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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad......on that even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities necessary to achieve requirements of natural justice and fair play to ensure better and proper discharge of their duties. Procedure is ma..Category: Criminal Law | Date: | Hits: 77
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental......as of flood plains, rivers, water bodies, Sub-Flood Flow Zone (SFFZ) etc. to protect the safety, health and welfare of the common people from negative environmental impact and to protect and preserve natural drainage system to ensure their continual and proper functioning. Any interference with the ..
Category: Environmental Law | Date: | Hits: 434
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ...... in:9 ADC (2012) 797. ...... upon the facts and circumstances of the case. The relationship or the partisan nature of eviÂdence puts the Court on its guard to scruÂtinize the evidence more carefully. A close relative who is a natural witness can not be regarded as interested witnesses (sic.) The evidence of such witness cann..Category: Criminal Law | Date: | Hits: 60
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....e did not see the Phensidyle and P.W.5 according to the defence version had enmity with the appellant. In the present case there is no corroboration of the evidence of the interested witnesses by any disinterested or independent witness. 15. For securing the conviction, the prosecution must prove......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesse......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... - I agree. This Case is also Reported in: ......47 DLR 209. 18. We have gone through the records and considered the submissions of the learned Advocates. The petitioners obtained the Rule in Writ Petition No.9390 of 2010 mainly on the ground of natural justice and non-compliance of service of notice under section 10 (1) of the Ordinance. But i..Category: Civil Law | Date: | Hits: 114
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....pellant in causing miscarriage has been well established. At his instance miscarriage was done. 30. But from the evidence of P.W.5 we find that the deceased wife was a consenting party. P.W.5 is a disinterested and independent witness. He said that the deceased told her that she was not ready to ......ney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the Judgment and order dated 13.8.2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Cas......ada Upazila Health Complex where she died on 14.8.1997 at 5.10 A.M. due to haemorrhage. 3. Dr. Maniruzzaman, a medical officer of the hospital, in writing informed the local police station about unnatural death of the deceased in the hospital, on the basis of which U.D. Case No.14 of 1997 dated 1..Category: Criminal Law | Date: | Hits: 69
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru......pportunity of being heard cancelled his license forfeiting the security money in utter violation of section 14 (1) of the Ordinance. The impugned order having been passed in violation of principle of natural justice is without lawful authority. 5. In course of hearing, Mr. A. M. Aminuddin, learne..Category: Constitutional Law | Date: | Hits: 407
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Md. Shawkat Ali…………………………Petitioner Vs. Director General and others…………………………Respondents Judgment May 3, 2010. Result: The R......ugh the stoppage of payment of the Government portion of the salary is a punishment but before imposing such punishment the respondents did not issue any notice thereby they violated the principle of natural justice. The decision of withholding the payment of Government portion of salary falls the p..Category: Employment/Service Law | Date: | Hits: 119
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... No.724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in.......Ws. to give an opportunity to the accused for cross‑examining them and the said prayer was also rejected by the learned Special Judge without assigning any reason in violation of the principles of natural justice. Even in application for staying the proceedings of the case for a few days to enabl..Category: Criminal Law | Date: | Hits: 110
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... but to lend his unhesitant and overwhelming support to the contention the exalted Advocates propounded. He placed utmost emphasis on what Mr. Lifschultz observed, who, in Mr. Rahman’s vision, is a disinterested person-“the only interest he had, was to see that the rule of law reigned supreme, w...... This Case is also Reported in: ......nction and procedure without any right of appeal are and have been held o be ultra vires the Constitution and outside all civilised norms of criminal justice delivery system. 4.c) The unholy and unnatural haste in rejecting the mercy petition and executing Lt. Col. (ret) M. A. Taher was ex-facie ..Category: Criminal Law | Date: | Hits: 154
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......lso Reported in: 17 BLC (HCD) (2012) 511. ......urisdiction or made any finding upon no evidence or without consiÂdering any material evidence/facts causing prejudice to the petitioner or it has acted mala fide or in violation of the principle of natural justice. While considering the merit of the instant Rule, the above ‘ratio’ enunciated b..Category: Property Law | Date: | Hits: 115
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... (2009) 764. ......y this Court in revision. The learned Advocate further submitted that having regard to the fact that the mother of the plaintiff being alive at the relevant time none of the other brothers can be the natural guardian of the minor Nimai and in the present case Monindra, one of the three adult brother..Category: Procedural Law | Date: | Hits: 69
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule......t, 2000. BGMEA, they said, built the building filling up a part of the lake. 23. Dhaka Metropolitan Development Plan (DMDP) prohibited any change in the character of Begunbari, the remnant of a natural canal, and designated it as a flood flow zone of the city. Rajuk must immediately demolis..Category: Constitutional Law | Date: | Hits: 642
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ....... ......n the basis of the most cogent and reliable evidence and that his Judgment does not suffer from any misÂreading and non-reading of evidence. He further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evide..Category: Criminal Law | Date: | Hits: 153
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the......during any enquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending conclusion of enquiry and trial and if the property is subject to speedy or natural decay may after recording such evidence as it thanks necessary, order it to be sold or other..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......the case and the FIR should have been treated as 161 statement. 3) There is no eye witness to the alleged occurrence and the prosecution failed to prove the charge by producing any independent and natural witnesses. 4) The confessional statements of the appellants recorded by the Magistrate (P..Category: Criminal Law | Date: | Hits: 170
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ......nsiderÂation the principle laid down in Mujibur Rahman's case (44 DLR (AD) 111) wherein it has been held "within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, o..Category: Administrative Law | Date: | Hits: 455
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ase is also Reported in: 14 MLR (HCD) (2009) 181. ......ent and reliable evidence and his Judgment does not suffer from any mis-reading and non-reading of evidence. The learned Deputy Attorney-General further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evide..Category: Criminal Law | Date: | Hits: 74
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
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Ed.
This Case is also Reported in:Â
......04/-, which was curtailed without giving them any opportunity of being heard and therefore, the High Court Division made the Rule absolute on the grounds of their vested right as well as violation of natural justice. Since the petitioners in the present writ petition did never get any honorarium/all..
Category: Civil Law | Date: | Hits: 104
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