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Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud......ze only and it is the case of the supplier that due to loading and unloading, which took place five/six times in each voyage this breakage of the coal making the size lower and smaller would be quite natural and incidental, but yet the penalty was demanded by the Coal Controller and now an attempt i..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw...... unmistaken manner that it was never meant to be an order of promotion. In the facts of the case the respondent was not entitled to any show‑cause notice nor there any violation of any principle of natural justice. Therefore, the respondent's contention that he acquired a vested right to the p..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....cally name in his deposition the persons who were in the company of the Chairman in the boat, and as such, presence of PWs 2 and 3 in the boat is doubtful. This witness is found to be a competent and disinterested witness. When he said that be, along with "Chairman and others", was returni...... In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu......on 154 of the Evidence Act. That PW 7 did not recognise anybody does not mean that other witnesses also did not or could not recognise anybody. This witness being unknown to the Chairman it was quite natural for him to jump into the river at once and flee away without looking for Chairman's fate..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab......orners of the law the Court cannot nullify it on the ground that it is harsh or cruel. However there is no such requirement in the Rules to assign reasons for termination. Similarly, the principle of natural justice by serving a show cause notice is also not applicable in this case as this principle..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ......forded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3)
The petitioner was an ..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th...... with the company since 1960 and looking after the production and labour control as an enamel expert. The respondent No.3 was holding 1300 shares of the company. On 10.4.86 the respondent No.3 out of natural love and affection, gave away all his 1300 shares by way of oral gift (Heba) to his son name..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... his trousers. 3. Appellant's contention is that in this case all the witnesses are either trap or decoy witnesses and the recovery of notes from the accused has not been corroborated by any disinterested and independent witness. It is further contended that the Magistrate who accompanied t......erial particulars, such principle cannot be extended to the evidence of trap witnesses, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Up......hief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor the High Court can decide the disputed que..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......DLR (AD) (1991) 118. ......that they purchased 1.07 acres of land by 7 registered deeds from appellant Nos. 8-11 between 14th February, 1983 and 24th June, 1984. Appellant No. 8 Haripada Mandal, a minor, was represented by his natural guardian, mother Falani Bala. Subsequently on 2-12-1986 appellant Nos. 1 and 2, in collusion..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......e said dead bodies as those of Sapan and Mashiur by their relatives leads to an inference that they fell victims at the hands of miscreants and it is established that they are dead and they died an unnatural death. Now the questions is, who are the killers. According to the prosecution, the condemne..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......n Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others………………&hell......rary and mala fide. It has been further contended by the learned counsel that the petitioner’s lease was cancelled without giving him any show cause notice and it is violate of the principle of natural justice. 8. The learned Attorney General appearing for the respondent No.1 has sub..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr......y the Magistrate under section 164 Cr.P.C. and promptly submit the charge sheet so that the accused persons get no time to gain over the witnesses. The conduct of the Investigating Officer P.W.1 naturally creates suspicion in our mind. Was he trying to find out incriminating evidence against th..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ...... former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a witness; it may be considered a ground for believing him…&hell......n the day following occurrence and hence the delay in lodging the F.I.R. Furthermore, it is seen in the record that the Police Station is about 11 miles away from the Shadhuhati Hospital. It is quite natural that a person having had to experience the onslaught and ordeal of robbery in the manner des..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ......attend the school alleging that the plaintiff have been removed from his service. All these meetings were illegal, ultra vires of the committee and it had militated against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly not..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....r with full understanding of what she was about to do; that she had full knowledge of the nature and effect of the transaction into which she is said to have entered; and that she had independent and disinterested advice in the matter". The case of Ayan Dasi came under review of the Appellate D......ellip;……………Opposite parties Judgment March 18, 1984. Result: The Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 603 ;Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others, 33 DLR (AD) 1......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state......rder of the Government was neither mala fide nor for any collateral purpose, the case should have been allowed to be withdrawn by the learned Sessions Judge. He further submits that the case died its natural death in December, 1971 as final report was submitted and after an inordinate delay of long ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......R (S.C.) 41; Bangladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bangladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T......transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ......uth Central Road, Khulna with her child where Nasu Khan used to live according to the opposite Party wife, most of the time to look after his other established business at Khulna, which would be natural for the husband while at Khulna in connection with his business, making 7/3 South Central Ro..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....earned Counsels touching upon all essential and vital points arrived at the following findings: "In our opinion P Ws. 4 to 7 should be relied upon since they appear to be trustworthy and disinterested. We are in agreement with the learned Subordinate Judge that the discrepant version......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....tence should be set aside. Secondly the learned advocate argues that in this case all the material witnesses are related to the complainant party and the prosecution did not bring any independent and disinterested witness to prove its case and in that view of the matter the prosecution case appears ...... ......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
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