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Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......sed necessity and the difficulty respecting recurrent meaÂsurement of the additional land every year as was made by Lord James in the case of Felix Lopez, is to be understood in the conÂtext of the natural features of soil and the behaviour of the rivers of the region. It is to be noticed that the..Category: Property Law | Date: | Hits: 133
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....appropriated 122 bags of rice and that they have falsely implicated them in order to save themselves. They further submit that the trial Court failed to consider the evidence; that no independent and disinterested witnesses came to depose in support of the prosecution case and the witnesses who depo......Reported in: 62 DLR (HCD) (2010) 309. ......orated by the evidence of other independent witnesses and that his judgment does not suffer from any misreading and non-reading of evidence. She further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their evid..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....nal Procedure, they were afforded with no information as to the circumstances and accusation which they were to explain, resulting in an illegality vitiating the entire trial; that no independent and disinterested eye-witness deposed in the case and even there is no unbroken chain of circumstances p...... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ...... and reliable evidence and his Judgment does not suffer from any mis-reading and non-reading of evidence. The learned Assistant Attorney-General further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their evid..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......se is also Reported in: 63 DLR (HD) (2011) 66.......ed by plaintiffs in Court in prove the fact that Kazi Golam Hossain was the Chairman of defendant No.1. On the question of possession by the plaintiffs learned Advocate submits that plaintiff through natural and neutral witness and by documentary evidence proved the execution of bainapatra and pursu..Category: Property Law | Date: | Hits: 78
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......d J.- I agree.
Ed.
This Case is also Reported in:
......ft Bangladesh leaving the property uncared for; whether he died and was buried in Dhaka, and whether the authority served any statutory notice upon the occupants or did serve any other notice to meet natural justice. Under the facts and circumstances of the present case, the ouster clauses are not a..
Category: Property Law | Date: | Hits: 78
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud......n, not being a punishment as contemplated under Regulation 52(1) of Bangladesh Biman Corporation Employees (Service) Regulations, 1979, the quesÂtion of any grievance for breach of the principles of natural justice for not giving notice or an opportunity of being heard does not arise irresÂpective..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………â€...... Bangla" dated 2.6.1994 asking the petitioner to show cause as to why he should not be punished departmentally no notice was served upon him, which is violation of his fundamental right and denial of natural justice to the petitioner. 9. We have heard Mrs. Shakila Rowshan, Deputy Attorney General..Category: Administrative Law | Date: | Hits: 240
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170....... Qazi Shafiuddin J Syed JR Mudassir Husain J Harunar Rashid (Md.) son of late Rafique Uddin, Jinnath Mahal.......................Petitioner Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11, 1997. Result: The Rule i......h application and pass a decree against the petitioner. It is further stated that during his absence while he was in the Jail hajat the impugned decree was passed behind his back as such principle of natural justice has been violated. It is also submitted that the impugned judgment is violative of t..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N......pse of 4 yeas. The plaintiff did not offer any explanation whatsoever on this point. The learned Court of appeal below also found that the attesting witnesses in the bainapatra viz; P.Ws. 2-4 are not natural witnesses and disbelieved the bainapatra and found it to be a fabricated piece of paper. The..Category: Procedural Law | Date: | Hits: 68
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151..............sed without issuing any show cause notice to the petitioner before-hand nor has she been given any opportunity to explain her position and conduct. These, therefore, are violative of the principle of natural justice. 3. An affidavit-in-opposition has been filed on behalf of respondent No.1. By th..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ......ny inquiry or trial, the Court may make such order as it thinks tit 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, may, after recording such evidence as it thinks necessary, order it to be sold, or ot..Category: Criminal Law | Date: | Hits: 110
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......72 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the Stat......f the house of Nasir and as such, the incriminating articles were recovered from the possession and control of the accused. He further submits that, the prosecution has been able to prove the case by natural, independent and competent witnesses including the eye-witnesses, who were present at the pl..Category: Criminal Law | Date: | Hits: 79
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn...... which is in his favour, if they see sufficient grounds for doing so. If what he said in his favour, is not contradicted by evidence offered by the prosecutor, nor is improbable in itself, it will be naturally believed by the jury, but they are not bound to give weight to it on that account, being a..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......rt appears to be mainly based on the findings, (a) that the plaint was not filed by any bank or financial institution within the meaning of section 2(j) of Financial Institutions Act, 1993. And no natural individual person is entitled to present a plaint under section 10 of the Act; (b) that t..Category: Others | Date: | Hits: 185
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i......d the licence and was continuing his cinema business since from his father in 1943 and there accrued a vested right and without show cause the cancellation of licence is violative of the principle of natural justice. He further submits that since there are disputes regarding ownership of the land it..Category: Property Law | Date: | Hits: 62
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres......ment shows that the General Election for the Parliament is going to be held in December, 2008 and by this time before the parliament resume its session of the 9th Parliament, the Ordinance will die a natural death. But by dint of the statute the offenders will get their benefit of exoneration and su..Category: Constitutional Law | Date: | Hits: 264
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. .....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca......fare reversed the order causing miscarriage of justice. 5. The learned Advocate appearing for opposite party by filing Counter affidavits opposes the Rule and submits that father is the natural guardian of children, so plaintiff has no authority of such custody. He adds that welfare of..Category: Family Law | Date: | Hits: 171
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002...... impugned order of conviction and sentence is not sustainable in law. The learned advocate submits that having regard to the fact that the prosecution has failed to examine even a single independent, natural and competent witness to prove its case, the impugned order of conviction and sentence is no..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......004) 505. ......emoval or reduction in rank, but that is a constitutional protection given to them. We are unable to extend the application of this protection to employees of a statutory corporation on the ground of natural justice. This protection can only be extended by statutory Rules and it is apparent that at ..Category: Employment/Service Law | Date: | Hits: 122
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......company. On this allegation one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission was engaged to hold inquiry by the Anti-Corruption Commission and on inquiry he came to know that due to natural fault in the earth of Chhatak gas field it was divided into two parts i.e. Chhatak (West) an..Category: Criminal Law | Date: | Hits: 126
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