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S. M. Basiruddin Vs. Zahurul Islam ChowÂdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preÂemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam ChowÂdhury and another…………………Respondents Judgment December 14, 1982. Result: The appe......g interest withÂin the meaning of the Act. Once the raiyati interest vested in the Provincial Government which also became the proprietor by virtue of the acquisition of the former in the latter and naturally under-raiyati was automatiÂcally upgraded to a raiyati. This is the natural conclusion wh..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....e prosecution case. So, judgment and order of conviction and sentence are not sustainable in law. He further submits that even prosecution has failed to prove the case by adducing any independent and disinterested witnesses. He further referring the evidences of police witnesses pointing the contrad......Salam Mondal, Deputy Attorney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special T......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......s Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... one Mrs. Azmiri of Armanitola (now deceased), who has known Abdus Satter Solaiman very well, that Abdus Satter Solaiman, while residing at 108/12, Nasirabad Federal ‘B’ Area, Karachi, had died a natural death at the age of 70 years, and had been buried on the same day in Yasinabad graveyard and..Category: Property Law | Date: | Hits: 89
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April......port to him. The order is mala fide and has been passed at the behest of the interested persons without application of mind. The impugned order is absolutely void being violative of the principles of natural justice and also of Articles 27, 31, 32, and 36 of the Constitution of the People's Republic..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24....... This Case is also Reported in: 47 DLR (HCD) (1995) 24.......rking days mean the days on which the particular Court or office normally and ordinarily function excluding the day of holidays and vacation, etc. As regards the working day of a Court the normal and natural meaning would be those days of the Court on which the Court ordinarily functions, is not clo..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......nt further submits that the value of the suit premises will be about Taka 5 lacs at the moment and hence it is not a case of hardship only on the part of the parties but is a question of fairness and natural justice also. 21. Now, the relief under section 22 of the Specific Relief Act is no doubt..Category: Procedural Law | Date: | Hits: 129
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Ataur Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Res......Division in the decision in Masdar Hossain's case in paragraph 44 has adopted the above findings and observations made by the Indian Supreme Court in the case of All India Judges' Association. So the natural corollary is that the Appellate Division has declared a law to the effect that the members o..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......desh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give......oceeding with a view to deprive the petitioners from the benefit though legally granted honorarium from 1995 to 1999. It has been further submitted that the respondents have violated the principle of natural justice in not giving an opportunity of being heard before stopping the allowance and had mo..Category: Others | Date: | Hits: 149
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......dgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66....... of Steamer and Vessels. The learned Judges also held that the appellant has not been penalised for any misconduct and even if by the impugned order the appellant "was penalised yet the principles of natural justice would not be applicable in forum as the impugned order has been passed in accordance..Category: Business or Commercial Law | Date: | Hits: 208
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Bangladesh Biman CorpoÂration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......Bangladesh Biman CorpoÂration………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In ApÂpeal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1......n the employees has right of action either in the superior court in its writ jurisdiction or in civil jurisdiction; (b) if the service of an employee is terminated in violation of the principle of natural justice the employee has a similar right of action as in (a). 8. In the instant cases the..Category: Employment/Service Law | Date: | Hits: 123
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....he date and time as mentioned in the ejahar. 9. Law does not require any particular number of witnesses for proof of a fact. Conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable and not shaken. This view lends support from the ca......ant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,......inent: "Parliament passes many laws which many people do not like. But it never passes any laws which any substantial section of the population violently dislikes." 64. It, therefore, follows as a natural corollary that the person who is not a borrower or one not in any way concerned with the sam..Category: Civil Law | Date: | Hits: 141
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... terms prescribe speciÂfically the service of any notice upon the partÂies concerned, the practice of issuing a rule upon such parties before the final order is made is dictated by the principle of natural justice to which a Court of law is required to adhere before making any judicial order. It i..Category: Civil Law | Date: | Hits: 111
....lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......nder the Government. Tenant has not been defined in any of the said two statutes. According to the well-established rule of statuÂtory construction, every word is to be unÂderstood in its plain and natural meaning. If, however, such a word has received a distiÂnctive or technical meaning in the s..
Category: Property Law | Date: | Hits: 114
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....amination; that the prosecution has hopelessly failed to prove the charge under section 302 of the Penal Code against the accused person beyond any shadow of reasonable doubt by adducing independent, disinterested eye-witness of the occurrence. He further submits that the learned Judge failed to tak......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9...... on the basis of the most cogent and reliable evidence and that his judgment does not suffer from any misreading 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: 87
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
...... Corporation, represented by its Country Manager...........Respondent
Judgment
January 5, 2009.
Result:
The Award is hereby set aside.
Cases Referred to-
Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European G......more, the Tribunal is not only expected to act fairly, but it must also act judicially in the discharge of its duty. If it does otherwise, that would be contrary to and violative of the principles of natural justice since judicial acts, by their very nature, are deemed to be amenable to the rules of..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....f the accused persons, who were playing cards. He farther submits that PWs 2, 3, 4, 6 and 9 as eye-witnesses testified that the accused persons shot the deceased to death. They are independent and disinterested witnesses, not partisan and inimical with the accused. There was no chance of their ...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......¦â€¦Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 L......Court in Criminal Appeal No.149 of 1983 the accused-petitioner moved this revisional application and has obtained the instant rule. 6. The accused-petitioner has been found guilty for committing unnatural offence under section 377 of the Penal Code which has been defined as follows. "Whoever v..Category: Criminal Law | Date: | Hits: 92
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......lso Reported in: 50 DLR (HCD) (1998) 231.
......ioner has not come with clean hands. So far as the submission that they have been removed with stigma on their back without being given an opportunity of being heard as violative of the principles of natural justice is concerned, the Appellate Division in the case of Mujibur Rahman Vs. Bangladesh, r..
Category: Employment/Service Law | Date: | Hits: 91
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