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Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......০২ Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the ac......e offence has not been falsely implicated......(44) Background of Enmity & Chance Witnesses When there is a background of enmity and the witnesses are chance witnesses and not natural witnesses and further natural and independent witnesses were not produced, it is unsafe to r..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......inal Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is ma......ne case is Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111 was observed inter alia that: .........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: 3 Apr, 2014 | Hits: 6
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature......urt of Small Causes. The learned Judge of that Court was conscious of the valuation of the suit and accordingly he dealt with the matter as a Title Suit and not as a Small Cause Court suit. As a natural corollary to the decree of the Title Suit, the defendant-appellant-petitioner rightly p..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ported in: 67 DLR (HCD) (2015) 191
......erturned the decision of the King, and held that cases may be tried only by those with legal training and subject to the rule of law. Coke stated that common law cases were "not to be decided by natural reason but by artificial reason and judgment of law, which law is an art which requires..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs......ot rescind the contract. Court's decree necessary.' 10. Learned Advocate next relied on the case of Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177, wherein on the question natural of justice, the Appellate Division held as 'it is well settled that a show cause notice ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR......cedure of filing of such petitions would take some time. Pending a decision on both counts, the execution of sentence by the jail authority was considered to be in violation of the principles of natural justice. The leave petition had to be communicated to UK and the mercy petition to Calc..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......law and so, the assessment orders are unlawful; (v) the assessee was not given any opportunity for rebuttal of the report of the Inspector of Taxes and, as such, there has been violation of natural justice in considering the Inspector's report at the time of making assessments; (v..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ...... of inquiry into certain allegations but are not further accompanied by any information or substantiating documents of duly instituted and continued process of determination based on the principle of natural justice or indeed due subscription to the provisions of the ordinance and the Rules in allow..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....ndmother was proved to be false. So she was taken from her place of work at Mirpur on false pretences so that she could work in the house of accused Mostafiz. He found P.W.s 3-5 to be independent and disinterested witnesses and their evidence was corroborative. He also found that P.W.1, the informan...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......The informant runs an organization which admittedly assists victims such as Shefali, but at the same time was constrained by factors relating to the organization's business procedure. It is not unnatural that the organization would be required to go through certain formalities before lodging any..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. ...... that during inquiry and investigation, the Investigating Officer, that is to say, P.W. 1 Abdullah-al-Zahid could not trace out their whereabouts and, as such, he failed to examine them and as a natural corollary, they have not been cited as witnesses in the charge-sheet. Secondly, Jewel Miah a..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&...... unauthorized delegation, failure to act etc., fall under the heading 'illegality'. Procedural impropriety may be due to the failure to comply with the mandatory procedures, such as breach of natural justice, such as audi alteram partem, absence of bias, the duty to act fairly, legitimate ex..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he......re the whole range of sentimental grievances of the clerics. They being descendants of the victims of Jamaat's atrocities during liberation war bear inborn hatred and contempt for the party. They naturally are interested to see BJI is not given registration as a political party and is not allowe..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......ad Anwarul Haque J
Hasan Foez Siddique J
Md. Monirul Islam………………………………….Petitioner
Vs.
Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The ......sists of any member who is not a real fisherman then the society will not be eligible to get lease of a Government Jalmohal. A real fisherman has been defined as one who catches and sells fish from a natural source and that is his primary source of livelihood.
11. The High Court Division in the..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. ...... the Managing Director of a Company for his action and/or his negligence. 15. Admittedly, the accused petitioner as Managing Director of the Company signed the cheque on behalf the Company, as a natural person and the drawer of the cheque is a juristic person, the petitioner does everything on ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....roof is concerned. Suspicion however, so strong cannot be allowed to take the place of legal proof. 19. It is seen from the evidence of the prosecution witnesses that a large number of disinterested witnesses were present near the place of occurrence. Naturally it should be so because......ellip;…………………………..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment ......uations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an act, or whe..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ...... in: 65 DLR (HCD) (2013) 181 ......nary situations that is to say where vires of a statute is in question or where the determination is malafide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an act or wher..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ...... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the public…………&helli......would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (vi) The statement or practice must be shown ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Giasuddin-al-Mamun ....................Accused-petitioner Vs. State and another……………...........Opposite-parties Judgment Ja...... as per provision of Article 93 of the Constitution of the Peoples Republic of Bangladesh and those Ordinances were not approved by the parliament and as such the said Ordinances died their natural death on 24th November, 2009 upon expire of the 30 days of the first meeting of the 9th Parl..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ...... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Habibur Rahman @ Habu and others..........Appellants Vs. The State..........................Respondent Ju......he trial Court to examine the accused for the purpose of enabling him to explain any circumstance appearing in the evidence against him. The substance of this examination is that the principles of natural justice should not be violated before convicting an accused of a charge. Therefore, it is i..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
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