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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others................... the defendant-opposite parties; This tendency of giving relief in a summary manner without hearing the other side(s),is clearly violative of the law declared by this Division and the principles of natural justice as well. Therefore, we find the grievance of Mr. Mahmudul Islam legitimate, Mr. Akt..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result: The R......acilities amounting to Taka 18.20 Million on 15-3-2006. The respondent No. 2, Bank disbursed Taka 1, 00, 70,000 (one crore seventy thousand) payment of instalment started from 13-11-2007. Due to natural disaster AILA and exportation restriction imposed upon all the products there occurred ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......e Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others.................Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others.......... has worked to his detriment. The Court could interfere only if the decision taken by the authority was found to be arbitrary, unreasonable or in gross abuse of power or in violation of principles of natural justice and not taken in public interest. But a claim based on mere legitimate expectat..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 1......ACC Rules) are not merely directory, they are mandatory, and hence, since the investigation process could not be concluded within the period stipulated in Rule 7, the proceeding is destined to face a natural death. He relied on the same concept as to Rule 10 as well. 24. In addition, he argued..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... Court Division (Criminal Revisional Jurisdiction) Present: Abdul Awal J Md. Faruque J Giasuddin-al-Mamun.............................Accused-petitioner Vs. State and another…………….....................Opposite-parties Judgme...... as per provision of Article 93 of the Constitution of the Peoples Republic of Bangladesh and those Ordinances were not approved by the parliament and as such the said Ordinances died their natural death on 24th November, 2009 upon expire of the 30 days of the first meeting of the 9th Parl..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... of alleged occurrence and that P.W. 9 also failed to say anything in this regard. As regards the defence plea the High Court Division was of the view that "they (D.Ws.) were quite independent and disinterested witnesses and their evidences were confidence inspiring and command credibility. They......esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....me of alleged occurrence and that P.W.9 also failed to say anything in this regard. As regards the defence plea the High Court Division was of the view that they (D.Ws.) were quite independent and disinterested witnesses and their evidences were confidence inspiring and command credibility. They.....................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......ination that in 1965, he was a voter at Ishwardi and after liberation of Bangladesh, he participated in an election at Fulbaria under the district of Dinajpur, which was not believable, as it was not natural that a person, who served as an Executive Engineer, would go to an Upazila and participate i..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice......R (AD) 151 it has been observed by their Lordships as follows:— "The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu." The natural corollary would be that the High Court Division is not obliged to hear the parties before pr..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T......ent passed in earlier Writ Petition No. 6891 of 2002 which was apparently made in contravention of Order XXI, rule 83 (3) of the Code of Civil Procedure and also in violation of the principle of natural justice, inasmuch as, the direction was made without affording the Agrani Bank any oppo..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871...... Jurisprudence. 42. Moreover, it is the definite case of the defence that there was an internal feud between the parties and when there is a background of enmity and the Police witnesses are not natural and independent witnesses and further natural and independent witnesses did not support the ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment......ancellation of earlier assignment given to the petitioner vide letter dated 30-11-2008 without issuing notice upon the petitioner for such cancellation of assignment is nothing but complete denial of natural justice of the petitioner. 13. Moreover, he submits that the claim made by the Responde..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg...... of plaintiff-petitioner without giving any show cause notice upon him. The plaintiff-petitioner also did not get any opportunity of being heard which is illegal and against his fundamental right and natural justice. It was also asserted by the plaintiff-petitioner that he is a citizen of Bangladesh..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......e, no reliance can be attached to P.Ws. 7, 16, 20; that if the story introduced by P W 32 regarding the threat of Jibran by Titu on the alleged birthday party of P.W. 16 is taken as true, it is quite natural that she (P.W. 32) would have intimated this fact to the police or to the informant aft..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......but not on grounds of lack of jurisdiction or it being a nullity for some reasons such as gross illegality, irrationality, violation of constitutional mandate, malafides, non-compliance with rules of natural justice and perversity.” 43. In the cited case Supreme Court of India further observed..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......n-opposition of respondent No.2 it has been asserted that petitioner Nos.1-4 had purchased tender schedule for appointment of Berth Operator for cargo as well as container on 30.05.2010. It is the natural phenomena that if the petitioners had any ambiguity with regard to the contents of the tend..Category: Others | Date: 21 Jun, 2012 | Hits: 20
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......n
(Civil)
Present:
Surendra Kumar
Sinha J
Md. Abdul Wahhab
Miah J
Nazmun Ara Sultana
J
Muhammad Imman Ali
J
Md. Shamsul Huda J
Secretary,
Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat,
Ramna, Dhaka and others....................ssion of 1.54 acres of land out
of writ-petitioner's 20 acres
lease-hold land without serving any notice upon the writ petitioners have been
illegal and also in violation of the principle of natural justice.
11.
We do not find any wrong or illegality in the above findings of the High ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip......human victim. 5. The first point to be looked into is what is said to be causing a death. An act may be said to cause death when the death results from the act itself, or from consequences naturally or necessarily flowing from that act. Anything contributing to, or bringing about the..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
The rule is ...... illegally issued the impugned order without serving any notice under Section 55(1) of the Act leaving the petitioner without any opportunity to defend his case. Therefore, violating the principle of natural justice the respondent No. 3 issued the impugned order which is to be declared without lawfu..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers..................Respondent......Court for enforcement of fundamental rights is guaranteed which is itself a fundamental right and Article 32 (2) empowers the Supreme Court to issue orders, directions or writs including writs in the natural habeas corpus, mandamus, prohibition, quo-warrant, certiorari for the enforcement of an..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
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