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Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....n his presence. He further alleged that he was coerced to sign on 17/18 blank sheets and therefore the enquiry was perfunctory. He was also not given any opportunity of defence and was denied natural justice. The Labour Court after considering the facts and circumstances of the case and evidence on ...... the respondent No.2 for about 16 years and petitioner Abdul Matin served for about 20 years. 8. So far as allegation against the petitioners is concerned the Labour Court held as follows: "The documents on evidence show that the petitioner and three others were members of weighment committee ..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......ircular not being rule or regulation but merely an Administrative Circular for internal guidance of the promotion committee to assess the merit of the candidates for promotion the same is an ordinary document validity of which can be challenged before the Administrative Tribunal. Had the same been a..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......€˜A’, gives the petitioner a guaranteed right, for the infringement of which, the writ jurisdiction of this Court could be invoked. 19. Government notifications are common form of administrative documents, to take steps for giving appointment. They have certain importance to the public but devo..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......xpected to fully appreciate the outcome of his action in waiving the right to silence. At that age he would be deemed not to have the mental capacity in law to sign any contract, agreeÂment or other document. The Children Act, 1974, provides for special consideration for children who come face to f..Category: Criminal Law | Date: | Hits: 98
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......terials from the Ministry of Liberation War Affairs and file an affidavit-in-opposition, but failed. He, however, opposes the Rule on the ground that most of the writ petitioners have not annexed any documents in support of their respective claims and as such they are not entitled to get the relief ..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....of this Court the tender age of the condemned prisoner Rokeya Begum as well as the other attending circumstances may he considered as extenuating circumÂstances for her and we think that the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....tion of irrelevant matters assigning artificial reasons then those reasons are likely to be manifestly wrong and perverse and decision arrived at on the basis of such reasons may result in failure of justice. 15. In some cases we have noticed that trial Court acquitted the accused merely because ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... Appeal below also erred in law in not awarding improvement cost to the petitioner even if pre‑emption is allowed, and the same has resulted in error in the impugned decision occasioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appearing for the pre‑emptor‑opposi......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....ideration of material evidence on record or mis-construction of any document or the finding are perÂverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concurrent finding of fact cannot be interfered with by the revisional Court under sect......e interfered within exercise of revisional Jurisdiction. It is a well settled law that unless there is gross misreading and non consideration of material evidence on record or mis-construction of any document or the finding are perÂverse and contrary to law or evidence resulting in an error in the ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....self attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case the whole thing starte......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
.... nullity. It may have given its decision in bad faith. It may have made a decision which it had no power to make. It may have failed in the cause of enquiry to comply with the requirements of natural justice. It may in perfect good faith have misconstrued the provisions giving it power to act so tha...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
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Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....the question of a fresh notice upon the defendants after the restoration of a suit to its original file and number, Mr. Farooque Ahmed, the learned Advocate for the appellant, submits that equity and justice demand that a fresh notice upon the defendants is absolutely necessary for preventing an inj...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Appeal) by an order No.15/94 dated 12‑1‑94 on the ground that the claim has become time barred under section 33 of the Customs Act (Annexures E and E‑1). 8. The petitioner caused a demand of justice notice dated 11‑6‑94 to be served on the respondents by registered post with acknowledge......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
.... has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of justice. It has been further submitted that the plaintiff petitioner examined as many as 10 witnesse......obtained the present Rule. 4. Mr. Sultan Ahmed, the learned Advocate appearing for the petitioner, has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of..Category: Property Law | Date: | Hits: 77
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....discussions made above it is very much clear that the learned Joint District Judge, 2nd Court, Kishoreganj has committed an error of law resulting in an error in the decision occasioning a failure of justice in allowing the prayer for temporary injunction. There is merit in the Rule. 14. In the r......¦¿à¦² গà§à¦°à¦¹à¦¨ করিয়া আসিতেছেন বটে।†These very statements as made in the Written Objection was neither denied by submitting any counter affidavit nor any document was produced before the learned Assistant Judge to show that no payment of salary was made ..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
.... step to vacate the order of status quo granted by this Court on 17.09.2008 and this order of status quo is in operation for more then one year and six months. As such we are of the view that ends of justice will be met if the order of status quo be continued till disposal of suit with a direction t......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....t properly applying his judicial mind into the facts and circumstances 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. He next submits that the executing Court having failed to appreciate the simple legal aspec......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....tance and force in the submission of Mr. S.N. Goswami the learned Advocate for the petitioner and accept the same Consequently, I am of the opinion that the impugned order has occasioned a failure of justice to the petitioners. 8. In the result, the Rule is made absolute without any order as to c......said application was rejected by order dated 30.5.99 (Annexure-A) on the ground that the petitioners could not establish their clear right, title and interest in the suit land by producing sufficient documentary evidence and thereupon the petitioners after collecting all relevant papers in support o..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....r the verdict of conviction and sentence awarded upon convicts can be sustained in law, evidence, mateÂrials on record, fact and circumÂstances of the case and also in true dispensation of Criminal justice; and c. Whether the convicts can be liberatÂed of the charge staged against them on best......hout calling the Magistrate as a witness. 55. Two requirements are necessary for admitting a confession into evidence. Two requirements for admitting such confession into evidence as a self proved document are (1) that it was taken in accordance with law and that (2) the identity of the accused w..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....harghata allowing an application under section 5 of the Limitation Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous deciÂsion occasioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
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