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Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....this Court and obtained this Rule. 7. Mr. Shahidul Islam, the learned Advocate for the petitioners, submits that the learned trial Court committed an error of law occasioning serious failure of justice in not considering that the plaintiff being a female heir of late Mollick Shah has become a ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..Category: Civil Law | Date: | Hits: 154
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......be declared to have been made without lawful authority. By the same Rule Memo. No.111 (Imn)/V dated 24.1.87 issued by the Home Ministry requesting the petitioner to produce citizenship and some other documents (Annexure‑F) was also impugned. This was, however, later on modified by a Rule issued on..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..Category: Procedural Law | Date: | Hits: 102
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....well in the absence of any authority or delegation of power and contrary to the provisions of law allegedly taken over the plaintiff's concern against the sanction of law. In the instant case natural justice also comes into play. How can a running industry be taken over without a notice to show caus......allowed, in the public interest, to control and manage the concern, the Government of Bangladesh may, notwithstanding anything contained in any law for the time being in force or in any instrument or document relating to the incorporation, registration, creation, constitution or formation of the con..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....le for a number of reasons on grounds of public policy because there is a general public interest in a free and independent Bar and a Barrister owes a duty to the Court for the true administration of justice, or because an action for negligence against a barrister would invevitably involve the re‑...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....n of this Court the tender age of the condemned prisoner Rokeya Begum as well as the other attending circumstances may be considered as extenuating circumstances for her and we think that the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....read with rule 29 of Order 41 inasmuch as no points were specified by the learned appellate Court on which additional evidence is to be given and taken. Simply quoting the formula "in the interest of justice" is not enough factual reason and does not satisfy the requirements of the rules. According ...... applying for additional evidence cannot go beyond his pleadings or contrary to his pleadings. According to him, there can be no additional evidence if the same is not in the pleadings. Moreover, the document to be produced as additional evidence must be a public document and oldness of a document w..Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... connected with the crime. The fact that the accused were seen near at Venda and the deceased persons were also found there, so the accused are liable, is a proposition fundamentally against criminal justice. 22. P.W.9 Gopal Sarder who is an accused in the murder of Eklas deposed that Golam Ho......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....of his detention, affording an opportunity to the detenu to show cause on the, grounds relatable to his detention. Supply of grounds, to make reply is a feeble attempt founded on principle of natural justice. Apart from this, section 10 provides for sending the case of the detenu to the Advisory Boa......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....ether for such negligence of the presiding officer concerned petitioner should suffer a fresh trial for no fault of his own and procedural technicalities should be allowed to prevail over the ends of justice. In this connection we like to mention that no complaint was made by the Public Prosecutor b......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..Category: Criminal Law | Date: | Hits: 73
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......llusion with others fraudulently created the impugned deed of Ewaz which was never intended by him. Mr. Ahmed has submitted that the subject-matter of the suit is not the property in schedule but the document itself and the question to be determined in the suit was whether the Ewaz deed was illegal ..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
.... 1967, and for long 22 years the defendant has been successfully keeping the matter pending on some technical plea and thereby depriving the plaintiff from the fruits of the award. In the interest of justice we feel that the defendant should not be allowed to drag the proceeding unnecessarily any ......t of the fees and charges due in respect of the arbitration and award and of the costs and charges of filing the award, cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them, to be filed in Court, and the Court shal..Category: Procedural Law | Date: | Hits: 93
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....hout the consent of others or in spite of such restrictions as imposed under sub-rule (4) of rule 1 of Order 23, the court can exercise the inherent power to make appropriate order in the interest of justice. Is sub-rule (1) of rule 1 independent? 12. The principles in such cases in matter of all...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
....der the provisions of Regulation No. II of the Martial Law Regulation 1 of 1982 which was numbered as Tejgaon P.S. Case No.113 (1)86.
3. The petitioner made an application to the CMLA, praying for justice. On the basis of the said application the record of the case was transmitted to the CMLA's S...... immediate effect as per M.L.O. 9 of 1982. In this connection, Annexure ‘H’ containing the decision of the CMLA's Secretariat on the application for review may be referred to. The para 9 of these documents runs as follows:-
"The allegation/charges brought “against Mr. Ahmed are futile havin..
Category: Employment/Service Law | Date: | Hits: 209
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
.... by the impugned judgment at his own motion most illegally remanded the suit to the trail Court after setting-aside the well founded judgment of the trial Court below which resulted in the failure of justice. 9. Mr. Mohammad Nazrul Islam, the learned Advocate to strengthen his submission has rel......(V of 1908); Order XLI, Rule 27 During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as ev..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....yment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned Assistant Judge erred in law in passing the impugned order dated 9‑10‑95, resulting in failure of justice. 6. No one appears for the plaintiffs-opposite parties. 7. In view of the contentions ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..Category: Procedural Law | Date: | Hits: 94
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....ner is purely civil in nature for realization of money and, as such, the instant Criminal Proceeding is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned Deputy Attorney General for the State, on the other ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....(3) or any other provisions of the Ordinance. On the other hand, scope of section 93 has been excluded by section 82 BB(3) of the Ordinance. 8. Thereafter, the petitioner served a notice demanding justice on 26-1-2011 upon the respondent No.4 through his engaged Advocate requesting the responde......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... Hason Raja. 51. Regard being had to the facts and circumstances of the case, the submissions of the learned Counsel of both sides and for the foregoing reasons, we are of the opinion that ends of justice would be met if the Rule is discharged without any order as to cost, however, with a note of......certificate issued by him for exhibition of the film "Hason Raja" should not be suspended till hearing of the Rule: B) Direct respondent No.1 to certify and transmit the records and other relevant documents to this Hon'ble Court for their perusal by their Lordships: C) Restrain by an order of ..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....half of the petitioner, submits that the trial Court passed the impugned Judgment and decree on the basis of mere surmises and conjectures resulting in an error in the decision occasioning failure of justice. He next submits that the plaintiff has succeeded in proving the case beyond reasonable doub......an error in the decision occasioning failure of justice. He next submits that the plaintiff has succeeded in proving the case beyond reasonable doubt by adducing and producing evidence, both oral and documentary which the trial Court did not take into consideration illegally. He points out that the ..Category: Property Law | Date: | Hits: 121
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