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....al Court has therefore committed error of law in not noticing the principle governing amendment of the written statement which has resulted in an error in the impugned decision occasioning failure of justice.
10. In the result, this Rule is made absolute without any order as to costs. The impugne......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ...... Nos. 1(ka) to 1(chha) who contested the suit adopting the written statement filed by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into evidence on her side. On the other hand, 3 D.Ws. were examined and some r..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....d on 10‑2‑2000 and thereafter, the learned Assistant Judge has been pleased to dismiss the suit on 28‑2‑2000. 14. After this prologue, I find that the learned Assistant Judge has delivered justice without discussion and assessment of evidence that have been adduced by the respective parti......nd separately, but still the learned appellate Court found that a suit for declaration of title with recovery of khas possession was not maintainable in a joint jote in utter disregard of categorical documentary and oral evidence that the CS plot No.241 was separately identifiable. None of these two..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....section (4) of section 96 of the State Acquisition and Tenancy Act to join in the appellants application for pre‑emption. She cannot be granted the half of the case land in the name of even handed justice on the ground that both the pre‑emptors and the pre-emptee were found being co-sharers by ......preemption was liable to be rejected. 5. In the trial Court petitioner examined 2 witnesses including himself. Opposite party No. 1 also examined 2 witnesses including himself. They also exhibited documents in support of their respective cases. 6. Learned trial Judge found that between the dee..Category: Property Law | Date: | Hits: 79
....ssued by the Board as to why the Managing Committee of the school should not be dissolved has been challenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint.
In support of his contention Mr. Nurul Amin has referred th......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
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Category: Procedural Law | Date: | Hits: 72
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......eir jurisdiction in reassessing the evidence while excising the revisional jurisdiction and reversed the concurrent findings of fact in the absence of any misreading or misconstruction of any document or non-consideration of materials on record. 6. The learned Judges of the High Court Div..Category: Civil Law | Date: | Hits: 55
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
.... in the Druto Bichar Tribunal, Chittagong, wherein charge under sections 120B/302/201/34 of the Penal Code was framed against them, to which the accused persons on dock pleaded innocence and demanded justice. Absconding accused Azimuddin Mahmud, Elahijan and Paritosh Rakshit were defended by a State......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
.... made of sterner stuff and must take a practical view of legitimate inferences flowing from evidence, circumstantial or direct.” 14. It is also established rule of the administration of criminal justice that the accused is taken as innocent when the Court takes up the case for trial even if he ......therein be taken as corroborative evidence. 19. An FIR being an early record and the first version conveyed to the police with the object of putting the police in motion, is certainly an important document but by the same time, it may be remembered that it can not be taken as evidence. It can onl..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....nt without at all considering and discussing the evidence of any of the witnesses examined by the contending parties and the same has resulted in error in the impugned decision occasioning failure of justice. 5. Mr. Oziullah, the learned Advocate for the opposite party, on the other hand, support......rinciple of law relating to appreciation of evidence. The learned Court below fell in error in not deciding the present case on its own merit on consideration of the evidence on record, both oral and documentary. Order passed in a miscellaneous proceeding before the Rent Controller could not validly..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....dge erred in law in passing the impugned judgment without properly appreciating the provision of Order 7 rule 11 CPC and the same has resulted in error in the impugned decision occasioning failure of justice. 7. None appears on behalf of the plaintiff opposite party to oppose the Rule. 8. Mr. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....e pointed out there that if no appeal is preferred from the side of the State in a police case the informant cannot be gaged in moving the Court in revision as “with the change of time and criminal justice time has come and experience also demand that High Court Division will have to be a little m......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..Category: Criminal Law | Date: | Hits: 83
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....5 and 6 were examined and cross‑examined. The learned Tribunal fixed 24.9.92 for hearing and argument. On that date the respondent No.1 filed an application for recounting of the ballot for ends of justice. To this the petitioner filed a written objection stating that no objection in counting of b......etitioner filed a written objection stating that no objection in counting of ballots by the Presiding Officers at the polling stations concerned were objected to at that time and no evidence, oral or documentary, had been adduced before filing of that application to make out a case or lay the founda..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....iled to appreciate the above provisions of law in the facts and circumstances of the present case and committed an error of law resulting in an error in the decision which has occasioned a failure of justice by setting aside the impugned order of temporary injunction granted by the learned Assistant......d order of the trial Court in the matter of temporary injunction is illegal and without jurisdiction due to the bar of sections 43 and 44 of the said Ordinance also due to misreading of some material document, namely the sketch map of the LA Case, which very well shows that the suit plot No.2126 mea..Category: Property Law | Date: | Hits: 47
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......f the case, the Taxes Appellate Tribunal was justified in law in holding that the applicant is the real owner of the house property in question ignoring the registered Title‑Deeds and other related documents evidencing the ownership of Mrs. Momtaz Mallik? 3. Whether on the facts and in the circ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... on the ground that she purchased the suit premises from the opposite‑party No.2 during pendency of the said suit. The said application was resisted by the petitioner on the ground that the alleged document of sale is a fraudulent and collusive document. He further alleged that the transfer is hit..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... their evidence ought to have been placed. When asked, of course, he could not show any law or authority as regards any legal bar in examining any such witness and relying upon him in the interest of justice, though not named in the FIR or in the charge‑sheet. In this regard, we may however rely o...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....the requirement of note (iii) to the said Regulation 6. He further submits that no enquiry was held and the petitioner was not given an opportunity of being heard in person which is denial of natural justice. 23. Before we examine the submission made by the learned Advocate for the petitioner we ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
.... a case that he had no reasonable opportunity of availing of the alternative remedy provided for in section 30 of the Special Powers Act, 1974, it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused person. 10. We find from the charge that......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... the same on the shoulders of another person. Petitioner of the respective Rule cannot be allowed to be unjustly enriched though suffered no loss by such unauthorised payment of excise duty. Scale of justice is not in favour of the petitioner. In view the same we find no merit in these two Rules. ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....of 2004 where the Appellate Division did not interfere with the order passed in accordance with Rule 6 of the further submits that the aforementioned Rule 6 does not infringe the principle of natural justice in that the President of the Governing Body of the College is nominated by the authority of ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
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