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Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ...... Md. Muzammel Hossain J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, repÂresented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others ................Petitioners Vs. Md. Tarikh-ul-Islam and others ..........................ners resorted forgery in enlisting their names in the MFC stopped their salaries on the basis of the recommendation made by the Deputy Commissioner, Nature. There was no violation of the principle of natural justice in issuing the impugned order. The writ petition is liable to be dismissed. 4. Th..Category: Employment/Service Law | Date: | Hits: 58
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184....... condoning the delay of about 7 years 2 months that is 2617 days caused in filing the appeal. 2. The accused petitioner Mahirun Nessa has been convicted u/ss. 467/109 of the Penal Code by Judgment and order of the Additional District Magistrate, Rajshahi and sentenced thereunder to suffer RI for ...... the jurisdiction invoking the aid of section 5 as a special case. It appears that after being enlarged on bail her attendance having been dispensed with in consideration of her old age, it was quite natural that she was not conversant with the Criminal Proceeding and for that matter the order of co..Category: Procedural Law | Date: | Hits: 112
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others......order of conviction and sentence passed by the trial Court is sustainable in law. 8. The death of Tutul is not disputed. The prosecution has also proved by evidence that the death of Tutul was not natural death and this also finds support of the evidence of P.W.8 Doctor Mohammad Ali Hossain who h..Category: Criminal Law | Date: | Hits: 84
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ty to the agreement and thereby they are not bound by the terms of the agreement. It appears from the materials that the petitioners were also not given a reasonable opportunity of being heard though natural justice demands that no man should be condemned unheard unless this statutes excludes the op..Category: Constitutional Law | Date: | Hits: 145
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd..…..............Petitioner Vs. Chairman, Labour Court, Chittagong and another....................Respondents Judgment April 28, 1992. Cases Referred To- P...... sick leave in time which was duly received by the petitioner. His absence was not unauthorised. He finally alleged that the dismissal was arbitrary, motivated and absolutely against the principle of natural justice and the order of dismissal was liable to be set aside. The petitioner appeared befor..Category: Labour and Industrial Law | Date: | Hits: 120
....tly of all other questions be referred to the decision of an arbitrator to be appointed in writing by the parties in difference or if they cannot agree upon a single arbitrator to the decision of two disinterested persons as arbitrators of whom one shall be appointed in writing by each of the partie......late Jurisdiction)
Present:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ch was placed in the hand of the receiver who was the OC of the local police station so it was improbable that the informant party grew the paddies. (iv) The prosecution failed to produce a single disinterested and independent witness from the neighboring land while admittedly many persons from t......ent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- For the Appellants. Shareef Ahmad, Advocate ‑For the State. ......at the plot No. 1050 in the morning of 20.11.86 at about 7‑30 AM. The learned counsel for the State also pointed out that the FIR was lodged within about 3 hours of the occurrence and that the most natural and competent witnesses have deposed in the case giving a proper proof of the occurrence reg..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......mned prisoner in chronological order. 4. On 2.12.85 at about 6 AM Dhalu Bepari, the elder brother of the condemned prisoner went to the house of Anwar Hossain of Village Patihar Upazila Agailjhara and informed him that his daughter Momtaj Begum had died. On receipt of the news Anwar Hossain went ......were husband and wife. The evidence of PWs 5 and 9 discloses that both were in the house at the relevant time. The death of the wife being caused by strangulation as already found by us, it was quite natural for the husband to send an information to the Police station. The condemned prisoner did not..Category: Criminal Law | Date: | Hits: 81
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......bibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others……………….Respondents.
Judgment
April 17, 1990.
Cases Referred to-
B......jan Das Vs. Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280. In the case reported in 32 DLR 265 (as referred to by the learned Advocate for the petitioner) it was held that the Rules on natural justice must be read in the context of the statutory provision governing a particular case a..
Category: Employment/Service Law | Date: | Hits: 89
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr......cution did all that was possible. The accused Police were there in actual control of the Police station. They took bribe by extortion. The Police officers had guilty minds or mens rea. Therefore, the natural presumption as to the cause of injuries as revealed through the post‑mortem report would a..Category: Criminal Law | Date: | Hits: 87
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judg......e passing this order whereby a right vested in the petitioner had been taken away, no notice was issued to him and he was not heard and as such, this order was in violation of the basic principles of natural justice. 10. The second ground taken by Mr. Chowdhury is that the respondent No. 1, or th..Category: Property Law | Date: | Hits: 63
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh......scribed fee and reasonable fine and prayed for withdrawing the notice of demolition. The petitioner alleges that without giving him an opportunity of personal hearing in violation of the principle of natural justice, the respondents issued notice dated 18.5.1989 directing the petitioner to demolish ..Category: Property Law | Date: | Hits: 77
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....d various other avocations. To such busy persons time is valuable. They cannot have the luxury of going to Court on receipt of summons only to come back without being able to depose in the case. Thus disinterested witnesses are losing interest to appear before the Court to avoid harassment of going ......‘ For the State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribuna......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R......lower major penalty he should not be awarded comparatively higher major penalty without giving him any opportunity to show cause for infliction of such higher major penalty following the principle of natural justice. 11. When a person is removed from the service under Rule “৪০(১) (খ) (à..Category: Employment/Service Law | Date: | Hits: 175
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......sain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Abdul Hannan Khan (Md.)................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sam......he petitioner on 3.8.89. For this reason he submits that by contravention of the provision of Rule 7(2) by simultaneously appointing an Inquiry Officer, there has been a contravention of principle of natural justice inasmuch as the Petitioner has been deprived of his initial right of submitting dire..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-......der, and in such manner and on, such terms as it thinks fit, of any movable property, being the subject‑matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural decay, or which for any other just and sufficient desirable to have sold at once." The Or..Category: Procedural Law | Date: | Hits: 84
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh CheÂmical Industries CorporaÂtion and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s H......no result. When that was the matter a letter of provisional work order was issued in favour of respondent No.6 without considering the case of the petitioner which is in violation of the principle of natural justice. The petitioner thereafter served demand of justice notice but fill today no reply w..
Category: Others | Date: | Hits: 128
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... This Case is also Reported in: 48 DLR (1996) 61. ......ntrue. It is to be seen in the present case person that all the P.W.s were at and near the place of occurrence and some of them were physically assaulted by the accused persons. So, they are the most natural and competent witnesses in this case to prove the charges against the accused persons. We ha..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......ddin J. - I agree. This Case is also Reported in: ...... (P.W.1) and the members of his family went to bed after having supper at about 9 p.m. His wife (Sufia Begum, P.W.2) and daughter waked up at about 3 o’clock and went outside of the room to respond natural call. In the meantime, two robbers entered into the room, following whom his wife and daught..Category: Criminal Law | Date: | Hits: 58
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina......e death was due to shock and haemorrahage as a result of injuries which were ante-mortem and homicidal in nature. From the nature of the injuries it appears that the death of Md. Abu Sayeed was not a natural death. 11. P.W.2 Moniruzzaman is the brother‑inÂ-law of the deceased. He stated to be ..Category: Criminal Law | Date: | Hits: 83
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