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State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......e State………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases ......s seat on the motor cycle. The motor cycle then started off and they together escaped towards the east. Such facts have been furnished by the evidence of P.Ws. 1, 3, 4, 5, 6 and 8 who are found to be natural, independent and trustworthy. All the said witnesses in one voice stated that they found Mai..Category: Criminal Law | Date: | Hits: 116
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......y inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy or natural decay, many, after recording such evidence as it thinks necessary, order it to be sold, or o..Category: Fiscal/Taxation Law | Date: | Hits: 177
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268........ Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......by the will. He directed the trustee that after his death a sum of Tk. 700/‑ per month shall be paid in cash to Testator's wife, son and son's wife Niva Rani Maitra during respective terms of their natural lives for their maintenance and a sum of Tk. 4,000/Âper month out of the income of the Esta..Category: Trust/Waqf Law | Date: | Hits: 166
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....n able to prove the alleged recovery of heroin from the possession of this appellant Baharuddin beyond any shadow of doubt and, in fact, it is very difficult to hold in absence of the evidence of any disinterested and independent witness that the alleged packets of heroin were recovered from the pos......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash......nnot be sustained and is liable to be set aside. His main grievance is that the PWs, except PW 10, are all Police personnel’s and particularly PWs 1‑7 all were the members of the patrol party and naturally they are interested. Of course, out of the PWs 1, 2, 6 and 7 have only come to depose abou..Category: Criminal Law | Date: | Hits: 81
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......ce-Chancellor & others……………………Respondents Judgment June 17, 1998. Result: The Rule is discharged. Case Referred To- Controller of Examination University of Dhaka and others Vs. Mahiuddin and others, 44 DLR 305 (AD). Lawyers Involved: Md. Azizul Huq, Advoca......t the Syndicate confirmed the constitution of the Selection Board on 29-12-96. The petitioner stated that the Constitution of the Selection Board is against all norms, ethics, equity and principle of natural justice. The petitioner also stated that the Syndicate included the members of the Selection..Category: Employment/Service Law | Date: | Hits: 228
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......Secretary of State for Home Affairs (1969) 2 Ch 149, a case of immigration. The point, among others, was whether there is any ground for saying that the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has pow..Category: Employment/Service Law | Date: | Hits: 208
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....om the paper book, submits that the condemned prisoner committed the offence of murder of the deceased Ayesha Akhter in a preplanned, cold-blooded and brutal way which is supported by the evidence of disinterested and natural witnesses as well as by the extra judicial confession and inculpatory conf......n Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assistant Attorney General, Anwara Shahjahan, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State Petitioner. Nitai Roy C...... submits that the condemned prisoner committed the offence of murder of the deceased Ayesha Akhter in a preplanned, cold-blooded and brutal way which is supported by the evidence of disinterested and natural witnesses as well as by the extra judicial confession and inculpatory confessional statement..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ferred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; (9‑14) PLD 1970 (SC) 13 & PLD 1958 (SC)203; Tawaib Khan and another Vs. The State, PLD 1970 (SC); Khushal Rao Vs. State of Bombay; Bharvad Bhikha Valu and o......y now to that effect. According to the learned Advocate for the State, it was merely an omission which did not affect the admissibility of the deposition of P.W.2 who was quite competent as well as a natural eye-witness of the occurrence having full evidentiary value of his evidence. He, of course, ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....isbelieve the testimony of the P.Ws. on material particulars regarding time, place and manner of the alleged occurrence which finds sufficient corroboration from the evidence of other independent and disinterested prosecution witnesses coupled with the chain of strong circumstantial evidence. 40.......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......te party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judg......eized CI sheets were not entrusted with him for distribution and he did not take delivery of those, that the CI sheets were entrusted with the Deputy Commissioner, Dhaka, for distribution amongst the natural disaster affected people or institutions on the recommendation of the petitioner, who was th..Category: Criminal Law | Date: | Hits: 230
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......pecial Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J MA Bari……………………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment January 21, 1998. Result: The Rule is m...... long period of service in the higher post, the passing of an impugned order, demoting the petitioner to a lower grade, for his no fault and without any show cause notice, is against the principle of natural justice and, as such, the said order being unconstitutional is liable to be set aside. The w..Category: Employment/Service Law | Date: | Hits: 184
Category: Property Law | Date: | Hits: 150
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab......ed, towards the end of the 19th Century, the Court of Kings Bench extended its controlling jurisdiction to include them as well. 52. Since all these bodies were exercising statutory powers, it was natural that disputes about the limits of their power should be settled by the Courts by recourse to..Category: Property Law | Date: | Hits: 159
Category: Civil Law | Date: | Hits: 218
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parÂties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......: The Reference Application is allowed. Cases Referred to- Meher Nigar Vs. Commissioner of Taxes, (2000) 24 BTD 15; Hotel Samrat Vs. the Commissioner of Taxes, Dhaka, (2000) 28 BTD 50; Hotel and Engineer Consultants Vs. Commissioner of Taxes, (2000) 52 DLR 170; Seth Gurmukh Singh and anothe......ubmitted that use of the report of the Inspector without disclosing any contents thereof and affording any opportunity of the applicant to refute the report was gross violation of the princiÂples of natural justice. 7. Lastly, he submitted that the application submitted his return for the year i..Category: Fiscal/Taxation Law | Date: | Hits: 151
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....our of the political party it belonged to by using the government machinery. Hence instead of such caretaker government the concept of non‑party caretaker government comprised of non‑partisan and disinterested persons was introduced in the Constitution for holding free, fair and independent elec...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......se is also Reported in: ...... the people at the highest level. He submitted that Article 55 of the Constitution has vested the executive power of the Republic on the Cabinet headed by the Hon’ble Prime Minister, and it is only natural that in exercising the said power, the executive organ of the Republic is indispensably requ..Category: Criminal Law | Date: | Hits: 133
Category: Others | Date: | Hits: 154
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......is Case is also Reported in: 31 DLR (AD) (1979) 312.......ture of the meaning of "child" and "issue" is that both are "off sprÂings" of human parents. Further reason given by the learned Company Judge is that "offspring" in its etymological sense means the natural child of a person which does not include an adopted son. The learned Judges of the Division ..Category: Company Law | Date: | Hits: 164
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......rking and signing his attendance register and his service cannot be under any circumstances be taken away without due process of law as such the impugned order as contained in Annexure-G is devoid of natural justice also. The learned Counsel further submitted that while issuing the impugned order no..Category: Employment/Service Law | Date: | Hits: 155