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Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....xcept in cases in which the lower Court has "obstinately blundered", or has "through incompetence, stupidity or perversity" reached such "distorted conclusions as to produce a positive miscarriage of justice," or has in some other way so conducted or misconducted itself as to produce a glaring misca......ppellant, and that a copy of the said notice has been, also, sent to wife, complainant-appellant Nothing was furnished manifesting constitution of an Arbitration Council. There is no evidence, either documentary or oral, from side of accused-respondent that divorce (Talaq) became effective on ninety..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....Ali, Deputy Attorney General, appearing for the petitioner submitted that the High Court Division illegally disturbed finding of the fact arrived at by the trial Court; that the Principle of Criminal justice has not been followed in this case and, as such, interference by this Court is necessary; th......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....s undervalued only for re-conveyance to the vendor as the High Court Division made the Rule absolute thereby allowed the Preemption Miscellaneous Case No.54 of 2000 illegally occasioning failure of justice; that the learned District Judge found that the market value of the case land was much highe......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..Category: Property Law | Date: | Hits: 88
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....der of Waqf Administrator for handing over the charge to the Mutawalli to the petitioner and hence the impugned judgment and order of the High Court Division is liable to be set aside for the ends of justice. The learned Advocate further submitted that the High Court Division ought to have considere......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ..Category: Trust/Waqf Law | Date: | Hits: 117
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243...
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....wever filed an application praying for temporary injunction restraining defendant‑appellant from proceeding with the SCC execution case to prevent multiplicity of litigations and in the interest of justice and the learned Subordinate Judge after hearing both the sides was pleased to pass the impug......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....fendant respondent has raised baseless objection. All amendments that may be necessary for determining the real question in controversy between the parties may be allowed provided it does not cause injustice or prejudice to the other side. Ultimately Courts exits for the purpose of doing justice bet......im to repay the loan according to the conditions given by interest condonation committee. It is further stated that defendant respondent took loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant resp..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......he petitioner, in his submission, steadfastly emphasized that the learned Court below gave in to grave error of law in passing the impugned order for the reasons that as per clause 28 of the contract document, the matter could not have been referred to the Arbitrator as Article 28 unambiguously and ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ce of Chief Election commissioner shall not be illegible as a judge of the Supreme Court which office is in the service of the republic as defined under Article 152 of the constitution. It was argued justice Rouf having held the office of Chief Election commissioner for about 4 years cannot come bac......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....tioner was deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancellation/ recession/withdrawal of ......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....e any notice to the petitioner nor was the petitioner given any opportunity of being heard before issuance of the impugned order of termination which was a gross violation of the principle of natural justice. Hence the impugned order was liable to be declared to have been passed without lawful autho......ein for forming an opinion either by the Corporation or by its Chairman as to the non requirement of the service of the petitioner in the Corporation. Except the note sheet dated 20.03.2006, no other document or paper or fact has been furnished by the respondents to show that there was any exercise ..Category: Employment/Service Law | Date: | Hits: 156
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......ent in the suit found that the signatures were different. That the solenama was not signed by some of the defendants in Title Suit No.561 of 1976 and was therefore found to be a fraudulent and forged document. The trial Court also found that the plaintiffs in the instant suit could not prove their t..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....ding infant. The petitioner being the mother of the detenu children having genuine love and affection for the children has devoted her entire life for their upbringing. The petitioner served a demand justice notice through her lawyer asking the respondents to return back the children but there was n......ns made in the affidavit‑in-opposition. Annexure‑F annexed to this reply shows that the respondent No.1 has already transferred some of the property of the petitioner in England by creating false documents in her absence. 6. Dr. Kamal Hossain, the learned Counsel for the petitioner, submits t..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....nce, time and place and all other details with the provision that such error or omission will not vitiate the trial unless the accused has been misled by such error or omission occasioning failure of justice. Similarly, efforts were made under section 232 CrPC where in exercise of the power the appe......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...Category: Criminal Law | Date: | Hits: 144
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......ase in contravention of section 9 (since omitted) of the S. A. & T. Act and later on sought a declaration that the kabala was null and void. Court held that the plaintiff voluntarily executed a document for consideration and after having done that he could not be allowed to turn round and take..Category: Property Law | Date: | Hits: 146
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....t this stage only the petitioner is available before the High Court Division for shouldering the responsibility for forgery as he is responsible for identifying the alleged offender and bring them to justice. The High Court Division further held that the seal of the Court as contained in the forged ......to the concerned Metropolitan Judicial Magistrate against the petitioners and others under sections 465/466/471/475/181/488 or any other suitable penal provisions, annexing photo copies of the forged documents along with the actual true copies of those documents and other relevant papers and also to..Category: Criminal Law | Date: | Hits: 146
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....being made a party to the fraud committed by the respondent Nos.2 and 3. The petitioner therefore has filed this application for winding up of Bulk Management (respondent No.1) on the ground of being justice and equitable. 8. An affidavit‑in‑opposition on behalf of the respondent Nos.1, 2 and...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....ch, the necessary action in accordance with the clear provisions of the Bidhi 58(8) of the said Bidhimala is liable to be taken against the said respondent. He finally submits that in the interest of justice the impugned order dated 26-1-1994 issued by the respondent No.1 suspending the petitioner, ......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....e syndicate although appointments of other Departments were being duly considered by the Syndicate from time to time. As such the petitioner through his learned Advocate issued a Notice for demand of justice on 11-10-2000, for appointment to the post of Assistant Professor in the Department of Civil......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
....ivision to review it’s own judgment and order, but it is also true that there was no provision precluding the High Court Division from exercising power of review. The Court’s inherent power to do justice to the parties before it, is an accepted one and for that the form in which the court shall ......e has come to light as stated above. Hence the Review Petition.
24. It is submitted that the informant of the criminal case mentioned above, upon learning about the forged advertisements and other documents, on 14.11.2007 made a written application to the Registrar of the Supreme Court of Banglad..
Category: Administrative Law | Date: | Hits: 371
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