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Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application unÂder section 115 of the Code of Civil Procedure is diÂrected against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of......ff filed the suit for a declaration that the order of dismissal made by defenÂdant No.1 is illegal, ultra vires and without jurisdicÂtion and is of no legal effect and is against the prinÂciple of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite..Category: Employment/Service Law | Date: | Hits: 175
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....g hut of the accused. Apart from the evidence on record, a strong circumstantial evidence has proved thee guilt of the accused-appellant. Moreover, we have got no reason to disbelieve the evidence of disinterested witnesses who could not be shaken by the defence in cross examination. 46. In view ...... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64......her death. In this connection we can safely rely on the decision cited in the case of Ilias Hussain (Md.) Vs. State, reported in 54 DLR (AD) 78 wherein it has been held that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain ..Category: Procedural Law | Date: | Hits: 118
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......ecial Original Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddun AhÂmed J
Conforce Limited, a Limited Liability Company………...Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability ComÂpany & another……………….R......nto on 12.12.86. All on a Sudden the Respondent No.1 issued two letters being letter Nos.3380004 and 3380002 dated 8.11.88 and received on 14.11.88 intimating that as per the Respondent No.2's order natural gas should not be supplied to the petitioner any more. No reasons or grounds have been state..
Category: Others | Date: | Hits: 227
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under secÂtions 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date......d any special limitation for appeal in case of such trial in absentia, as if held ex parte by commitÂting fraud upon the court by suppressing notice, it would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowledge of the j..Category: Procedural Law | Date: | Hits: 122
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......orted in: 57 DLR (HCD) (2005) 201. ......lent morbid mindset of gender equality, has to be changed and reformed. In the office, the superior officer, more often a man than a woman, in dealing with his woman employee, should keep in mind her natural inbred circumstances and peculiar situations uniquely attached to her life, unknown to most ..Category: Constitutional Law | Date: | Hits: 443
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004......oard as well in the absence of any authority or delegation of power and contrary to the provisions of law allegedly taken over the plaintiff's concern against the sanction of law. In the instant case natural justice also comes into play. How can a running industry be taken over without a notice to s..Category: Property Law | Date: | Hits: 111
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....ty implicated them falsely in this case. They are completely innocent the charge levelled against them. 7. Of these 28 witnesses excluding the formal witnesses there is only one independent and disinterested witness i.e. P.W.8 and all the witnesses are partisan, interested and closely related ......4 DLR (HCD) (1992) 295. ......t none of the inmates were examined by the prosecution. It is true that when a good number of people numbering about 40/41 were armed with deadly weapons with a view to commit murder assembled, it is natural and probable that people living around must come forward to know about the occurrence but no..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of BanglaÂdesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......grounds of his detention, affording an opportunity to the detenu to show cause on the, grounds relatable to his detention. Supply of grounds, to make reply is a feeble attempt founded on principle of natural justice. Apart from this, section 10 provides for sending the case of the detenu to the Advi..Category: Criminal Law | Date: | Hits: 113
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka CenÂtral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vioÂlating and disregarding the orders of this Court to reÂlease the detenu A.T. Kamruzzaman Syed passed on 16......dorsement, the better. The petitioner has clearly alleged that the jail authority received the advance release order on 16.4.89 at 1 P.M., much ahead of the lock-up hour. The petitionÂer is the most natural person to keep a mental note of hourly developments, she being the most anxious person for h..
Category: Criminal Law | Date: | Hits: 124
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......Reported in: 42 DLR (HCD) (1993) 45.
......y the expression does not cover inherent vice or mere wear and tear or British capture. It covers a risk, not a certainty; it is something, which happens to the subject-matter from withÂout, not the natural behaviour of that subject-matter, being what it is, in the circumstances under which it is c..
Category: Business or Commercial Law | Date: | Hits: 325
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i......f Bangladesh. In that writ petition the implementation of Flood Action Programme, FAP-20 was impugned on the ground that such implementation would adversely affect more than a million human lives and natural resources and the natural habitat of man and other flora and fauna in the District of Tangai..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......so Reported in: 50 DLR (HCD) (1998) 311.
......sharer in the holding and from the evidence on record it is found that during his minority the lands were transferred in 1979 by five different kabalas without serving any notice upon him or upon his natural guardian and thereafter on getting the information the petitioner-respondent filed the prese..
Category: Property Law | Date: | Hits: 113
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......Mozammel Hoque J
Md. Abdul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………â...... further stated that this relieving of the present petitioner from the office of Government Pleader of the Dhaka District is absolutely illegal, without jurisdiction and violative of the principle of natural justice as well as the provisions of the LR Manual.
3. An affidavit-in-opposition has bee..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ...... Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N......acto dictator cannot be a source of law. 51. He further submits that since the Indemnity Ordinance, 1975, was not placed before the Parliament after it was constituted in the year 1979, it had its natural death after expiry of 30 days from the date of sitting of the Parliament.; No Act indemnifyi..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul......titioner admittedly appeared on the electoral roll of the concerned ward and so the rejection of the nomination paper on ground of such variation is illegal. Dr. Zahir next submits that it is very natural that the petitioner, who earlier was elected chairman consecutively, would not have made su..Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje...... evidence, admitted that both the parties have been possessing the suit land. He further submits that although the title documents of the land had been produced by the plaintiff but the same is not unnatural because the plaintiff is the full brother of the defendant. As the defendant has been servin..Category: Property Law | Date: | Hits: 103
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....act, but in order to convict an accused solely on the basis of solitary witnesses like the police officer or the person who made the search and seizure, the Judge must ensure that these witnesses are disinterested and the evidence is unimpeachable and unshaken and the other witnesses to the search w...... Reported in: 49 DLR (HD) (1997) 167. ......y did not harp with the tune with the police personnels. The prosecution has not also declared them hostile and cross examined them. The P.Ws.1‑3 being independent witnesses their evidence is quite natural and probable having remained unrebutted. Furthermore, the prosecution has failed to examine ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......is also Reported in: 49 DLR (HD) (1997)163. ......and sentence passed by the trial Court on the ground that the prosecution has been able to prove the case beyond all reasonable doubt. He has submitted that P.Ws.1, 2 and 5 are the most competent and natural witnesses in a case like this when the victim was called away from the house at 10‑00 PM o..Category: Criminal Law | Date: | Hits: 85
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....rlier that P.W.3 Abul Hossain and P.W.6 Torab Ali were mama of P.W.1 and victim. P.W.5 Giasuddin and P.W.8 were neighbours. P.W.1, 3, 5, 6, 9 being related to each other were interested witnesses. No disinterested independent impartial witness could be examined. It appears occurrence took place at a...... Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
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