the Rule is made absolute in part without however any order as to cos......as barred by limitation and whether the plaintiffs got title and possession in the suit land were settled. 7. In support of their case, the plaintiffs examined four witnesses and adduced number of documents, which were marked exhibit 1 to 4, the defendants examined one Tahsilder and produced a sk..

Category: Property Law | Date: | Hits: 100

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....tatutory obligation for examination of the material question how the mind of the detaining authority worked in making orders of detention………………………..(27) The principles of natural justice are not applicable in the case of preventive detention. The detaining authority is not requi......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....in are being tried under the same procedure and the enactment was made in consonance with the provisions of the Constitution itself. The new Ain is enacted as an step towards the popular saying that "justice is like a train that's nearly always late." …………………………..(20) Sessions......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..

Category: Criminal Law | Date: | Hits: 177

Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)

....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......itional evidence therein for proper decision. Learned Advocate submits that learned Appellate Court in stand of sending the case back to the Trial Court could have arranged for production of the same document as additional evidence in the appeal. He also seeks help in such regard from said cited dec..

Category: Procedural Law | Date: | Hits: 118

Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)

....power of the High Court Division to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." From the said provision, it has become manifestly clear that the inherent power of the ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..

Category: Procedural Law | Date: | Hits: 142

Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)

...., Pabna allowing an application to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case......2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between t..

Category: Procedural Law | Date: | Hits: 163

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... could easily get hold of it, would afford no defence to the bank.” Their, Lordships cited with approval the following passages from Halsbury's Laws of England, 3rd Edition. Vol. 2, Article 380, "A document in cheque form to which the customer's name as drawer is forged or placed thereon without a..

Category: Criminal Law | Date: | Hits: 130