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Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....absence of any provision of law requiring publication of the order of the trial Court directing the accused to appear before him on the date of trial specified in the notice, the principle of natural justice also requires that the accused must be given a chance that he is facing a trial and has to m......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....t the instance of the parties or even suo motu. I am inclined to accept this view as it appears to me to have substance. This Court in revisional jurisdiction is not powerless and can for the ends of justice rectify any illegality committed by the inferior Court even if such defect is not pointed ou...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......tly, as there was no criminal intention of the petitioner to file the application by signing the same and that by giving signatures of some other persons the application cannot be said to be a forged document. Secondly, there is no element of fraud or any damage or injury to any authority or person ..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....d in the Court of Sessions Judge, in view of the provision of section 408 of the Code of Criminal Procedure. 17. May be, this provision of law is not good and inconsistence with the spirit of fair justice or rule of prudence; but, unless law is strike down or amended we have no authority or scope......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....f the view that the accused is languishing in the death cell for the last 6(six) years. So, the attending circumstances imp us to consider his sentence as well and we are of the view that the ends of justice will be met if his sentence is commuted into the sentence of imprisonment for life from th......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
.... appellant. This procedure is not in conformity with provisions of section 476 of the Code. In section 476 it is provided that when any Court is of the opinion that it is expedient in the interest of justice that an inquiry should be made is to any offence referred to in section 195, sub‑section (......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......eir possession on suit properties i.e. properties allotted to them through process of Court since the year 2000. 24. From statement contained in Civil Revision and Counter Affidavit and papers and documents annexed the following true-to-life matters pre-eminently emerged: i. Eighteenth and Nin..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
....ghts. The relevant authority had given the hope that it would be done soon. But till today this mutation was not completed in favour of the petitioners. Ultimately, the petitioners caused a demand of justice notice dated 5‑7‑92, but without any result. Under the aforesaid circumstances, the peti......n of their names in the record of rights of the Government. On the application of the petitioners the respondent No.1 by the letter dated 2‑8‑87 asked the petitioners to submit certain papers and documents as mentioned in the said letter in order to consider their application for mutation. As pe..
Category: Property Law | Date: | Hits: 119
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative of the fundamental basic principle of justice and fair play or where a patent or flagrant error in procedure or law has crept in or where ......tter for judgment, the Court found that further argument would be necessary and fixed 9‑5‑1994 for argument. But on 8‑5‑1994 the plaintiff‑bank filed an application for exhibiting couple of documents and the learned Court by its order dated 9‑5‑1994 allowed the application and fixed 11..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....m some portion of the suit land appertaining to plot Nos.47-250. But due to unavoidable circumstances they could not amend the plaint in time. Such amendment is required to be allowed for the ends of justice. 4. The application for amendment was opposed by the defendant respondents. After hearing......rdance with law. 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: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
....der without properly his judicial mind into the facts and circumstance of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. Mr. Razzaque to fortify his submission has relied on the decisions reported in 4 BLC 615 ......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
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Category: Civil Law | Date: | Hits: 178
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ceed? II. Have Plaintiffs got any title on suit property? III. Are Plaintiffs entitled to decree as prayed for? 7. Over pleadings and Issues, parties fought out suit. Evidence, both oral and documentary, had been led in support of respective contentions of parties. Two witnesses had been ex..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....tted an error of law in passing the impugned judgments in failing to appreciatethe case of the respective parties in its true perspective, resulting in an error in the decision occasioning failure of justice as such, the same are liable to be set aside. He next in the course of argument after placin......ntiffs have right, title and possession in the suit land? (6) Whether the plaintiffs are entitled to get the relief as prayed for? 5. At the trial both the parties led evidences both oral and documentary to prove their respective cases. The learned Assistant Judge on consideration of the mat..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......ৎকৃত অর্থ বাদী ব্যাংকের ফেরৎ দানের নির্দেশ দেয়।” 10. He proved series of documents, namely, the letter dated 26-12-1991 addressed by Dhaka WASA confirming their custody of t..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....141 of the Negotiable Instruments Act being procedural law the latest amendments to those sections shall apply to the case of the petitioner. If a case is tried by the Court of Sessions, the cause of justice will bebetter served as the Sessions Courts are named by Senior Judicial Officers unlike the......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....ivelihood. Since right to trade is a fundamental right and since no show cause notice was given before cancellation of the Export Registration Certificate, it is violative of the principle of natural justice. From the impugned order, Annexure‑A, itself and some other papers as well as from the aff......odged complaint to the Export Promotion Bureau, Respondent No.4. The Export Promotion Bureau on the basis of the complaint called for a meeting wherein the Agents of the petitioners submitted all the documents and papers issued by the Government Agencies, Lloyds Surveyors and the buyers' agents as t..Category: Civil Law | Date: | Hits: 140
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....arned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that on 27-9-2007 plaintiff instituted Money Suit No.4 of 2004 in ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....er appellate Court reversed the finding of the trial Court without discussing the evidence on record and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He further submitted that the learned Assistant Judge, on proper consideration of evidence ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
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