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Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond...... fit in a given fact. So, in the instant case the allegations made against the mutwalli must be within the framework of the statute and must be strictly proved. 16. Let us now consider how far the natural justice clause that has been incorporated by the proviso of section 32 has been complied wit..Category: Trust/Waqf Law | Date: | Hits: 157
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was......tion hold in October/November, 1987 upon the alleged complaint of a person against the petitioner is mala fide, arbitrary and vitiated by non‑application mind and is also violative of principles of natural justice. 5. Mr. Shafique Ahmed, the learned Advocate for the respondents, submitted that ..Category: Others | Date: | Hits: 122
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... (1983) 51. ......nce the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3. Leave was granted to consider the question whether the parties can invoke the violation of natural justice when they were duly served with notice about the final decree. Order 26, rules 13..Category: Procedural Law | Date: | Hits: 72
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ......e question is whether the plaintiff, not described as the insured in the policy as suggested by Mr. Mahmood, is entitled to sue or not as the ‘policy-holder’. 39. “Insured” means a person, natural or legal who has been insured by an insurer against some risks or eventualities. For the pur..Category: Business or Commercial Law | Date: | Hits: 211
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: .............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......he owners of the ship with the Charterer has become disputed. 27. The learned Senior Advocate Dr. M. Zahir argued that admittedly the ship loaded the plaintiffs cargo on 27.5.1997 and as such the natural presumption of its date of arrival at Chittagong Port will be within 10-12 days thereafter a..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......cellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir......ccused person threat her to kidnap and on her information the informant informed the matter to the parents of Mustafizar Rahman. Thereafter on 08.05.2010 at about 5.00 p.m. while his daughter went on natural call from his house but thereafter she did not return home, at one stage of their searching ..Category: Criminal Law | Date: | Hits: 57
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....rther submits that there is evidence of at least 3 eye-witnesses namely, P.Ws. 3, 4 and 5 with whom there is even no suggested enmity of the accused and, as such, based on evidence of the aforesaid 3 disinterested witnesses the order of conviction and sentence is maintainable. He further stated that......earned Sessions Judge, Natore in Sessions Case No.6 of 1994 in confirmation of the sentence of death imposed upon condemned prisoner Md. Khosbar Ali convicting him under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......ndent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section 417(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 a......was found present under it. Blood clot was also found present on the meninges and on the brain matter and those were ante-mortem and, as such, it is easy to presume that the death of Golapi was not a natural death. Now the moot question for determination is whether the accused respondent is responsi..Category: Criminal Law | Date: | Hits: 60
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......—For the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 1......urt Division stayed of proceedings allowing the offenders to escape criminal justice inasmuch as the notice in this case is the tool together evidence on assets and it is in no way concerned with natural justice which shall be available to the petitioner in trial. 8. It appears from the recor..Category: Fiscal/Taxation Law | Date: | Hits: 86
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal......itnesses did not make the prosecution case at all risky and unworthy of belief in the face of unimpeachable evidence of the police witnesses who recovered such arms and ammunition. They were the most natural and competent witnesses in relation to the occurrence. So, she submits for dismissal of the ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......the family for going to the Tea Garden at Kulaura and to Shillong in India, it also cannot be said that there was too much of delay from Shajneen's end. 118. In the context of our society the most natural person to whom Shajneen could have first disclosed the bathroom incident was her mother. But..Category: Criminal Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... Reported in: 58 DLR (2006) 524. ......g on 10-7-1989 corresponding to 25th Ashar he along with his wife, son and daughter were sleeping in the western room of his dwelling hut. At about 2-00 AM on 11-7-1989 he came out from the house for natural call, soon after his return, all on a sudden 5/6 dacoits being armed with daggers forcibly e..Category: Criminal Law | Date: | Hits: 52
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......Joint Commissioner of Taxes with the finding that the assessee appellant being a director of more than one company is not an employee within the meaning of the" Rule 33(3) (b) of the Income Tax Rules and, as such, the assessee was not entitled to the exemption on account of house rent allowance. The......enefit of the Rule 33(3) (b) the assessee must be a director of a company and he must work full time for one company only. Admittedly, the assessee is a director of more than one company. So the only natural, legal and reasonable presumption would be that he must be giving at least some time and att..Category: Fiscal/Taxation Law | Date: | Hits: 91
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ...... This Case is also Reported in: 58 DLR (2006) 487. ......contravention of the Rules of 1998 and, as such, no renewal of the said licence was granted to the petitioner. The petitioner was given sufficient opportunity to defend himself and the requirement of natural justice was followed by the respondents before issuance of the impugned order. The petitione..Category: Environmental Law | Date: | Hits: 551
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o......to explain the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limitation shall ..Category: Criminal Law | Date: | Hits: 65
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177......r any extenuating circumstances exist. In this case, the prosecution has not even disclosed the prosecution case weir the prosecution has also not proved whether Amina Khatun's death was homicidal or natural. The learned Sessions Judge has not examined the appellant by putting him questions to find ..Category: Criminal Law | Date: | Hits: 51
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......ey-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge......r of self control by grave and sudden provocation as he had seen the deceased to cohabit with his wife in his house. They were found in a compromising situation which made him furious and it was very natural for the husband, and, as such, he could not keep his mental balance. Therefore, his acts obv..Category: Criminal Law | Date: | Hits: 93
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......This Case is also Reported in: 58 DLR (2006) 335.......testimony of the two eye-witnesses is sufficient to prove the participation of the principal assailant All Azim and others. On perusal of the evidence on record, we find that PWs 5 and 6 are the most natural witnesses and we find nothing on record to disbelieve them. The learned Additional Sessions ..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......nal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Nil Sen Singh…………………………………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. ......f his paternal property in favour of Raja Singh, while Raja Singh relinquished his wife's ½ share inherited by his wife Malika Debi from her father in favour of Nemai Singh. The above facts are very natural and reasonable. Moreover, solenama between the defendants Nos.4, 5 and 9 and the plaintiff c..Category: Property Law | Date: | Hits: 75
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kabir Ahmed Sawdagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Refe......was the last part of Ramadan and that in the last part of Ramadan a pious Muslim generally confined himself in 'Ehetekaf' in the mosque for some days when he could not go outside the mosque excepting natural requirement. It is contention of the defendant No. 1 that he is a pious Muslim and devoted h..Category: Property Law | Date: | Hits: 115
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