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Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....of a person can be scrutinised in the light of the principles of natural justice. The principles are not embodied written rules and what principle, shall apply to a given case is dependent upon the facts and circumstance of that case. If an allegation is lodged that some principles of natural ju......dgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66.......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
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... to appeal is directed against the judgment and order dated 23.03.2011 passed by a Division Bench of the High Court Division in Criminal Appeal No.4412 of 2006 allowing the appeal. 2. The relevant facts of the case are as follows: On 25.11.2002 Abdul Awal (victim) went to Khagatua Bazar at abo......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State……………………………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: ......02/34 of the Penal Code. 5. The case was ultimately tried by the Additional Sessions Judge, First Court, Brahmanbaria who after hearing the 14 prosecution witnesses and upon consideration of the evidence and materials on record convicted the respondent Nos.1-3 under sections 302/34 of the Pen..Category: Criminal Law | Date: | Hits: 122
....doned. This Criminal Petition for leave to appeal has been directed against the judgment and order dated 19.05.2010 passed by the High Court Division in Criminal Revision No.454 of 2008.
2. The facts necessary for disposal of this criminal petition for leave to appeal, in short, are as follows......
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam.....................Petitioner
Vs.
Saleha Khatton and others......................................................Respondents
Order
November 21......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265...
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....najpur in Other Appeal No.72 of 1991 reversing those dated 15.01.1991 passed by the learned Senior Assistant Judge, Dinajpur Sadar, Dinajpur in Title Suit No.137 of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit agai......sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......ivil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result:......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....te, Dhaka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Banglade......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu......ime of trial, nondisclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence.” 19. In view of the decisions of our apex Court we are of the view that non-disclosur..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... is legal bar against initiation and continuation of the criminal proceeding; (4) Where allegation, if accepted in its entirety, does not constitute any offence; (5) Where there is no legal evidence to sustain a charge manifestly. Keeping those settled principles for quashing a crimin..Category: Criminal Law | Date: | Hits: 100
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....peal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accus......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a......d that claim might be, and as such their entry into the huts did not constitute any criminal offence. 4. Mr. S.R. Pal, the learned Counsel appearing for the appellant submitted that in view of the evidence adduced by the prosecution that late Kumud Behari Dutta, father of P.W.1, had been living..Category: Criminal Law | Date: | Hits: 94
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......cord - For the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal No.147 of 1978.
(From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974).
Judgment
Bad...... on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and without lawful authority. Secondly, dismissal order was bad for not giving any opportunity for adducing evidence.
4. The High Court considered that the appellant was due to be retired on 33.1.73 and he..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....the decision given in 29 DLR (SC), 41, is applicable in the case of termination simpliciter of an employee of a statutory corporation; and (3) Whether the finding of mala fide was justified on the facts found. 2. Facts are as follows:- Respondent Chowdhury Md. Yusuf was the petitioner in Wr......Bangladesh Biman Corporation………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Appeal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1......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)
....-company then moved the High Court under Article 102 of the Constitution challenging the impugned order on the ground that Section 92 of the State Acquisition and Tenancy Act did not apply to the facts of the case. The respondents, namely, the Government of Bangladesh, the Deputy Commissioner,......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ppellant, submitted 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..Category: Property Law | Date: | Hits: 87
....mendment section 93A was reinserted in 1963 and the process of acquisition recommenced in the year 1965. Accordingly, all further proceeding of the LA Case was fully in accordance with law.
4. The facts of the case relevant for disposal of these Rules, in brief, are that the property concerned ......s Case is also Reported in: 63 DLR (HD) (2011) 85.
...... submits that whether or not the property in question claimed by the petitioners is in fact part of the Waqf Estate is a disputed question of fact, which can only be ascertained after taking proper evidence in the civil Court. The learned DAG also questions the maintainability of the writ petition..
Category: Property Law | Date: | Hits: 106
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
..../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Jalal Hossain Mollah............................................Petitioner Vs. Md. Azizur Rahman and others..................................Respondents Order February 19, 2012. Result: ......ff has categorically alleged that in the earlier suit judgment and decree was obtained by practicing fraud upon the court. The learned advocate has argued that this allegation of fraud needs detailed evidence to be proved and in the circumstances the High Court Division erred in making the rule abso..Category: Procedural Law | Date: | Hits: 81
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ict Judge, Additional Court, Dhaka rejecting an application under Order 17 Rule 1(4) of the Code of Civil Procedure filed by this present petitioner praying for dismissal of the suit. 3. The short facts necessary for disposal of this civil petition for leave to appeal are that the opposite party ......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J M. A. Razzaque....................................................Petitioner Vs. Syed Maynul Haq and others..................................Respondents Judgment February 2, 2012. Result:......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....cumstance the petitioner's case is liable to be dismissed. 4. The learned Judge of the Administrative Tribunal, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances dismissed that A.T. Case No.47 of 2002 by the judgment and order dated 27.......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh presented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Khorshed Ali Talukder............sident issued the impugned dismissal order. That in the circumstance the petitioner's case is liable to be dismissed. 4. The learned Judge of the Administrative Tribunal, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances dismissed that ..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....appeal has been directed against the judgment and order dated 26.02.2009 passed by a Single Bench of the High Court Division in Civil Revision No.2044 of 2002 discharging the rule. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Sabu Tara Begum and others..........................................Petitioners Vs. Manik Miah and others...........so the judgment of the courts below opined that in this case the protection of section 6 of Land Reforms Ordinance, 1984 was of no help for the pre-emptee inasmuch as it has been well proved from the evidence including the advocate commissioner's report-exhibit-1 that the case land was agricultura..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....vidence within the meaning of section 3 of the Evidence Act. In support of his contention, he relied upon the decision in the case of Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35. In view of above facts and circumstances the Rifle may be discharged. 9. We have gone through the application unde...... 254; Aslam Jahangir Vs. The State, 5 BLC (2000) (HCD) 514; Habibur Rahman alias Jane Alam Vs. The State, 47 DLR (1995) (HCD) 323; Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan......obtained this Rule. 7. Mr. A.B.M. Waliur Rahman Khan, learned Advocate appearing for the petitioner, submits that the impugned conviction and sentence awarded by the Tribunal is not based no legal evidence and that the prosecution could not prove the case by adducing reliable and satisfactory evi..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....p Ratan Mandal filed an application for adding him as opposite party No.2 in this case. After hearing the said petition, this Court has been pleased to permit him to assist the state. 3. The short facts leading to filing of this case are that, the informant Arup Ratan Mandal had lodged a First In......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......n for non compliance of the provision of law. The report submitted by the police discloses a prima facie case, the truth or otherwise of which is to be determined by the trial Court upon assessing evidence to be adduced before it. The opposite parties could not show anything to find that the a..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
.... that the very initiation of the proceeding is illegal and without jurisdiction as it is based on the notice dated 18.2.2007. He lastly submits that it is not at all necessary to go into the detailed facts of the case as the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamg......il bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....e called a tenant and therefore where a suit is instituted for ejectment of a licensee, the value of the land cannot be the basis for valuation of the suit. Thus, I find decision of this case, in the facts or circumstances of the present case, is not applicable in the present suit. 12. In the cas......o Reported in: 16 MLR (HCD) (2011) 135....... 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
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