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Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....premises, I am to make a decision whether the judgment d the appellate Court is correct and legal or whether it has invited any illegality resulting in an error in the decision occasioning failure of justice. 11. This litigation is in between the paternal grand-mother and her grandsons who use...... plaint it appears that the plaintiff alleges that the said deeds were obtained by the defendants fraudulently, collusively and without payment of consideration and she prayed for cancellation of the documents. So, the submission of Mr. Mondal that the suit is not maintainable for cancellation of th..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......is securities by private sale or by public auction without the intervention of the Court. The learned Advocate has submitted that a mortgage is a secured debt and if the mortgagee is empowered by the document of mortgage or any statutory provision to sell the mortgaged property for realising his deb..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....of Scientific and Industrial Research. But the respondents having faded to restore possession of the disputed land which was de‑requisitioned the petitioners served notice dated 14.3.1987 demanding justice in the matter to put the petitioners in possession of the disputed land. The respondents are......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......adict under section 145 of the Evidence Act only the testimony of the informant and it cannot be used as a basis for conviction or acquittal. Nevertheless a first information report is very important document as it gives a first impression of the prosecution case. The memory is then fresh and if the..Category: Criminal Law | Date: | Hits: 86
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....r the possession to him without any further delay. The copies of the letters dated 9.11.87 have been enclosed as Annexure‑‘L’ and ‘L-1’. 8. The petitioner served a notice as demand of justice upon the respondents in vain. After receiving the demand of justice notice the respondents f......0.3.86. The draft lease then came back to the respondent No.1 through the Superintending Engineer, Dhaka Circle‑1 vide Memo No.3734 dated 9.10.86. The lease deed could not be executed as the tender documents and the comparative statements were not there. The petitioner then was asked to deposit te..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....er of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention is that the transfer was not made during the period of economic distre......mple reply of Mr. S R Karmaker the learned Advocate appearing for the opposite party is that the transfer could not be said to have been effected without execution and registration of the Kabala. The document appears to have been executed as well as registered on 5.4.74 which falls within the period..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... the election of the respondent No.1 as Chairman. The Tribunal held, inter alia, that the respondent No.1 was not disqualified under section 7(2)(g) of the said Ordinance. This judgment is a public document and can be taken as a relevant fact though the facts contained therein cannot be said to ..Category: Election Law | Date: | Hits: 216
....thin 2 months and also of the fact that sufficient posts are still vacant to which incumbents senior to the O.Ps. may be promoted with retrospective effect, it would I think not be in the interest of justice and administration to set aside the order at the moment, even though on a fair consideration...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
.... The judgment of the court of Special Judge in fact gave no reason as to why Ibrahim should be convicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the do......onvicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the documents and the evidence on record. It appears that in the instant case it is on record that three..Category: Criminal Law | Date: | Hits: 97
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....lords allegation of sub-letting. Even then, if the learned District Judge had felt imperatively that an additional evidence was required to be taken in this regard as aforesaid, for the ends of justice, he himself could have taken such evidence under Order 41, rule 27, C.P.C. instead of remand......, two trade licences appearing in the name of the tenant were produced before the learned District Judge to prove that it was not a case of subletting. The learned District Judge considered these documents "as very important" for the purpose of determining the question of sub-letting or otherw..Category: Property Law | Date: | Hits: 115
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311........ The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....er Article 102 of the Constitution." 47. The learned Additional Attorney-General…….. 48. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....eg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decrees. In fact, they ought to have instructed the plaintiff to amen...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....te Court did not commit any wrong on this point. I do not find any error of law done by the lower appellate Court in dismissing the appeal resulting in an error in the decision occasioning failure of justice and as such, the Rule does not merit consideration and the same is liable to be discharged. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....ugned Memo and the annexure thereof and submits that the University authority without hearing the petition cancelled the certificate of the petitioner which is clear violation of principle of natural justice. He further submits that the Chittagong University formed an enquiry committee and the said ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... are no maintainable as being pre-mature. In paragraph 24 of the affidavit in opposition filed in writ petition No.4206 of 2009 in has been categorically stated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.... urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the material evidence and coming to a decision on no evidence at all. ......ant No.2 executed in his favour the disputed kabala on receipt of the balance amount of Tk.1000/- on 9.2.79 corresponding to 26th Magh, 1385 B.S. at Barguna. But as the time for presentation of the document for registration was over the document could not be registered. On the following day the ..Category: Property Law | Date: | Hits: 82
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