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Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....at the alleged contract was a void contract in the eye of law. In view of the above both the Courts below have committed an error of law resulting in an error in the decision occasioning a failure of justice in granting a relief against law and the Judgment and decree impugned in this Rule is liable......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....any reason whatsoever for cancellation of the MPO. Before cancellation of the MPO, the respondent did not serve any notice upon .the petitioner for showing cause. Therefore, the principles of natural justice were violated in the instant case. The respondents did not withdraw the cancellation order i......০৪/২৯৩ dated 09.06.2004 granted MPO to it and directed the principal to submit relevant papers within 12.06.2004. Pursuant to the direction, the principal forwarded all requisite papers and documents to the Ministry of Education through the District Education Officer, Jhenidah, vide Memo N..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....f conviction and sentence passed by the learned Magistrate, yet this Court has jurisdiction to see and analyse the evidence whether the decision taken by the appellate Court caused any miscarriage of justice. 18. We are now called upon to scrutinize the material evidence on record to arrive at a ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......t she never mortgaged her house situated at Dhanmondi Residential Area in favour of the plaintiff bank by way of 2nd charge nor did she execute any letter of guarantee and that if any such 2nd charge document or personal guarantee is produced that must be untrue and baseless and that she was out of ..Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....itioner and it was undesirable to keep him under suspension for an indefinite period; that the respondents having notwithdrawn the order of suspension the petitioner on 4.3.89 issued notice demanding justice to withdraw the order of suspension and thereafter the petitioner filed Writ Petition No.285......etition No.285 of 1989 on 12.3.89 challenging his suspension for indefinite period and a Rule Nisi was issued on 12.3.89; that in the said Writ Petition the petitioner annexed copies of some official documents in order to show that he had. been performing his functions dutifully and did not hush up ..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....is has brought this petitioner and others, in a very uncertain position without any fault of their own. In this view of the matter the petitioner is really justified to file this writ application for justice inasmuch as though the Government directed to absorb them in the ECS (Customs & Excise) ......es and since the post of the petitioner was abolished and he was declared surplus, the respondent No.1 directed the National Board of Revenue to absorb him according to Rules. But from the papers and documents which we have already referred earlier in this judgment and which have been annexed in the..Category: Employment/Service Law | Date: | Hits: 186
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
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Category: Fiscal/Taxation Law | Date: | Hits: 221
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....at hurry wanted to conclude the arbitration proceedings, the petitioners were compelled to withdraw from the arbitration proceedings on 24‑10‑94 in the apprehension that they would not get proper justice from him. The petitioner filed another application dated 25-10-94 before the learned Subordi......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ers from inherent legal infirmity. By passing the impugned order, the learned Arbitration and Subordinate Judge has committed error of law resulting in an error in the decision occasioning failure of justice and the order is liable to be set aside. 30. In the result, the rule is made absolute. T......selecting the proper law, the Court has to consider the country with which the transaction has the closest and most real connection. The other factors such as the availability of evidence, witnesses, documents, convenience of parties, expenses, etc all point to Bangladesh for arbitration to take pla..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
..... We have gone through the record and we are of the opinion that there are some evidence in support of the allegation made in the complaint. In this view of the matter we think in the interest of justice the Narazi application be allowed, Final Report submitted by the Police be rejected and th......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...Category: Procedural Law | Date: | Hits: 100
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is entitled to a decree prayed for in the suit and by decisions of Courts below a failure of justice has been occasioned. II. Plaintiff-Petitioner having asserted her source of title on inhe......gs and Issues Plaintiff and Third-Defendant fought out the suit. Fourth-Twelfth Defendants, though, laid written statement did not put up contest at the time of trial of suit. Evidence both, oral and documentary had been led in support of respective contentions of Plaintiff and Third-Defendant. Plai..Category: Procedural Law | Date: | Hits: 108
....e statues. The learned Counsel in this regard also stressed on the principle of legitimate expectation of a citizen and lastly, he invoked the principles of Audi Alterum Partem that is to say natural justice in matter of fixing the financial burden of the petitioner. The learned Counsel placed his r......us was fully aware of the number of seats and, number of shows in each day of the Cinema Hall. That as evident from Annexure‑C‑3 to the writ petition, he further submitted that certain papers and documents were asked from the petitioner by the Customs authority though those could not be produced..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......r Faraji Vs. Bangladesh represented by the Secretary Ministry of Land Administration and others (26 DLR 304), it was decided by a Division Bench that in a transfer by a registered deed of sale if the document itself does not contain the condition of reconvey the transfer cannot be said to be usufruc..Category: Property Law | Date: | Hits: 117
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....olong mental sufferings of the petitioner. Such conduct of the Respondents tantamounts to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquiry officer ......alf of the Respondent Nos.1 & 2 to oppose the Rule. 8. Mr. Abdur Rab Choudhury, the learned Senior Advocate appearing on behalf of the petitioner took us through the impugned order and annexed documents/papers available on record and submits that impugned order of suspension (Annexure-'A') da..Category: Employment/Service Law | Date: | Hits: 165
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... the accused to carry out a joint design. It is held in the case of Muhammad Ilyas and 5 others Vs. State, reported in PLD 190 (SC) 443, relevant page 447. "In such cases, the safe dispensation of justice is not ensured by merely examining each witness's evidence separately and considering whethe...... statements of accused Raisuddin and wife of accused Amanullah recorded under section 164 CrPC to be true and voluntary and acted upon it. The learned Judge observed, "On a careful scrutiny of the documentary and oral evidences on record and considering the facts and circumstances of the case in ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....f evidence or non‑consideration of evidence or the Court acted without jurisdiction. As such, we are of the view that the Courts below have not committed any error of law occasioning any failure of justice in this case and, as such, the impugned Judgment and decree passed by the Courts below do no...... agreement in question was concocted and fraudulent. 4. In this case the plaintiff examined four witnesses, while the defendants examined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hearing the par..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....acts and circumstances of the case and on the face of the allegations made in the petition of complaint the proceedings insofar as it relates to the petitioner is liable to be quashed for the ends of justice. We have given our anxious consideration to this aspect of the matter. Section 561A of the C......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....r the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the application for amendment of the written statement. The learned Advocate fu......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....ed and no remedy is available to the petitioner except the remedy under section 151 CPC in this Division and this Court in exercise of its inherent power can pass order for injunction for the ends of justice preventing the opposite party from evicting the petitioner from the house. Where an alternat......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
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