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Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....f law that the concurrent finding of fact of the Trial Court aswellas the appellate Court cannot be interfered with in revisional jurisdiction unless such finding is perverse occasioning failure of justice. Since there was no finding of exclusive possession of specific and separate share of th......ding the issue of maintainability and the plaintiff has exclusive right title interest and possession in the suit land. 6. In course of trial the plaintiff examined four witnesses and proved his documents as exhibits 1-8. The defendants examined two witnesses and proved their documents as exhib..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....rst information report, even if, are taken as true do not constitute an offence punishable under Sections 420/406/506 and as such the impugned proceeding is liable to be quashed to secure the ends of justice. 7. Mr. Subrata Chowdhury further submits that it transpires from First Information Repor......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..Category: Criminal Law | Date: | Hits: 104
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......sumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intent to dispose of the beneficial interest therein or ..Category: Property Law | Date: | Hits: 134
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ..Category: Civil Law | Date: | Hits: 117
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ...... reversionary Subhadra, the daughter of Jatri in the meantime was married. But she was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same t..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 03.06.1974 under the Local ......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..Category: Employment/Service Law | Date: | Hits: 120
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....njunction or status quo and the balance of convenience and inconvenience does not support him. The Courts below have committed error of law resulting an error in the decision occasioning failure of justice in not considering the balance of convenience and inconvenience as per law. 23. The sui......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....So, we consider that the sentence passed by the learned tribunal below is a abuse of the process of the court. It is not in keeping with the magnitude of the offence. We consider that between ends of justice if the sentence is reduce to the period of imprisonment undergone by him immediately after......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......ecuted with the company, which is separate and distinct from the present matter. Ms. Jahan concludes by submitting that since the sum of money owed to the petitioner is evident from the company's own document, i.e., the statement of December, 2006 and since the company has refused to make such pay..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
.... 1908 is applicable in the Admiralty Jurisdiction in order to reject a plaint in Admiralty suit where-from it appears that his Lordship the honourable Chief Justice Mr. FKMA Munim and his companion justices of the Appellate Division Md. Ruhul Islam J, Badrul Haider J, Shahabuddin Ahmed J, and Chow......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 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 in the course of his argument upon placing the provisions of section 216A/217 of th.......K. for GBP 8,509,50 and appointed defendant No.2 as pre-shipment inspection agency to issue CRF (clean report findings) certificates after inspection of the goods. The defendant No.2 after receiving documents forwarded the same to their London Office, that is, defendant No.1 for inspection. The d..Category: Fiscal/Taxation Law | Date: | Hits: 156
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: 124
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....l Huq, the learned Counsel appearing on behalf of the appellant, submits that the order of suspension passed by the disciplinary Committee cannot be maintained, as it offends the principle of natural justice. He submits that the plaintiff was not given the legal and proper opportunity to controvert ...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..Category: Others | Date: | Hits: 154
....nt or sentence or make orders for retrial or such other orders as he deems necessary for the ends of Justice," we find that the reviewing authority has to exercise his power of review for the ends of justice". We also find that in theMartial Law dispensation of justice there is no appeal or revision......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
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Category: Constitutional Law | Date: | Hits: 259
....nt Nos.15, 16, 17, 18 and 19 but noaction was taken by the police to prevent the said respondents from damaging the forest.
10. Under such circumstances, the petitioner served a notice demanding justice on 10-2-2009 upon the respondents to take immediate action and to stop setting up of unautho......d as one of the leading organizations with expertise in the field of environment and ecology and its work done in the arena of public interest litigation. Its reputation and achievements are well documented. BELA's locus standi to file this type of application in the form of public interest liti..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....lved therein. Therefore, the learned Counsel submits that the prolongation of the instant proceeding amounts to an abuse of the process of the Court which is liable to be quashed for securing ends of justice. 12. It may be pointed out that Opposite Party No.2 has not entered appearance at any sta......Assistant Attorney General submits that the certified copy of the plaint in two different suits and the order passed in one of them may be produced in favour of the petitioner at the trial Court as a document for their defence and in deciding a proceedingunder Section 561A of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....gation has not been perfect. I find substance in the submission. Hence, the re-investigation of the case may please be taken up by Assistant Police Commissioner (Kotwali) himself to ensure proper justice". 4. Against the said order of ire-investigation the informant Mohammad Hossain preferred......f an offence after a report under sub-section (1) has been forwarded to the Magistrate and where upon such investigation, officer-in-charge of the Police Station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidenc..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....hout 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 error in the impugned decision occasioning failure of justice. Drawing our attention to the provisions of, section 32 (2) and 6(5) of the Ain, 2003 Mr. Ez......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....n-contested election of opposite party Nos.1-4, as Vice-President and Members of the Managing Committee. Thus the learned Additional District Judge committed an error of law occasioning in failure of justice. 33. The learned Additional District Judge did not consider the other aspects of election......imary Society cannot be re-elected to any office of the Gaforgaon, UCCA, whether through opposite party No.9 or other person. 24. In considering the above findings of the Appeal Officer, two other documents being Annexure A and B to Writ Petition No.3152 of 2009 need to be looked into. These docu..Category: Others | Date: | Hits: 140
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