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Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......sif after hearing both the parties disallowed the house rent case on contest with costs on the ground that House Rent Case No.486 of 1983 has already been dismissed for default and that no supporting document was filed by the petitioner in support of her plaint case that she paid rents regularly. Ag..Category: Property Law | Date: | Hits: 88
.... us to do. When the law and the contract of insurance both clearly allow the inÂsurers to wait until the amount of loss or damage is settled by the arbitrator, it will be against the princiÂples of justice and fair play and will also be a clear violation of the law of contract and terms and condiÂ......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
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Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....ned the aforesaid rule. 6. Mr. M. A. Mannan, the learned Advocate apÂpearing for the petitioner, submits that the Court of appeal below has committed a serious error of law occasioning failure of justice in not taking into conÂsideration the material point raised in the said appeal. He contends......erting that plaintiff has or had no right of pathway over the second schedule land and there is no cause of action for such suit. 5. The learned Munsif upon consideration of the evidence oral and documentary found that the plaintiff had acquired a right of easement over the second schedule land ..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....erting that the suspension order in question was issued by way of misusing the power by the prescribed authorÂity in violation of statutory provision of law and has offended the principle of natural justice. The responÂdent thereafter filed supplementary affidavit stating that upon a complaint fil......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....s of the pronouncement of the judgment moved this Court under section 561A of the Code of Criminal Procedure for his release to prevent the abuse of the process of the Court and to secure the ends of justice. The petitioner having been acquitted in the sessions case, his arrest in the same case is i......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....ted in 7 DLR 466 wherein it has been held that "If a case does not come under rule 23 or rule 25 of Order XLI of the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice, can resort to its inherent power under section 151 of the Code. The Code of Civil Procedure......resent farm and that the plaintiffs have no right, title and interest in the suit land. 4. The learned Upazila Munsif (now Assistant Judge) Tongibari on consideration of the evidence both oral and documentary decreed the Title suit No.24 of 1984 on contest. 5. Being aggrieved by the aforesaid ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....id to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of law resulting in an error in the decision causing failure of justice in affirming the Judgment and decree of the trial Court. The learned Assistant Attorney‑Ge......s death Abdul Karim and Abdul Khaleque, the two sons of the deceased obtained nationality certificate vide Ext. 4 and they were granted succession certificate as the legal heirs vide Ext. 5 and those documents were accepted by the government without challenging them. 13. The trial Court upon cons..Category: Property Law | Date: | Hits: 107
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
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Category: Procedural Law | Date: | Hits: 136
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....ut 8 years on their application under section 151 CPC passing the impugned order by the trial Court the order is apparently illegal and has resulted in an error in the decision occasioning failure of justice. 7. Mr. Abdul Halim, the learned counsel appearing on behalf of Mr. Enamul Huq, another ......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....ts that since the deed in question (Ext. 1) contains the stipulation that it Is a deed of exchange the Courts below committed error in law resulting in an error in the decision occasioning failure of justice going beyond the recitals of the deed itself in finding that it was a deed of sale and not o......ection 26F; I myself also have gone through the decision in the case of Province of East Pak Vs. Md. Hossain 16 DLR (SC) 667 (pars 23). It is held “If a transaction is entered into by more than one document both the documents should, in our opinion, be read together and their combined effect consi..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ach a law which the court may consider to be the law, keeping in mind the principle that any interpretation which would lead to repugnancy need be avoided if it can be so avoided, without doing any injustice to other provisions of the Act. 13. Article 48 of the Constitution provides that there......nstitutional provision. 27. In the language of Lord Diplock (Hind Vs. The Queen 1976 1 All England Reports (PC) page 253): "A written Constitution must be construed like any other written document. It must be construed to give effect to the intention of those who made and agreed to it an..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....tted serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a result there has been an error in the decision Occasioning complete failure of justice. 6. Mr. Md. Abdul Majid, the learned Advocate appearing for the plaintiff‑oppositeâ€......nd he has no bonafide requirement as alleged. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit property in his favour. The defendan..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....ch a prosecution according against the employer And the Director is to be so satisfied at the placed before him and after proper enquiry with notice to all parties concerned. The principle of natural justice should be strictly followed in the matter of such inquiry and the Director shall not accord ...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....als placed before him by the prosecution. It is also submitted that the proceeding against the petitioner being an abuse of the process of the court, further prolongation of the case will result in injustice, hardship, harassment and hence to secure the ends of justice the proceeding is liable to be......rruption Act, 1947. 9. Mr. Aminul Huq, the learned Attorney General appearing for the opposite party State, submits that from the reading of the FIR, charge sheet, charge framed and the other documents, such as the statement of witnesses recorded under section 161 CrPC and the alamats seized..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....in, the learned Advocate for the petitioner submits that the courts below grossly misread the pleadings and fell into erÂror in the matter of correct application of law resultÂing in miscarriage of justice. The learned Counsel further urged that pleadings warrant application of the provision conta......ntarily and being fully conversant with the contents of the deed and that it was read over and explained to her and she received prayer carpet from the done and deed in question is valid and bonafide document. 4. On these pleadings both the parties adduced evidence in support of their respective ..Category: Property Law | Date: | Hits: 134
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....ealing co-accused convicted in a case may be given benefit of the result of the appeal preferred by other co-accused. Be that as it may, the petitioner seeks our inherent jurisdiction for the ends of justice to restore this case. 4. We are not convinced that the inherent power as conceived under ......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
..... It is also submitted by him that there is no illegality in accepting the report of the Advocate Commissioner and the Court has committed no error of law in accepting the same occasioning failure of justice. 8. I have perused the petition praying for Advocate Commissioner, the report flied by th......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......rincipal office in Korea under the convention they will be taxed in Korea. But they cannot be taxed for their earnings in Korea in Bangladesh which is protected under the convention which is a solemn document entered into between these two Governments and which has the backing of section 144 of the ..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....non suit the plaintiffs automatically. More so the objection being not raised at any previous stage nor the defendants-petitioners could point out that by non-impleading the Government any failure of justice has occasioned nor any transfer is sought for avoiding any law. There is therefore no failur......the suit was liable to be dismissed. 4. During the trial, evidence was adduced by the parties and on consideration of the same, the trial Court decreed the suit finding the Ekrarnama to be genuine document by which the defendants were bound. 5. Being aggrieved by the aforesaid judgment of the ..Category: Procedural Law | Date: | Hits: 129
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