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Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......formant Haji Ahmed (now dead) initially had filed a petition of complaint before the Sub-Divisional Magistrate, Brahmanbaria against the petitioners and two others bringing allegation of forgery of a document in his name and registering the same in the Office of Sub-Registrar, Brahmanbaria on 19.4.1..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....alt with by the Domestic Tribunal and the scope of re-assessment of the evidence by a Court is very narrow. No case has been made out that the charges are so vague that have led to miscarriage of justice." It was observed: "It is a well settled proposition that the Court will be slow in in......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....rofessor for twenty–three months the respondents were not authorised either to demote or reduce him in rank or pay without notice or proceeding, which is clear violation of the principle of natural justice. 6. Opposing the Rule, respondent No.4, Acting Principal of the College has filed an Aff...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
.... therein. In our view this non-mentioning of section 34 has not in any manner prejudiced the accused in their defence and it is a mere irregularity which is curable and there has been no failure of justice for not mentioning section 34, Penal Code in their examination recorded under section 342 ......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....investigation shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reason and in the interest of justice the continuation of the investigation beyond the special period is necessary in which case......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....its that in the instant case the DCT without affording ample opportunity to defend to the assessee has passed the impugned order in question and thus the same is violative of the principle of natural justice. Mr. Bhuiyan further contends that since six of the creditors appeared before the DCT and in......e of the creditors out of nine of the creditors. And six creditors have appeared before the DCT and simply supported the story of the assessee regarding loan given by them and they have not filed any documentary evidence to prove the genuineness of the transaction and to establish their financial ca..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ion have held- "'The power conferred by Order 18 rule 17 CPC is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice, inasmuch as the enabling power conferred upon the Court to put such question to him as he t......dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1..Category: Property Law | Date: | Hits: 126
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....ppearing on behalf of the government, has submitted that the ground for limitation was not duly agitated before the trial Court or before the appellate Court, and also submits that in the interest of justice the case should be remanded to the trial Court for hearing on the point of limitation. 11......ring, the opposite party government filed hazira but was found absent on repeated calls and the suit was taken up for hearing and after recording deposition of the petitioner and marking the relevant documents as exhibits the Court was pleased to allow the said Misc. Case; that the opposite party Go..Category: Limitation Law | Date: | Hits: 239
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....h is deninital the function of the trial Court. 9. In the facts and circumstances we hold that both the Magistrate and the learned Sessions Judge committed error of law resulting in miscarriage of justice by rejecting the Naraji petition and discharging the accused opposite parties on the basis o...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....te-party is impermissible and the second application for amendment of the plaint was not tenable in law. No litigant got a right to get his affairs settled in the manner as he wishes. Every access to justice should not be misused as a licence to an untenable application. The arms of law cannot be st......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......ecific performance of contract admits his or her signature of L.T.I, in the alleged agreement for sale and offers an alternative story as to how his or her signature or L.T.I. came to be put on the document, the onus lies on the defendant to prove his part of the story. It is the clear finding of ..Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ever for any period before 1362 B.S. From the six provisional rent receipts Ext. B-Ext.B (5) no presumption of possession can be made. 20. D.W.2 Mohabbat Ali Starder stated that Korfulnessa made a document in favour of defendant No.1 Lal Banoo and Lal Banoo is wife of defendant No.20 Amjad Ali. I..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....im order of injunction passed on 26.9.1988. 13. Nowhere the learned Judge has mentioned in his order that he passed the impugned order under section 151 of the Civil Procedure Code for the ends of justice and or that provision under Order 39, rule I being not applicable he exercised the inherent ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ers of the vessel for the supply of bunkers on account of the charterer. As such, they prayed for dismissal of the suit and return of the bank guarantee. 4. Both the parties filed their respective documents and also examined witnesses in support of their respective claims and allegations. 5. B..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
.... He has denied to have exercised any force upon the respondents to get the licences renewed in his favour. 7. The petitioner having confronted with the aforesaid situation, sent a notice demanding justice through his Advocate, which has been marked as Annexure-B to this petition. The notice deman......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......of 1970 which on appeal was confirmed by the Supreme Court in Appeal No.84 of 1974 and possession was handed over to them on 2-4-1984. The petitioner has stated that for creating false and fabricated documents regarding the land belonging to the Bhawal Raj Estate many cases in Civil Court were filed..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....4. While the case was thus proceeding petitioner Nos.1,2,3 and 4 filed two separate applications praying for summoning those transferees to come with their transfer deeds before the court for ends of justice giving in details the names and addresses of the persons to whom the applicant’s uncle Ram......vil Procedure is directed against an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite part..Category: Property Law | Date: | Hits: 106
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....12. The present revision, of course, is not resisted or opposed by the defendants. 13. This court sitting under section 115 of the Code of Civil Procedure is to see whether there is any failure of justice and not only illegality. 14. It is very apparent on the face of the record that the whole...... of the defendant No.3. 11. Order 16 rule 10 sub-rules (1) and (3) read as follows: “10. (1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document fails to attend or to produce document in compliance with such summons, the Court shall, if..Category: Procedural Law | Date: | Hits: 137
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