Search Options
Judgment Advanced Search
Displaying 541-560 of 1069 results.
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case ......ated one. 17. Admittedly there is no eye‑witness to the occurrence. It may be argued that the deceased died in the house of her husband far away from the house of her parents and, as such, it is natural and probable that the neighbor of the accused-appellant will not depose against him. We agre..Category: Criminal Law | Date: | Hits: 76
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......is also Reported in: 56 DLR (2004) 444.......n subject to the maximum area provided by rule 10 of the Rules. Thus the second argument of the learned Advocate for the petitioner also has no legs to stand.
15. Thirdly, as regards principles of natural justice, it is to be noted that the Government issues license to a Nikah Registrar who acts ..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... For the Respondents. Writ Petition No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7â€......isconduct and moral turpitude by order dated 7‑5‑2001 (Annexure N‑1) issued under the signature of the Registrar, University of Rajshahi, the respondent No. 4, in violation of the principles of natural justice and also of the relevant provisions of the Rajshahi University Act, 1973 (the Act, i..Category: Employment/Service Law | Date: | Hits: 60
Afzal Hossain Vs. Chief Election CommisÂsioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......rt Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Afzal Hossain…………………………Petitioner Vs. Chief Election CommisÂsioner and others…………………………Respondents Judgment December 1, 1992. Result: T......he Bank namely by 31.7.92. He has further submitted that the Election Commission heard the matter behind his back setting aside the final order passed on appeal and this has violated the principle of natural justice. 5. We have examined the contention of the learned Advocate but we find no substa..Category: Election Law | Date: | Hits: 153
....tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......n)
Present:
KM Hassan J
Md. Fazlul Haque J
KM Fazlul Haque…………………………………………..Petitioner
Vs.
Chairman, Bangladesh Agricultural Development Corporation and another..............................................Respondents
Judgment
August 28, 1996.......rther submits that the petitioner was not supplied with a copy of the inquiry report. The other grounds taken by him is that no show cause notice was served upon him in violation of the principles of natural justice. The further grounds taken by the learned Advocate for the petitioner is that the fu..
Category: Criminal Law | Date: | Hits: 78
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ...... water, walkways and non buildable rights-of-way. In determining whether an area is open space, the following shall apply: (a) It shall be unobstructed from its lowest level to the sky, except for natural vegetation, roof eaves and permitted roof overhangs. (b) It shall be at finish grade unle..Category: Property Law | Date: | Hits: 135
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....and as such the impugned judgment and order of conviction of sentences should k set aside. His next submission is that the P.Ws.in this case are mostly related and partisan, whereas some material and disinterested witnesses have been withheld by the prosecution without any explanation. Hence the con...... This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......tioned as there is no such column. From the evidence of this doctor and his post‑mortem report and from the facts of the defence case, it can he safely held that the victim Akram Ali sustained an unnatural death. Now, the question is who are the persons responsible for the death of the victim Akra..Category: Criminal Law | Date: | Hits: 73
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is ......al physical possession of suit property all through and the usufructs of the suit property are used for the daily seba pujas of the Deity. The witnesses examined by the plaintiff are all independent, natural and probable witnesses and their evidence does not suffer from any legal infirmity.
26. O..
Category: Property Law | Date: | Hits: 102
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......lvers from the possession of accused Matbor and Shamim Sarder. It is true that in this case seizure list witnesses stated that they were not present at the time of recovery of the arms. This is quite natural. The police party boarded trawler on the suspicion that the persons who hurriedly boarded th..Category: Criminal Law | Date: | Hits: 59
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....e. 20. From the evidence discussed above, it is clearly found that the witnesses examined in the case are natural and probable witnesses. Moreover, P.Ws.2-5 are found to be totally independent and disinterested. All the P.Ws. uniformly and consistently proved that the complainant on taking settle......wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......as net present when the complainant went into possession of the case land for the first time. 20. From the evidence discussed above, it is clearly found that the witnesses examined in the case are natural and probable witnesses. Moreover, P.Ws.2-5 are found to be totally independent and disintere..Category: Criminal Law | Date: | Hits: 73
....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......se is also Reported in: 51 DLR (HCD) (1999) 261....... is revocation of the licence of the petitioner in respect of the curtailed area and no notice having been given to the petitioner before passing the impugned order the same violated the principle of natural justice. Further contention is that petitioner acquired vested right to continue as Nikah Re..
Category: Civil Law | Date: | Hits: 89
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......sent: Md. Gholam Rabbani J Nurul Islam J State……………Appellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sen....... Looking at the sketch map of the place of occurrence (Ext. 8), we find that the shop of P.W.3 was the nearest shop from the place of occurrence at a distance of about twenty yards. So P.W.3 was the natural and not a chance witness as submitted by Mr. Khan. 14. P.W.3 deposed that on hearing crie..Category: Criminal Law | Date: | Hits: 74
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
....ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 666. ...... (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Nurul Huq…………………………Petitioner Vs. Secretary, Rural ElectriÂfication Board and anr……………………………Respondents Judgment December 17, 1991. Result: ......is nothing before us to show that the petitioner was given an opportunity of being heard personally or to cross-Âexamine the witnesses. By not giving the opportÂunity the petitioner has been denied natural justice. 10. With regard to the submission made by Mr. S A M Mahbub Elahi, the learned Ad..Category: Employment/Service Law | Date: | Hits: 65
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....also the other witnesses of the trap party and the decoy witness‑the law requires, as a matter of prudence and caution, that this part of the story should be corroborated in material particulars by disinterested and independent witnesses; the reason being that the members of a police trap party an......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm......utility and that does not end in a fiasco. In other words, even if these witnesses are not inimically disposed towards the appellant they do not want to see their precious efforts to be wasted. It is natural that they would as a team, stick to their story of acceptance of bribe and recovery of the s..Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Badruzzaman J
Kazi Shafiul Nasher…………………Petitioner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
......mits that in any view of the matter the petitioner having not been given the opportunity to cross‑examine the witnesses on the basis of whose deposition the punishment was awarded, the principle of natural justice was violated and on that ground also the punishment is unauthorised.
7. Mr. Moksu..
Category: Civil Law | Date: | Hits: 159
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......intiff, examined as P.W.1, himself stated that he knew how to read and write both the English and the Bengali languages. Mr. Khan wants to say that since the plaintiff himself was a literate man, the natural presumption would be that he had executed the document after knowing the contents of the doc..Category: Property Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......Vs. The State……………………Opposite Party Judgment December 10, 1992. Result: The appeal is dismissed. Cases Referred to- State Vs. Kalu Bepari, 43 DLR 249; Rezaul Haq and others Vs. State, 42 DLR 440. Lawyers Involved: Mansur Habib, Advocate ‑ For the Appella......vocate contends that by suggesting that the deceased committed suicide by hanging the appellant tried to save himself from being punished. As the wife was murdered while in custody of the husband the natural presumption is that the husband is responsible for the death of the wife. The learned advoca..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza......dverse presumption against the respondent on the reasonings that though the respondent denied the marriage, he being the eldest among seven siblings, the marriage of his two younger brothers is not unnatural but considering the surrounding facts coupled with the nature of the witnesses examined by h..Category: Family Law | Date: | Hits: 318
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami ...... year period expired from the date of final decision regarding acquisition if the requiring body fails to deposit compensation money the acquisition proceedings will automatically terminate. There is natural death of the acquisition proceedings and after its natural death, there is no scope to reviv..Category: Property Law | Date: | Hits: 93
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission repreÂsented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah......dinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the principles of natural jusÂtice or where the fundamental right of a citizen has been affected by an act, or where ..Category: Anti-Corruption Laws | Date: | Hits: 214
56835677567656735665564656395610559955795576557155695553555255325524552255055492