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Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......er list, a khatian of J.L. No.137 along with the mouja map, some receipts and a certificate, which are not legal documents to infer that Uttar kistakathi is within the Pourashava, there is no legal document to come to the conclusion that Uttar Kistakhati is part and parcel of Jhalakathi Pourashava..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....application. 20. Mr. Ziaur Rahman Khan appearing for the defendant‑Petitioners has submitted that the order of the learned District Judge is erroneous, bad in law and has occasioned a failure of justice and should be set aside. 21. Mr. Ziaur Rahman Khan has further submitted that the le...... circumstances the plaintiffs being no longer in the Executive Committee cannot seek equitable relief or obtain an injunction and hence the same should be dismissed. 13. On perusal of the relevant documents and after hearing the parties the Senior Assistant Judge passed an order of status quo til..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....ision that the homestead adjunct with chara land being situated in rural area is connected with agriculture and thereby committed error of law resulting in an error in the decision causing failure of justice. 4. It has been further submitted that the lower appellate court misconstrued the provisi...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
.... all the questions involved in the suit. The learned court below having failed to consider the claim of their interest, committed error of law resulting in an error in the decision causing failure of justice. 4. Mrs. Sufia Khatoon, the learned Advocate appearing for the opposite party No. 1, has ....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
....nder section 16 of the General Clauses Act. It is further alleged that since before issuance of the impugned order no show cause notice was given, the impugned order offended the principle of natural justice and, as such, it is liable to be struck down.
5. In this case an affidavit-in-opposition ......before passing the impugned order and, as such, this order is absolutely illegal and without jurisdiction.
24. We have heard the learned Advocates of both sides and perused the relevant papers and documents placed before us. It is easy to allege mala fide, but it is difficult to prove the same. I..
Category: Employment/Service Law | Date: | Hits: 158
....without framing any charge terminated the petitioner’s service and also did not consider the inquiry report before terminating them from the service, which is violative to the principles of natural justice. It is further contended that the High Court Division erred in law in failing to consider th......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
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Category: Employment/Service Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
.... view that the authority did not supply the inquiry report to the respondent and as a result, he could not defend properly against the charge and thereby, he was deprived of the principles of natural justice. 5. We have heard the learned Deputy Attorney General on behalf of the petitioners and ......dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ..Category: Administrative Law | Date: | Hits: 163
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....and prayed for time and the statement as made by P.W.2 in application to be impleaded as co-pre-emptor. Such non-consideration of the evidence has affected the result of the case causing a failure of justice". 6. We have heard the learned counsel of the parties and considered the connected papers......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
....ounsel, entering caveat on behalf of respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13, on the other hand, has contended that in the facts and circumstances of the case in order to secure the ends of justice the High Court Division rightly sent the suit back on remand to the trial Court with directi......his petition for leave to appeal.
6. Mr. Mahmudul Islam, learned Counsel, appearing for the petitioners has contended that both the Courts below on consideration of the evidence on record oral and documentary having concurrently found that the plaintiffs failed to establish their right, title, in..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....mmissioner (Revenue) without deciding the said miscellaneous case sent the same to the Assistant Commissioner (Land), Bawfal on 16.05.1999 for adjudication. The plaintiff felt that he would not get justice before the Assistant Commissioner (Land); so, he instituted the instant suit for cancellatio...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....d by the High Court Division in ratifying the order passed by the appellate Court on the submission that under section 151 of the Code a Court has inherent power to pass any order to secure ends of justice. 7. From the facts stated hereinbefore, it is clear that the present-petitioner who was t......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....finite date as to when the order of temporary injunction was disobeyed by the petitioners in cutting away the paddy committed error of law resulting in an error in the decision occasioning failure of justice. Secondly, he submits that the petitioner 2 was added in that suit on 15.2.83 after filing t......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ...... business for 47 days as alleged and the appellant was not entitled to any amount for the non‑scheduled work and the bill submitted was not proper. 4. Both the appellant and the respondent filed documents including the measurement book before the Arbitrator who on hearing the parties and on exa..Category: Alternative Dispute Resolution | Date: | Hits: 156
....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: Employment/Service Law | Date: | Hits: 66
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....w and the materials on record to connect the accused-petitioners with the offence leading to their prosecution in order to prevent abuse of the process of the court or otherwise to secure the ends of justice in the statutory language of section 561A of the Code. 13. Keeping this view in mind, we ...... 66,514.21 as price of ration goods in order to deposit in Government treasury and dishonestly misappropriated the said amount of money without depositing the same in the concerned Bank showing false document relating to such deposit of money and thereby committed the offence punishable under sectio..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ly recommended by the Chairman of the Department of Law but in spite of his repeated efforts no response was received from the authorities of the University and, as such, he issued a notice demanding justice through his learned Advocate on 16‑7‑2002, praying for re‑evaluation of the said paper......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......n behalf of the petitioners. The main argument put forward by the learned Advocate is the legal bar under section 195(1) (c) of the Code of Criminal Procedure. The learned Advocate submitted that the document relating to Other Class Suit No. 133/41 having been filed in the partition suit, complaint ..Category: Criminal Law | Date: | Hits: 62
....t to the maximum area provided by rule 10 of the Rules. Thus the second argument of the learned Advocate for the petitioner also has no legs to stand.
15. Thirdly, as regards principles of natural justice, it is to be noted that the Government issues license to a Nikah Registrar who acts as the G......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....t and moral turpitude by order dated 7‑5‑2001 (Annexure N‑1) issued under the signature of the Registrar, University of Rajshahi, the respondent No. 4, in violation of the principles of natural justice and also of the relevant provisions of the Rajshahi University Act, 1973 (the Act, in short)......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
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