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Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr......d the evidence of all the P.Ws. and D.Ws. And we find that the testimonies of P.Ws. could not be shattered in cross examination and there is nothing on record to disbelieve them. The PWs appear to be natural and impartial. P.Ws.3 to 5 were present when the Will was executed and registered by Jogendr..Category: Property Law | Date: | Hits: 183
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....also not a proper judgment of reversal. 11. The appellate Court has found that the defendant-appellant is an illiterate village woman and it has not been proved that she received independent and disinterested advice at the time of the execution of the alleged bainapatra in the suit. 12. The ...... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ed in: 42 DLR (HCD) (1990) 335.......nd that the said two daughters of Faloo and the heirs of the said two daughters of Faloo used to visit the house of Khadem and Chamoo occasionally. In his cross-examination he has stated that it is natural that sisters would come to the houses of their brothers. 19. D.W.1 Lal Banoo (defendant N..Category: Property Law | Date: | Hits: 135
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....y her 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: that she had independent and disinterested advice in the matter” In Contract Act (Act IX of 1872) Section 19 is as follow...... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The......ner was not given any show cause notice or heard before cancellation of the lease and so the order of cancellation of the lease is illegal and without jurisdiction being contrary to the principles of natural justice. It is further stated by the petitioner that he had himself observed all the formali..Category: Property Law | Date: | Hits: 133
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......eported in: 62 DLR (HCD) (2010) 458.......tion under Article 102 of the Constitution." 47. The learned Additional Attorney-General…….. 48. 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: 421
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......g Prevention Act, 2009 is barred by Article 35(1) of the Constitution. (2) Money Laundering Prevention Ordinance, 2008 promulgated on 13-4-2008 was not placed before the Parliament and it deed its natural death after expiry of 30 days from the date of commencement of first session of the Parliame..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a......ion, impugned Memo and the annexure thereof and submits that the University authority without hearing the petition cancelled the certificate of the petitioner which is clear violation of principle of natural justice. He further submits that the Chittagong University formed an enquiry committee and t..Category: Others | Date: | Hits: 186
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......Vs. Seman Magni & others…………………………………Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advoca......ciples of Modern Burmese Buddhist Law, Sixth Edition by S.C. Lahiri a commentary to the Burmese Buddhist Law it is noted that in competition between brothers, half-brothers, and step brothers it is natural that the first should exclude the second and the second should exclude the third. In the ins..Category: Property Law | Date: | Hits: 107
.... all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in writing by each of parties, ......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are dismissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth......lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ...... Fazlul Haque, Assistant Attorney General—For the State. Criminal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sentence......seen to cross the river Khoai along with the accused appellants towards the west and thereafter the victim was not seen any more but his dead body was recovered from the river-bed two days after. The natural inference that one is apt to draw from such circumstances is that these accused might have m..Category: Criminal Law | Date: | Hits: 141
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR......tion asserting that the suspension order in question was issued by way of misusing the power by the prescribed authority in violation of statutory provision of law and has offended the principle of natural justice. The respondent thereafter filed supplementary affidavit stating that upon a compl..Category: Others | Date: | Hits: 175
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......…Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant. Abdul Latif, Advocate ‑ For the State. C......his father and that he did not tell about the dying declaration to anybody except P.W.5. This is a queer statement. P.W.1 being the father of the P.W.2 and the victim being the cousin of P.W.1 it was natural for the P.W.2 to tell about the dying declaration to his father P.W.1 had it been true. 7..Category: Criminal Law | Date: | Hits: 88
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......Case is also Reported in: 44 DLR (HCD) (1992) 354. ...... quote a few lines from Corpus Juris Secundum, Vol. 29 at page 2 where it has been written thus: "The right to vote ordinarily is considered to be privilege conferred by the State rather than a natural right of the individual or citizen. The right of suffrage is the right of a man to vote for ..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ported in: 44 DLR (HCD) (1992) 582....... to launch a prosecution according against the employer And the Director is to be so satisfied at the placed before him and after proper enquiry with notice to all parties concerned. The principle of natural justice should be strictly followed in the matter of such inquiry and the Director shall not..Category: Labour and Industrial Law | Date: | Hits: 176
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516................Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment April 18, 1989. Result: The Rule is made absolute. Cases Referred to- Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs. The State, 20 DLR (WP), 45; Ba...... 878 the Privy Council held: "By Mohamedan Law the mother is entitled only to the custody of the person of her minor child up to a certain age according to the sex of the child. But she is not the natural guardian; the father alone, or, if he be dead his executor (under the Sunni Law) is the lega..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513....... Reported in: 41 DLR (HCD) (1989) 513.......iff prays for interest which the Arbitrator did not give. Mr. Kazi Shahadat Hossain submits that such a suit is not barred by section 32 of the Arbitration Act. He submits that the award has died a natural death because none of the parties enforced it by making it a rule of the Court within the pe..Category: Civil Law | Date: | Hits: 142
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......ed for the untimely accidental death of the husband of plaintiff No.1 caused her sudden and untimely widow-ship and deprived her all the care, protection, nursing and affection of her husband and the natural life of the plaintiff No.1 being zolted for the rest of the life, as such, plaintiff No.1 su..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ...... is also Reported in: 62 DLR (HCD) (2010) 474. ......The decree was passed against the petitioners ex-parte as they did not appear in the case. Laws says that when after service of summons if any one did not appear to contest the suit then for fare and natural justice, as per provision of rule 19 of Order V CPC the process server is required to be exa..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......private affairs. Amongst the primary causes and sources of environmental degradation remain the unregulated operations of commercial activities often leading to destruction of precious ecosystems and natural resources. In the absence of proper monitoring and implementation of the relevant laws by th..Category: Environmental Law | Date: | Hits: 1019
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