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State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....f the Penal Code, if we do not record, an order of acquittal in favour of accused Fazlul Huq the non‑appealing accused, it means that we are allowing an illegal order to perpetuate. The fountain of justice must not be stopped to the deprivation of any and its flow be allowed to continue so that ev......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..Category: Criminal Law | Date: | Hits: 87
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......ant, Amal Kumar Bhadra. Plaintiff has no right title and possession in the suit land. This defendant is in possession of the suit land having title there to. The amolnama is forged and on this forged document this suit was instituted. 5. The case of the defendant Nos. 38 to 40 is that, the suit l..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o what is ordinarily called mixed question' of law and fact. In those cases the High Court's interference with the decision of the lower appellate court may be warranted to prevent miscarriage of justice.' 56. A suit or case can be dismissed on the ground of limitation, but a plaint cannot be......mended section 21A of the Specific Relief Act, 1877 and submits that, new laws provided that agreement must be registered and in the agreement, within six months of the execution of the bainanama the document is to be registered and under section 22A of the Specific Relief Act if the document be..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....eposterous that the same cannot be believed by any impartial tribunal but unfortunately the learned Judge of the trial tribunal failed to consider the same in its true perspective and accordingly injustice has been caused to the petitioner and therefore the conviction and sentenced awarded again......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..Category: Criminal Law | Date: | Hits: 115
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....e32, as was held by Krishna Iyer Jin the said case. 30. Referring to the said decision Mr. Nizamul Huq has drawn our attention to paragraph 26 of the said Judgment with runs as under. "Where in justice, verging on inhumanity, emerges from hacking human rights guaranteed in part III and the vic......ment; (9) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment; (10) willful damage to prison property; (11) tampering with or defacing history tickets, record or documents; (12) receiving, possessing or transferring, any prohibited article; (13) feigning i..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 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. 35. In the result, the Rule is made absolute. The impugned judgment and Order dated 30-8......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... the case and, as such, the impugned judgment is not sustainable in law as the learned appellate Judge has committed error of law which has resulting in error in the decision occasioning failure of justice. Mr. Mazumder further submits that the impugned judgment suffers from misreading and non-rea......d trial Judge on the basis of the pleadings of the parties framed as many as 5 issues for effectual disposal of the case and both the parties in support of their respective case adduced both oral and documentary evidence. 6. The pre-emptor petitioner i.e. the present opposite party No.1 adduce 3 ..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....es to take a contrary view. We are, therefore, clearly of the opinion that the proceedings in question are not maintainable under the law and are, accordingly, liable to be quashed in the interest of justice. In the result, therefore, the Rules are made absolute and the respective proceedings qua......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....rshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and non-reading evidence of D.Ws. Mr. Khan has taken me to the Ext. Ka......w resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and non-reading evidence of D.Ws. Mr. Khan has taken me to the Ext. Ka. From Ext. Ka it appears that the documents has been prepared in the head “দেনমোহরানা ও খোরপোষ..Category: Family Law | Date: | Hits: 224
....dge erred in law in not allowing its such prayer for assistance to get such physical possession of the concerned properties.
Under such circumstances, the learned Advocate submits that for ends of justice and in exercising its jurisdiction as envisaged under Order XXI rule 98 of the Code, the nec......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
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Category: Civil Law | Date: | Hits: 208
....from paying her salary. The conduct of the defendants Petitioner are not fair. In view of the above I find that the exemplary costs is liable to be assessed against the defendants to meet the ends of justice. I find no merit in the Rule.
12. In the result, the Rule is discharged with a costs of T......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
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Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......wn that decisions have been based upon gross misreading of evidence or those have been founded on misconception or misapplication or misapprehension of law or of any misinterpretation of any material document or otherwise perverse being contrary to law, evidence and materials brought on record. Supp..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
.... shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall......lant while none entered appearance for the respondent. 6. The learned Senior Counsel Mr. SS Halder though at first conceded at the initial stage of hearing that the original 'Will' is an essential document for the purpose of granting probate, yet subsequently he has made submission that there are..Category: Property Law | Date: | Hits: 113
....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......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
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Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....maintainable under section 17 of the Arbitration Act the same may be converted into a revisional application under section 115 of the Code of Civil Procedure. Be that as it may, we in the interest of justice, convert the Memo of appeal into an application under section 115 of the Code of Civil Proce......ce of the aggrieved party the Chairman of the Water Development Board will appoint an Arbitrator to adjudicate upon the dispute between the parties. Neither party disputes as to the genuinity of this document which is annexed at page 119 of the paper book but we are of the opinion that this document..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....to him the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Parvin Hannan, the learned Assistant Attorney General appearing on behalf of the......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....idual case without regard to authority or principle. Granting a specific performance is not to be claimed as matter of right. It is in the discretion of the Court and will not be done unless complete justice can be done by the party seeking it. Discretionary is not arbitrary or capricious but it mus......was fixed at Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expiry of the a..Category: Civil Law | Date: | Hits: 102
....t the question of locus standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and maintain a writ petition. In the instant case the respond......ication published in the newspaper are annexed to the petition and marked as Annexures‑A and A(1).
3. The petitioner spent Taka 2000.00 for purchase of copy of terms and conditions of the tender documents issued for 1994‑1995 applicable for 1996‑1997. Copy of the terms and conditions is ann..
Category: Civil Law | Date: | Hits: 178
....etitioners on an erroneous view of law and facts, ignoring material pieces of evidence, affecting the ultimate decision of the case and, as such, the same is liable to be set aside in the interest of justice.
In the result, the Rule is made absolute with cost which we assess of Taka 2,000.00 (two......e learned Court of Settlement was not at all justified in holding that the case property was rightly declared as an abandoned property on the finding that the petitioners did not produce any oral and documentary evidence showing that Ahmed Reza was living in Bangladesh during and after the War of Li..
Category: Property Law | Date: | Hits: 116
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....ment of the kind, that counsel's absence, when the case was called because he was elsewhere in his professional activities, was not a sufficient ground, will not be conducive to the administration of justice, for which the Courts exists. "The absence of the Advocate on account of his being busy el......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
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