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....ead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the principle of natural justice. Since authority did not proceed take action against the employees as per above specific Rul......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......der was committed over land dispute and the Supreme Court altered the sentence of death into sentence of imprisonment for life. 15. After meticulous reading of the evidence on record both oral and documentary and after hearing of both the learned Counsels, we are of the view that it is a clear ca..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
.... investigation shall make an order stopping further investigation into the offence unless the officer making the investigation satisfied the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the specified period is necessary in which case...... obtaining such sanction shall be excluded from the period specified in this sub-section. Explanation. The time taken for obtaining sanction shall commence from the day the case with all necessary documents; is submitted for consideration of the appropriate authority may be deemed to end on the d..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... ‘Conduct, behaviour, something done, the condition of acting, an act or series of acts. Term in its usual legal sense means a law suit brought in a Court;……An ordinary proceeding in a Court of justice by which one party prosecutes another for enforcement or protection of a right, the redress ......iled on 2-10-89 is not maintainable having not been filed within 6(six) months from the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after ..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....n while hearing a Revision Petition is purely discretionary and the discretion is to be exercised only when there is an error of law resulting in an error in the decision and by that error failure of justice has been occasioned and interference is called for the end of justice and not otherwise. Err......n the present form? 2. Is there any ground to institute the suit? 3. Is the plaintiff entitled to any relief as prayed for? 4. What other reliefs the plaintiff is entitled to? 7. Oral and documentary evidences had been adduced by both the parties in support of their respective contention..Category: Family Law | Date: | Hits: 211
....ys. It has been stated in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 416.
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Category: Limitation Law | Date: | Hits: 324
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......b the property of Abdul Latif used the said bainapatra as Ext.A in Title Suit No.482 of 1984 instituted by the accused persons in the second Court of Subordinate Judge, Dhaka and by using such forged document as genuine committed offence punishable under sections 467/471/109 of the Penal Code. The H..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ce to prove the loan of Tk.45,000/-although. D.W.2 stated in chief that the money i.e. Tk.45,000/- was deposited to his account towards repayment of personal loan and this has occasioned a failure of justice. The learned Judge came to the findÂing that the genuineness of Ext. W series was doubtÂfu......e is disbelieved. 24. P.W.4 Md. Yousuf said that on 15.1.79 he went to Tejgaon factory of the defendants with plaintiff No.1 who asked defendant No.1 to take money from him for registration of the document for sale of /12/- annas share of the suit industry in faÂvour of the plaintiffs. He did no..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....d 25-2-95 and, as such, the Court below has committed an error of law in impleading the 3rd party as defendant No.3 in the suit and thereby resulted in an error in the decision occasioning failure of justice. The learned Advocate further submits that in a suit for specific performance of contract on......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....which is under challenge before us. 5. Mr. Rais Uddin Ahmed, the learned AdvoÂcate appearing for the petitioner submits that the Executing Court committed an error of law occaÂsioning failure of justice in rejecting the objections of the petitioner simply on the ground that the award given by t......he said irregularity the Board has lodged in FIR on 24-4-1989 against the proprietor of the company. In due course the Bureau of Anti-Corruption took up the investigation and seized all the necessary documents from the office of this petitioner. But during the pendency of the criminal case and on re..Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......suit land on year to year basis, since 1977-78 they were in possession and the claim of possession of the plaintiffs is false. 8. In this context, both parties adduced their evidence both oral and documentary. 9. Trial Court disbelieved the contention of the plaintiff as to their possession an..Category: Property Law | Date: | Hits: 105
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....of the Code of Civil Procedure that the application for stay ought to be made in the execution case itself and as such, the impugned order does not suffer from any error of law occasioning failure of justice. Order 21 rule 29 of the Code of Civil Procedure reads as under: “Where a suit is pendi......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....r for setting aside the ex-parte decree as the petitioner cannot approbate and reprobate at the same time. It further appears that the learned Assistant Judge set aside the impugned order for ends of justice and also to give the opposite party an opportunity to contest the original suit after the na......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....here they are pending as if the OrdiÂnance had not come into force and as such the learned District Judge has committed an error of law resultÂing in an error in the decision occasioning failure of justice by passing the impugned order of transfer of the pending suits in question. Mr. Mashi-Ul-Isl......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......disputed land devolved upon them and his step-brother Kamaluddin the vendor of the plaintiff. Their case was also that Kamaluddin was insane and his whereabout was unknown and the kabala was a forged document. The land in dispute belonged to the four sons of Md. Ishaque and Kamaluddin had no right t..Category: Property Law | Date: | Hits: 95
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....ittal on the basis of the same evidence discussed above. We also think that it is a fit case in which we should exercise our power under section 561A of the Code of Criminal Procedure for the ends of justice. So, we find that the prosecution has hopelessly failed to prove its case against the convic......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
.... has been unreaÂsonable and inordinate delay in holding the trial of this case and consequently the petitioners have been subjected to under harassment and hence the petitionÂers in the interest of justice should be enlarged on bail. 13. It may be observed that delay by itself in holding a tria......he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
....opinion that the judgÂment of the learned Subordinate Judge is totally unÂsatisfactory and the same suffers from various errors of law resulting in an error in the decision occasionÂing failure of justice. In the circumstanced I feel that the case should be sent back on remand to the Court of app......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
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Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....of a deceased canÂnot be substituted within time, Court may allow the heirs of the deceased to be added as parties in the suit in order to protect their right in the suit property in the interest of justice. In the present case the widÂow and minor children of deceased plaintiff No.2 ought to have......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....consider that there cannot be an auto cancellation of Declaration for a newspaper. Mr. Oli Ahad was never served with any show cause notice by the government which is the basic requirement of natural justice. (vii) The Board, for reasons best known to it, failed to consider the fact that there ar......ased to be the printer/publisher of the given newspaper, of course after he so ceases. 46. Now, we have been gob smacked to see at page 67 of the respondents’ pleading that the DM has printed a document of his choice and projected it as the Form C, although that chit goes nowhere near what the..Category: Others | Date: | Hits: 171
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