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James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....text and the other clauses of the Act, so far as possible, to make a consistent enactment of the whole statute or series of statutes relating to the subject matter." (10) Further we have to render justice according to law as has been laid down in the case of Nur Muhammad & ors. Vs. Moulvi Mai......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..Category: Civil Law | Date: | Hits: 169
.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......Court, for use at the time of hearing of the suit. The defendant filed a written objection against the petition but nonetheless, the petition was allowed and defendant No.1 was asked to produce those documents in court. As the defendants did not produce the documents, the plaintiff filed a petition ..
Category: Procedural Law | Date: | Hits: 132
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....h had led the suit to be decreed ex parte. In other words, it was held that the defendant could not prove his case under Order 9, rule 13 C.P.C. The learned Munsif, however, observed that for ends of justice the petitioner (defendant) need be given an opportunity for contesting the original suit on ......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....ircumstances, if it is held that delay of few months in disposing of those cases would by itself be an extenuating circumstances for not confirming death sentence, it would result in a miscarriage of justice which position legislature cannot have intended. In a proper case Govt. may consider the sam......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......ah Chowdhury, the learned Advocate for the appellants, took us through the first information report, charge-sheet, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the trial C..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....জেরা। 18. On scrutiny, it is revealed that only P.W.2 Dulal Mia, P.W.3 Zakir Hossain and P.W.4 Ripon are required to be re-called and cross-examined. Thus we are of the view that ends of justice will met if a chance is given to the accused petitioners to re-call and cross-examine P.W. 2......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......f the shares made by Amlani and his group and Md. Razi Hossaio and others. From annexure-A to the affidavit-in-opposition of respondent No.4 it appears that on 12.02.1971 Amlani and three others by a document of pledge had pledged 1,00,000 shares of Purbachal Jute Industries Ltd. with the Commerce B..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....itional District Magistrate Jessore under 561A of the Code of Criminal Procedure. The High Court exercises its inherent power to avoid any abuse of the process of the Court or to secure the ends of justice. Hence out of necessity it requires a finding to the effect that if the proceeding is permit......Corruption, Jessore to the effect that petitioner Mst. Saleha Khatun wife of Hazi Manirussamah of village Kandra under P.S. Jhenindah, District Jessore in connivance with others had created a false document namely a Bainanama showing one Sadaraddm Ahmed husband of the complainant Halima Khatun a..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... claim cannot be satisfied. 13. Since the Supreme Court of Judicature Acts, 1877 and 1875, the defendant who appears renders himself liable to all the remedies enforceable in the High Court of justice (Halsbury's Laws of England, Third Edition, Volume-I, p.49.50, footnote ‘r’). 14. Def...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
.... sale of immovable property time is not the essence of contract and during three years at the trial stage defendant did not care to enquire about the fate of the suit, we are of the view that ends of justice will be met if decree for specific performance is passed subject to payment to the responden......s that there was no requirement for the plaintiff to examine the attesting witnesses of the baina and that the provisions of section 68 of the Evidence Act is applicable only in those cases where the documents concerned are required, by law, to be attested by witnesses such as gift, will, etc. and t..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....d one witness while the contesting opposite parties also examined one witness in support of their respective the impugned decision occasioning failure of cases. The parties also exhibited a series of justice documents in support of their claims. 6. The learned Subordinate Judge, on consideration ......tness while the contesting opposite parties also examined one witness in support of their respective the impugned decision occasioning failure of cases. The parties also exhibited a series of justice documents in support of their claims. 6. The learned Subordinate Judge, on consideration of the f..Category: Employment/Service Law | Date: | Hits: 194
....dent No.1, RAJUK to get his final allotment letter (“চুড়ান্ত বরাদ্দপত্র”) but of no effect. Finding no other alternative the petitioner issued a notice demanding justice upon the respondent on 11-8-08 and ultimately filed this writ petition and obtained the inst......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ...... for them submits that they accrued right, title and interest in a part of the suit land by the said deed, regarding their such claim they made averments in their pleading but could not produce the document during the trial of the suit and hearing of the appeal. After preferring this revision they..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......enced each of them to suffer imprisonment for life and 1cquitted the other accused Moklesur Rahman from the charges. 6. Mr. Ruhul Amin, learned Advocate for the appellant, placed the papers and documents on record and read the evidence and impugned judgment before us. He submitted that though ..Category: Criminal Law | Date: | Hits: 148
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....ich covers a particular case or there is an alternative remedy. It is the contention of the petitioners that the Civil Court has ample reserve of its inherent powers to do what would meet the ends of justice when fraud is committed on the court itself and the learned Assistant Judge has, therefore, ......osecuted the appeal. A Division Bench of this Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on record both oral and documentary we are satisfied to hold that the deed of agreement dated 15.8.71 Ext. 4 was not execute..Category: Procedural Law | Date: | Hits: 130
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....r served with any show cause notice as to his fault for his forced retirement from headmanship nor he was given chance of being heard as to any allegation against him. He was therefore denied natural justice. It is also submitted that the order of the forced retirement was made in violation of Rule ......t‑in‑opposition filed by respondent No.4 whom he represents that there has been definite allegation of incompetence and misconduct against the petitioner and in support of this allegation certain documents have also been annexed. Annexure 1 to the affidavit‑in‑opposition is a letter from the..Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....e not provided for by the rules laid down in section 4(1) to 4(4) the Courts shall be guided by a local usage, if there be any, and in the absence of such usage by the general principle of equity and justice. In the case of Lopez Vs. Mudun Tahakur, 13 MIA 467 the Privy Council laid down the principl......government who is supposed to be in custody of the same, did not file it. But the other three Kabuliyats executed in the year 1946 have been filed in Court and marked as A, A(l) and A(2). These three documents prove that defendant Abdul Haque Sarker, Anil Kumar Ghosh and Bhupendra Nath Das executed ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....ith the joint family fund and not with the fund of defendant No.1. For the reasons stated above, I find no error or illegality in the decision of the learned Subordinate Judge causing failure of justice for interference. Accordingly, the appeal is dismissed but having regard to the circumsta......f to prove that the joint family had property out of the income whereof the suit property was purchased then also it can be safely said that the plaintiff has discharged the onus by adducing oral and documentary evidence in establishing that the suit property was purchased with the joint family fu..Category: Property Law | Date: | Hits: 111
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