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Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....ch was hidden in the water of the tank and no such injury was caused by accused Rashid. The learned Judge did not consider the defence case in its true perspective resulting in serious miscarriage of justice, as such, the accused appellants in both the appeal are entitled in law to be acquitted. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....ranted by the trial Court was a legal one or whether appellate Court by setting aside the order of injunction has committed any illegality resulting in an error in the decision occasioning failure of justice. 7. Mr. Shafique Ahmed, the learned Advocate for the petitioner, submits that the action ......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....er Molla was discharged by the committing Magistrate on 4.10.78 while the other accused persons were committed to the Court of Sessions for trial. If the prosecution thought it fit in the interest of justice, the Public Prosecutor with the approval of the appropriate authorities could have moved the...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....ember, 1993. Appeals were filed before the Principal of the College on 8-11-93 with no result. Finding no other alternative the petitioners through their lawyer sent a telegraphic notice demanding justice on 3-12-93. No reply having been received the demand for justice seemed to have been denied...... might result in consequences affecting the "person or property or rights of the parties concerned" held, that" "the rule applies even though there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for, in such cases this requirement..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
.... instant dime suits filed on three fixed deposits. In this view of the matter, the learned Subordinate Judge has committed no error of law resulting in an error in the decision occasioning failure of justice in passing the impugned orders under which the written statement was accepted and a date was......t is that being cheques these are negotiable instruments and, as such, summary procedure under Order 37 of the Code of Civil Procedure is applicable to them. 7. We have perused photo copies of the documents relating to the deposit of Taka 1,70,000.00 Taka 3,45,000.00 and Taka 2,00,000.00 issued b..Category: Civil Law | Date: | Hits: 87
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....and title in the suit land, if, before disposal of the suit, defendants make any construction in suit land and transfer the same, then there will be multiplicity of suit. He adds that for the ends of justice defendants should be restrained by an order of temporary injunction in terms of the prayer. ......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...Category: Civil Law | Date: | Hits: 111
..... Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation of principle of natural justice and also flouts the provision of Article 40 of the Constitution by which right to trade, bus......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
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Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37......., if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, rent receipts and other relevant documents in the office of the defendant No.3 with an objection that the suit land is not a vested p..Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....ent Rule. 7. Mr. Hasan Foez Siddique, the learned AdvoÂcate appearing for the petitioners, firstly submits that the learned Subordinate Judge committed an erÂror of law resulting in a failure of justice in not holding that the Misc. Appeal No.11 of 1984 was not at all maintainable in as much as......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....f the case and also in view of the fact that the accused appellant after commission of the crime however did not abscond and he was in custody for a long period during trial, we feel that the ends of justice will be sufficiently met if we reduce the sentence of 14 years RI of the convict appellant t......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......as been prepared in the name of all co‑sharers Girish and Sukmon, along with the plaintiff and it did not disentitle the heirs of Sukmon and Girish Chandra to claim their share in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Gi..Category: Property Law | Date: | Hits: 123
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summariÂly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......r. Azizul Haque, the learned Advocate for the petitioner, submits that no offence punishable under section 175 of the Penal Code has been comÂmitted by the petitioner as he has already deposited the documents with the complainant as directed by him by his notice dated 21.4.86. The learned AdvoÂcat..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ed. 27. The information slip Annexure A showing that the transmission cost was not deposited in the Rent Control Case, I think, can not be looked into at this stage because it not being a public document the matter should have been raised before the trial Court and considered there on evidence ..Category: Tenancy Law | Date: | Hits: 214
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....powers under secÂtion 10 CPC in our opinion, but in exercise of powers under section 151 CPC, in order that the proceedings under the special law are given an unhinÂdered passage in the interest of justice. 11. Besides, the opposite party has instituted the Miscellaneous Case after obtaining sp......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
....m no illegality. He further submits that Public Prosecutor is in charge of all criminal cases in the District and he had implied authority to conduct all criminal cases for administration of criminal justice and as such no specific order is also necessary on beÂhalf of the Government for revival of....... The SesÂsions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..Category: Procedural Law | Date: | Hits: 143
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....de Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of permanent injunction restraining the defendant‑petiti...... party. It is only when the Managing Committee asked for a report that the Headmistress placed it before the Managing Committee. The plaintiff opposite party No.1 does not dispute the contents of the documents submitted by the Headmistress along with the report. What he emphasises is that the Headâ€..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....In view of our discussion as above we find that the learned Subordinate Judge committed error of law in passing the impugned order thereby resulting in an error in the decision occasioning failure of justice. The impugned order cannot be maintained. In the result, this Rule is made absolute witho......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ituation. (2) Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice, and establish the evidence for the sake of Allah. Such is the admonition given to him who b......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....d to do such a thing and since she made a categorical statement before this Court that in future she would not do anything like this and she begged mercy of the Court, we are of the view that ends of justice will be met if we alter the conviction and sentence of life imprisonment and award her minim......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....f fact. It is concerned with the questions as to whether the appellate Court in giving a particular finding has committed any error of law resulting in an error in the decision occasioning failure of justice or such finding is found to have resulted from glarÂing misconception of law or there is mi...... This finding of the High Court Division is based on non-applicaÂtion of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has considered both oral and documentary eviÂdence, particularly the khatians and came to the conÂclusion that the heirs of Ela..Category: Property Law | Date: | Hits: 138
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