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Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....mer and Vessels. The learned Judges also held that the appellant has not been penalised for any misconduct and even if by the impugned order the appellant "was penalised yet the principles of natural justice would not be applicable in forum as the impugned order has been passed in accordance with a ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....ing the order passed by the revenue authorities under Article 17 of the Bangladesh Land Holding (Limitation) Order, 1972 and both the Courts below having committed error of law occasioning failure of justice, the High Court Division erred in law in discharging the rule and maintaining the judgment......hatun preferred an appeal before the Land Appeal Board, which upheld the order of A.D.C. (Revenue). Hamida Khatun Chowdhury did not have right to transfer the suit land to plaintiff Nos.1-5 and the document, if any, is produced that would be fraudulent and the suit is liable to be dismissed. 4...Category: Property Law | Date: | Hits: 93
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....vocate submits that inherent power of the High Court Division under section 561A of the Code of Criminal Procedure can only be exercised when there is no other efficacious relief for obtaining proper justice in the cause. In the instant case, the accused-petitioner had scope to get remedy at the sta......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....posal of the appeal instead of quashing the proceedings which was the only order that could be passed under Article 102 of the Constitution in view of the finding that there had been miscarriage of justice and non-observance of some of the fundamental principles of Criminal Trials. 2. The app......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ployees has right of action either in the superior court in its writ jurisdiction or in civil jurisdiction; (b) if the service of an employee is terminated in violation of the principle of natural justice the employee has a similar right of action as in (a). 8. In the instant cases the Respond......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ed that the learned Judges of this High Court were wrong in deciding the disputed question of facts relating to title to the land which could only have been done by taking proper evidence, oral and documentary. Whether the relinquishment by Hirala Mukherjee, Manager of Ramgarh Tea Estate in whos..Category: Property Law | Date: | Hits: 87
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
.... directory and mandatory nature of a provision of a general as well as special law. Looking yet from a different, but relevant, aspect we find that, "procedural laws are designed to serve the ends of justice and not to frustrate them by mere technicalities as has been recorded in the case. Kahar Sin......e, as motion, and obtained the instant rule. 8. The learned Advocate Mr. Md. Tapan Kumar Bapari, appearing on behalf of the accused-petitioners, after drawing our attention to the F.I.R. and other documents on record mainly contends that, as stated in the F.I.R. the date of occurrence is 19.04.20..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....submits that the trial Court without any enquiry for ascertaining the valuation returned the plaint and affirmed by the learned District Judge which resulted in an error in law occasioning failure of justice. He in support of his contention referred to the Banares Silk Industries and another reporte...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....missal as recorded by both the Court below do not suffer from any illegality or legal infirmity. The Courts below have committed no error of law resulting error in the decision occasioning failure of justice.
20. In the result, the rule is discharged, however, without any order as to costs. The i...... R.S. record was also prepared in the name of the Government as per possession. It has been further alleged that the Jaminder or their employee never executed any Amalnama and Dakhila and if any such document is produced that must be anti-dated, forged and collusive. Lastly it has been alleged that ..
Category: Property Law | Date: | Hits: 82
....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......s out that the High Court Division, after hearing an application for vacating the order of stay on the allegation that the lease deed, showing that it was for the years 1416-1420 BS, was a fraudulent document, directed the respondent No.2, Deputy Commissioner, Sunamganj to hold an inquiry into the m..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....f the Artha Rin Adalat Ain, 1990 and as such the suit is impliedly barred that law and by holding otherwise he has committed an illegality resulting in an error in the decision occasioning failure of justice. 8. Mr. Razzaque, next submits that the learned Joint District Judge having failed to app......dalat most illegally decreed the suit ex-parte against the petitioner without considering whether the power of attorney or mortgaged deed was executed by the present plaintiff-opposite party or those documents were genuine or not whatsoever. The learned Advocate to fortify his argument relied on the..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......okonuddin Mahinood further submits that the grounds alleged to the effect that the detenu forged the LC and GSP is totally misconceived, misleading and unfounded inasmuch as the instrument of LC is a document between two banks, the foreign bank and the inland bank and there leaves no scope for inter..Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ught for claiming damages for breach of contract. Their Lordships of the Privy Council held as under: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that ......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....t critically examining its propriety. 17. It is no doubt true that the power as envisaged in section 561-A of the Cr. P. C. is an extra ordinary power which is inherent in the High Court for doing justice but such power is to be used extremely cautiously and that solely for advancing the cause ......half of the Government or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the ‘Government’ or to make, authenticate or keep any document relating to the pecuniary interest of 'the Government' or to prevent the infraction of ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... plaintiffs at any stage. The trial Court and the Court of first appeal positively negatived the plea of the settlement by disbelieving the Dakhilas Ext. 4 series, and holding them to be fabricated documents. The learned Judges of the High Court, however, expressed their view that the learned Addi..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....e the dispute which has arisen in respect of the election to certain offices of a Union Parishad requires very expeditious disposal, we were of the opinion that for the convenience of the parties and justice of the case this application for leave might be disposed of finally without formally admit......portance where the decision of other points depends, as it well may in the present case, upon the sifting of much of oral evidence or upon the proper significance of language, implied in a vernacular document. 19. In this case also it appears that the Judicial Commissioner, in appeal, confined hi..Category: Civil Law | Date: | Hits: 111
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
...... very Indenture of lease by which lease was created and that the appellant's lease is in effect a lease in perpetuity is absolutely erroneous, as misdescription of the status of a person in a private document cannot alter has legal position and that the lease of the appellant having been created spe..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
.... statements of appellant Nos.1 and 2 made under section 342 of the Code. It is a well settled principle of law that non-consideration of statements under section 342 of the Code causes miscarriage of justice [reliance placed on The State Vs. Manu Miah reported in 54 DLR (AD) 60]. Since the appellan......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....ed their case by cogent and reliable evidence and, as such, they are entitled to the reliefs prayed for in the suit and consequently the impugned judgment is liable to be set aside in the interest of justice. 25. Accordingly the appeal is allowed. The impugned Judgment and decree dated 24-7-1997 ......ame and fell in error. He lastly submits that the defendants totally failed to prove their case as they could not establish any right and title of Yasin over the suit properly by adducing any oral or documentary evidence and, as such, all the subsequent transactions are false and fraudulent. In supp..Category: Property Law | Date: | Hits: 71
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