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State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
.... the respondent No.1 and commuting the death sentence of the respondent No.2 4. As it appears the High Court Division found that the whole prosecution case stands on the evidence of P.W.2 who is a disinterested and independent witness and whose evidence does not suffer from any infirmity and his ......CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………………………………………………….Petitioner Vs. Azharul Islam alias Badal and another………………...Respondents Judgment March 15, 2009. Lawyers Involved: S......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. K......so not bone fide and the order of status quo passed in aforesaid Rule cannot be deemed to restrain Agrani Bank from instituting and/or proceeding with the suit against the petitioner since no person, natural or artificial, can be injected or prohibited from suing another person, natural or artificia..
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... destroyed credibilities of examination-in-chief given in support of their master. In the facts and circumstances as disclosed above it appears that plaintiff has failed to adduce any independent and disinterested witnesses in support of his case. Further more vital and important witness Showkat Ali......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha......ts tried and heard by the same Judge simultaneously and the suit for declaration of title and permanent injunction decreed against the contested defendants including instant plaintiff appellant, then natural consequence is that the suit for sale permission for same suit plot is not maintainable when..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......is also Reported in: 45 DLR (HCD) (1993) 541.......f course he stated in cross‑examination that he saw sons of Kadam Ali to possess along with their father without stating the time. It must be before his sale of the land to Azizur Rahman. It is but natural for the sons to help their father in cultivating the land. That does not mean their independ..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………......appellate Court declared the plaintiffs title of the suit land relying on documentary evidence without ascertaining possession m failing to consider that the plaintiff being the original owner it was natural that he had in his possession the original deeds of title, but the crux of the matter was wh..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....eizure list witnesses, which is not proper and in compliance of Section 103 of the Code of Criminal Procedure. 10. The deposition of the witnesses are full of discrepancies and not independent and disinterested witnesses in this case. All of them police personnel, who are interested and not vital......s - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhen......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam 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) 136.......ported in: 44 DLR (HCD) (1992) 136......., therefore, they have been rightly convicted and sentenced thereunder by the trial Court. 9. The death of Masharuddin is not disputed. it is also not disputed that the death of Mashar Uddin was unnatural and unusual. But the defence vehemently disputes the death of Masharuddin in the way and man..Category: Criminal Law | Date: | Hits: 76
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, ......rderer's share. It was decided that the murderer was not entitled to any part of the proceeds of the sale of the house as he would otherwise be benefiting from his criminal act. 14. Principles of natural justice are not inflexible and may differ in different circumstances. It varies with varying..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak......ned notification under Article 3 of PO 149 of 1972 having been made without giving any opportunity to the petitioner to explain his position the same was bad in law being contrary to the principle of natural justice. The learned Advocate has further contended that Article 3 of PO 149 of 1972 having ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489........ Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howl...... evidence of P.W.3 appears to be an improvement in order to further implicate Kawsar with Sanwar. 24. P.W.3 went to Narayanganj morgue and Bandar Police Station where the FIR was lodged and it was natural that P.W.3 would tell his father about his seeing the deceased in the company of the accused..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
.... not turn to cross-examine any of the witnesses. 20. Long line of judicial pronouncement of this sub-continent is that if a witness is otherwise found be reliable or independent or non-partisan or disinterested, the evidence of such alone witness can be taken as the foundation in making decision ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 20......ecimals of land at Mouza Ashulia, Savar SA Khatian No.357, SA Plot No.525 as described in the schedule of the plaint in the name of his minor daughters, defendant Nos.1-2; that the defendant No.3, as natural guardian of minors executed a baina patra for sale on 15-12-2000 on receipt of Taka 15,000 o..Category: Property Law | Date: | Hits: 74
...., we find no subÂstance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ...... 428. ......lant's authorized representative appeared before the Commission and his submission was heard. Therefore, the High Court Division does not find that the impugned order is opposed to the princiÂple of natural justice. Section 152D authorize the Commission either to accept or reject the application if..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......ted in: 44 DLR (HCD) (1992) 110. ......™â€™ In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation of the licen..Category: Constitutional Law | Date: | Hits: 174
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents
Judgment
December 2, 1992.
Lawyers Involved:
Abd......ulturist who is liable to the Bank under any agreement makes default in repayment or otherwise fails to comply with the terms of this agreement with the Bank, such default or failure not being due to natural calamity, the Bank may, subject to any rules made in this behalf, take over the management o..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment......or the petitioner then submits that this Court committed an error apparent on the face of the record in overlooking the aspect that the Ordinance Nos. VII, VIII and XVII of 2007 having embraced their natural death with effect from 25.02.2009, the Ain of 2002 has been deleted from the schedules of th..Category: Civil Law | Date: | Hits: 238
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Ansar Ali Khan………………………Petitioner Vs. Chief Election Commissioner and others……………………..Respondents Judgment January 8, 1992. Cases Referred To......repaying any loan taken by him from any specified bank within time allowed by the Bank therefore. As there is no ambiguity in the words, the provision of section 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842)..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ......at (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring that the plaintiff is still in service under the defe..Category: Employment/Service Law | Date: | Hits: 71
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......e Jurisdiction)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyer......aximum of 10% (ten percent) the supplier shall not however, be liable for such penalties if deliveries are delayed by cause beyond their control such as strike, lock out, war, act of God or any other natural causes covered by the term ‘Force Majerue’.
13. Now, in this connection let us look t..
Category: Civil Law | Date: | Hits: 217
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and TechnoÂlogy, represented by its Vice Chancellor and another..................Respondents
J......r having been issued without following the procedure laid down in the law and without giving the petitioner any opportunity of being heard is violative of the relevant law as also of the principle of natural justice and is, therefore, without lawful authority and of no legal effect. He points out th..
Category: Employment/Service Law | Date: | Hits: 155
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ...... Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government......bmitted that the passports of the petitioner have been revoked and/or cancelled without giving him an opportunity of being heard and in that the action has been taken in violation of the principle of natural justice. His further grievance is that no procedure having been made either in the Passport ..Category: Constitutional Law | Date: | Hits: 288
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