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Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ned Special Tribunal was manifestly wrong in failing to weigh and sift the evidence on record as required by law and evidently fell in error in coming to his ultimate decision, occasioning failure of justice. 7. Mr. SM Aminul Islam, the learned Assistant Attorney General appearing for the State, ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....itted that the trial Court on consideration of the facts, circumstances and the materials on record rightly and legally decreed the suit and the Courts below committed no error occasioning failure of justice in decreeing the suit and in dismissing the appeal, calling for interference by this Court. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....concerned, the impugned proceeding is preposterous, vexatious, oppressive and the same amounts to an abuse of the process of the Court and that the same is also liable to be quashed to secure ends of justice. We find merit in the rule. In the result, the Rule is made absolute and the impugned ......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....Md. Saidur Rahman, reported in 56 DLR (AD) 19. He finally submits that the decisions of both the House Rent Controller and the Court of appeal below resulted in an error of law occasioning failure of justice which are liable to be set aside. 7. Mr. Abdul Quaim, the learned advocate appearing with......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...Category: Property Law | Date: | Hits: 105
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....y Director, ACC on the basis of any complaint, the lodging of the case against the petitioner by the Anti-Corruption Commission is mala fide and ex facie, illegal and liable to be quashed for ends of justice. The learned Counsel further submits that the previous government being led by BNP did not l......On search we find a Counter Affidavit being sworn by one Md. Nurul Islam, Assistant of the solicitor Office and submitted by Mr. Md. Abu Bakar Siddique, Deputy Attorney-General, wherein no papers and documents have been annexed. On the other hand, in paragraph 6 (six) of the aforesaid counter affida..Category: Criminal Law | Date: | Hits: 126
....issuing an order of injunction or while refusing to grant such order must consider the facts of each case. Injunction is after all a form of equitable relief and should be issued in aid of equity and justice considering the facts of each case and one of the maxims of equity that one who seeks equi......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....erent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 16. The 'word' that no Court is not limited to the Court inferior to the High Court. In......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ...... Mr. N. H. Khondakar, the learned Advocate appeared for the appellant and Mr. S.B. Barua; the learned Advocate appeared for the State. Mr. N. H. Khondakar having taken me through the judgment and the documents on record has submitted that the conviction and sentence as passed by the learned Court be..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution. Petitioner claims that “BELA” has been active since the year 1991 as one of the leading organizations with documented and well recognized expertise and achievement in the field of environment, ecology and re..Category: Environmental Law | Date: | Hits: 1051
....he impugned order dated 11-10-92 aforesaid Bank Guarantee for Taka 1,69,290.16 was directed to be encashed towards the duty payable for the said imported goods. Thereafter petitioner sent a demand of justice notice and then moved this Court and obtained the present Rule.
4. At the outset learned ......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ...... Committee selected the petitioner, i.e. Ali Akbar and Abdul Quddus, and the respondent No.2 forwarded the names of the aforesaid selected candidates along with their applications and other connected documents to the respondent No.1, the Ministry of Law, Justice and Parliamentary Affairs. The respon..Category: Civil Law | Date: | Hits: 90
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
....chool. The impugned order, therefore, suffers from patent illegality which led the learned appellate Court below to commit an error of law resulting in an error in the decision occasioning failure of justice. 10. Mr. Shamsul Huda, in support of his contention relied on two decisions namely, 23 DL...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....r amendment was not bonafide. 14. Mr. SK Sinha, the learned Advocate for the petitioners, submits that the Court of appeal below committed error of law resulting in an error occasioning failure of justice in rejecting the prayer for amendment of the Memorandum of appeal by bringing the opposite p......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......ed by the Court to be payable thereunder and the Board (BWDB) guarantees the payment of such sum in the event of above proceedings ending in favour of the plaintiff by the Court. It appears from this document that on behalf of Bangladesh Water Development Board the Chairman undertook to pay to the p..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......itioner M Mohsin Hossain legality of the notice dated 22‑7‑95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspector of Police, Modjheel Police Station asking the petitioner to produce its documents is under challenge. 2. Learned Advocate appearing for the petitioner submitted that tho..Category: Criminal Law | Date: | Hits: 60
....petent Court to go to and no alternative effective remedy for the petitioners to avail of. In such a case, in our view, this Court in its writ jurisdiction has every reason to react to the manifest injustice and try to remedy it.
17. The principle of natural justice not only applies to Courts but......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
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Category: Limitation Law | Date: | Hits: 175
....ation and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the proceedings in which p......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....mplaint is barred in view of section 196 of the Code Criminal Procedure and secondly, whether the accused petitioner without surrendering before any of the Courts should be considered a fugitive from justice and so not entitled to get assistance from the Court. The third point which was incidentally......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....il Court for deciding title of the suit land but instead of doing that, the learned SSC Judge has rejected the defendant's prayer and thereby he has committed an error of law occasioning a failure of justice to the defendant‑petitioner. 7. AKM Mozibur Rahman, the learned Advocate appearing on ......nied by the defendant-petitioner. The only case of the defendant-petitioner was that this settlement was taken jointly by Nibaron Chandra and his brother Harendra Chandra but for some difficulty, the document was registered in favour of Nibaran Chandra alone. This is a registered patta deed of 1938 ..Category: Property Law | Date: | Hits: 59
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....1 (11.01.2007) i.e. during Emergency, when certain part of the Constitution including the provisions of enforcement and protection of fundamental rights was suspended and the flow of normal course of justice or rule of law was hampered directly or indirectly, and the same was designed with a mala fi......ppellant No.1 being unspecified, vague and unfounded, the impugned judgment and order of conviction and sentence passed on the basis thereof is liable to be set aside. 15. He also submits that the documentary evidence was not exhibited and proved in accordance with law and thereby the prosecution..Category: Criminal Law | Date: | Hits: 108
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