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Liton Vs. State and others, 1995, 24 CLC (HCD)
....nder section 561A of the Code of Criminal Procedure to pass any orders or order either on an application or suo motu “to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” This power is inherently possessed by the High Court Division as it exists. That is why ...... to 336 of Chapter XXIII and substituting sections 265A to 265L in chapter XXIII of the Code. New section 265C runs as follows: “265C. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submission of the accused and the prosecution i..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....he opposite‑parties contested the case by filing a written objection denying the allegations contained in the petition of complaint and contended that they did not in any way obstruct the course of justice. it was further contended that the resolution dated 3.5.92 passed in general meeting No.2 of......the purview of professional misconduct or other misconduct. In this case the complainant examined six witnesses and the opposite‑parties examined three witnesses. Parties also filed some papers and documents which have been marked as exhibits. Amongst all the exhibits the Ext.2 the resolution book..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....e charge. Without those papers how it would be possible for learned Advocate of the accused to argue the case at the time of framing the charge. Considering the above, we are of the view that ends of justice will be met if, before framing the charge, the learned Advocates of the accused are allowed ......ence lawyers under section 352 of the Code of Criminal Procedure and (3) the learned Advocate submits that before framing the charge the accused must be supplied with the copies of all the papers and documents, particularly the confessional statements taken under section 164 of the Code of Criminal ..Category: Criminal Law | Date: | Hits: 121
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......g the records the Respondent 1 passed the impugned order.
3. Mr. Md. Abu Bakr Siddique first, contends that there being an agreement for reconveyance of the property transferred under a registered document the respondent 1 acted without the authority in making the impugned order. Secondly, respon..
Category: Property Law | Date: | Hits: 95
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
.... by way of penalizing the petitioner for its delay in filing the written statement, but the late realisation of such cost cannot, by any stretch of imagination, be a ground for shutting the door of justice on the face of the petitioner, debarring it from filing any written statement altogether exp...... stated, was ready with the adjournment cost, but the same was not accepted by the learned Advocate for the respondent No.2. Thereafter the Court examined respondent No.2 and took into evidence the documents filed by the said respondent and heard the arguments of the learned Advocate for the r..Category: Procedural Law | Date: | Hits: 180
....a decree for demolition of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasioning failure of justice.
5. For appreciation of the point raised by the learned Advocate for the petitioner it w......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....f individual case. But the expression "sufficient cause" occurring in rule 9(2) of Order 22 of the Code of Civil Procedure seems to have always been liberally construed so as to advance substantial justice unless there is gross negligence or want of bona fide on the part of the party seeking the r......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
....tter dated 20.5.85 the petitioner No.2 requested the office of the Registrar to signify the non-acceptance of the return, without reply. The lawyer of the petitioners served a notice of demand of justice dated 16.02.1985 on 23.02.1985 but the respondent Registrar did not send any reply. Thereaft......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1...
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....ক্ষের নিকট দরখাস্ত করিতে হইবে।” (Annexure–D) 4. The petitioner after receiving the impugned order served on the respondents notice demanding justice to cancel or withdraw the impugned notice and order by January 16, 1993 but the respondent d......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
....ry Education, the Chairman of the Appeal and Arbitration Committee and the Divisional Commissioner, Khulna Division. But he did not receive any reply to his representation. He then served a demand of justice notice on the respondents through his Advocate and came to know that the college authority i...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....th permission to sue afresh along with the withdrawal of the pending appeal which was the continuation of the suit, so the order dated 4.11.91 was required to be modified by review in the interest of justice. 10. It has been submitted by the learned Advocated for the plaintiffs‑petitioners that......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......are based on total incorrect and false materials and the prosecution by suppressing vital information misled the Court and the Special Judge also while framing the charge did not examine the records, documents and the statement made under section 161 of the CrPC as required under section 241A CrPC T..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....of a forged document by a party thereto. If a forged document is produced in a proceeding by a party the court will acquire sole jurisdiction to make a complaint if it is expedient in the interest of justice not only for the use of the forged document but also for the offence of forging it, irrespec......section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding except on the complaint in writing of such..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....Full Bench of 5 Judges in order to set at naught the prevailing anomalies and divergence of views in the interpretation of an important segment of law vital for the due administration of criminal justice. Accordingly the Division Bench made a recommendation to the learned Chief Justice to cons......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.... this was an order open to revision and not appeal. 9. Mr. Meah Abdul Gafur at the last stage prayed that this Court may be pleased to convert the appeal into a revision. 10. In the interest of justice we do so and direct that the first miscellaneous appeal be converted into a civil revisional...... 3. Earlier the respondents started O.C. Execution Case No.8 of 1977 and because of the neglect and refusal of the appellants to obey the decree, the decree-holder-respondents prepared a draft of the document and delivered the same to the Executing Court under Order 21, rule 34 (1) of the Code of Ci..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....efendant. But in allowing so the Court must satisfy itself that the amendment sought for is just and necessary for determining the real controversy between the parties and does not lead to an injustice to the other party. It has been consistently followed by the Supreme Courts of this sub-co...... the failure of the defendant No.1 to become Mutwalli and his successor. Therein it has also been stated that the defendant No.1 wants to deny the existence of the Wakf by creating collusively some documents. It seems to me that introduction of facts in ঝ and ৯ has not changed the character an..Category: Procedural Law | Date: | Hits: 133
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....f judges by scandalising them is not for protection of the individual or personal prestige and image of the Judge concerned, rather it is aim to prevent undue interference with the administration of justice. To quote the learned author “the Judge punishing a contemner only does his duty of uphold......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......cultural holding. 3. In the present revision Mr. AJ Mohammad Ali, the learned Counsel for the petitioner focused his argument on one grievance only before me submitting that in the schedule of the document in question itself, (Ext.1) the land under dispute has been described as homestead and viti..Category: Property Law | Date: | Hits: 106
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....adan Law. 4. In the aforesaid circumstances and evidence on record I am to make a decision whether the Judgments of the Courts below are legal or resulted in an error of law occasioning failure of justice., At the very outset I want to quote the provision of section 96(10) of the Act which is as ......azuma Khatun thereafter gifted the same land to her husband by another registered deed on 7.4.80 (Ext. A) who is opposite party No.2 in the pre‑emption case, the present petitioner Hafiz Ahmed. The document was endorsed under section 60 of the Registration Act on 17.9.80. The former document was s..Category: Property Law | Date: | Hits: 127
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