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Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....plaint" as given under section 4(1)(h) of the Code and, as such, came to an erroneous conclusion affirming the impugned order of cognizance taken by the Magistrate and thereby perverted the course of justice. Besides, his observation made to the effect that "a GD entry filed by the informant that is......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

.... further failing to take into consideration the prescribed application of section 47 as prescribed under section 60(3) as runs "B"; that there is an error on the face of the record causing failure of justice as it appears in the concluding paragraph of the judgment stating therein that earlier in a ......el Town, Dhaka (hereinafter referred to as the house). The appellant mortgaged the house in terms of mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed some other documents in favour of the Bank for securing the loan. The appellant obtained the loan with simple i..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......te a deed of agreement was to have been executed by the defendants for retransfer of the said land on refund of the consideration money within 10 years but after 10 years of the execution of the said documents. The plaintiff demanded the execution of the retransfer deed from the defendants on ground..

Category: Property Law | Date: | Hits: 78

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice was published in the newspa­pers. 6(six) bidders participated in that tender. After purchase of tender documents, a pre-bid meeting was held between the Chittagong Port Authority (hereinafter referred to..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Mahatab Vs. State, 2010, 39 CLC (HCD)

....ny part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is be......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..

Category: Criminal Law | Date: | Hits: 97

Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ble tanning extracts under HS Code No. 320.90 from India and obtained Clear Report Finding (CRF) certificate from the pre‑shipment agency. He submitted the CRF certificate along with other relevant document to the customs authority for release of the goods. The customs authority, on the other hand..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..

Category: Criminal Law | Date: | Hits: 75

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

....n law in returning the plaint without holdings any enquiry to ascertain the correct valuation of the suit in terms of sections 8C and 8D of the Court‑fees Act and the same has occasioned failure of justice. 4. No one appears to oppose the Rule. Mr. Khan has placed before me the impugned orde...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....thout reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge of the Court of appeal below failed to consider that the suit p......iff has proved his right, title and possession by producing the rent receipts and registered kabala deed before the trial Court and it is the definite findings of the Court of appeal below that those documents were proved by evidence. He adds that the learned Judge of the trial Court without conside..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....rom his age as given in Matriculation Certificate (Exhibit 1) and not from the affidavit (Exhibit 3) 13. Thus, I find that the learned appellate Court committed error in law occasioning failure of justice in allowing the appeal by the impugned Judgment and decree which are liable to be set aside.......01; there was an audit enquiry in the school and it was found that the plaintiffs date of birth according to Matriculation Certificate is 19-1-1941, but the plaintiff did not show any corrected legal documents and in that audit report the date of birth was written as 19-1-1941 in the list of teacher..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....on of the head of the deceased which resulted her instantaneous death. The accused has three minor children and an invalid first wife. In view of these facts and circumstances we are of the view that justice will be met if the sentence of death awarded to the accused is commuted to imprisonment for ......n evidence the accused was examined under section 342 of the Code of Criminal Procedure, when he submitted a written statement contending that the deceased committed suicide by hanging. He filed some documents including the certified copies of the statements of his domestic helps Alpana, Nurunnahar,..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

....assailed the impugned Judgment and decree passed by the appellate Court on various counts, specially on the ground that the appellate Court committed error in the decision which occasioned failure of justice, inasmuch as the appellate Court did not categorically reverse the finding of the trial Cour......ho held that the Bainapatra is a forged one which was written on 0.75 Taka stamp paper, purchased in the name of the defendant No.1 long 16 years ago which apparently proved that the same is a forged document created by the plaintiff in order to grab the defendant's property through the process of C..

Category: Procedural Law | Date: | Hits: 120

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... people and to the Republic of Bangladesh. Respondent Nos. 3‑5 made statement in different daily newspapers that they would not attend the budget session till fulfillment of their demand. Demand of justice notice was issued to the respondents but only respondent No. 3 made a reply but refused to a...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

....ndicate confirmed the constitution of the Selection Board on 29-12-96. The petitioner stated that the Constitution of the Selection Board is against all norms, ethics, equity and principle of natural justice. The petitioner also stated that the Syndicate included the members of the Selection Board f...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

.... in 1980 is illegal and inoperative. But the appellate Court below having failed to appreciate the aforesaid legal position while dismissing the suit has committed an error of law occasioning fail of justice. In the result, the Rule is made absolute and the impugned judgment and decree dated 174â......ned Advocate erringly conceded that the Additional Deputy Commissioner, (Revenue), Barisal having failed to contest the suit was not competent to file the appeal. He, however, argues that although no documentary evidence was led before the trial Court on behalf of the vested property authority to pr..

Category: Property Law | Date: | Hits: 84

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....nate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in error in the decision occasioning failure of justice, the High Court Division may make such order in the case as it thinks fit. Here in the prese......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..

Category: Election Law | Date: | Hits: 247

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....y of State for Home Affairs (1969) 2 Ch 149, a case of immigration. The point, among others, was whether there is any ground for saying that the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has power to de......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......t therein. The suit was instituted making false statements and, therefore, was liable to dismissed. 6. At the trial the plaintiff examined 6 (six) witnesses including himself as P.W.1 and produced documents which were proved and marked as Exhibits. Defendant Nos.3 and 16 examined them as D.Ws.1 a..

Category: Property Law | Date: | Hits: 105

Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

.... could understand what was true and what was false and as such his evidence was wrongly admitted and given undue weight in finding 60 appellants guilty in this case and thereby serious miscarriage of justice has taken place. In support of his contention the learned Advocate for the appellants has re......is father in connection with fishing, is said to be the only eye‑witness in this case who is alleged to have disclosed the names of the assailants immediately after the occurrence. Therefore, the undocumented oral dying declaration of the victim and the evidence of P.W.2 Aktar Hossain are very mat..

Category: Criminal Law | Date: | Hits: 106

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

..... Thus, on giving our consideration to the delay in disposal of the Death Reference and Appeals as well as his old age along with other factors as extenuating circumstances, 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: 104