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Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ......ority, to hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natural justice and also harassment of the plaintiff whose business money was blocked for long time ..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224....... This Case is also Reported in: 58 DLR (2006) 224.......97, he purchased the entire share of said Jalal Patwari that was allotted to him in the preliminary decree. So, he could not claim that he was not aware of said decree. In the fitness of things, most natural and proper step for said opposite party No. 1 was to take step for substitution or addition ..Category: Property Law | Date: | Hits: 72
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. ......e submits that since the kabuliat was executed and registered, it could not be cancelled without issuing a show cause notice upon the opposite-parties, such action being violative of the principle of natural justice. It was further submitted by Mr. Khan that the lower appellate Court considered the ..Category: Property Law | Date: | Hits: 66
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A ......f Central Insurance Company Ltd and others Vs. MT Tasman Spirit and others reported in 2004 (CLD) 695. Karachi relied on the English Court of Appeal decision in the Evpo Agnic case and held that "the natural persons own the shares of acompany whereas the company owns the properties. Even if it is tr..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......Reported in: 58 DLR (2006) 117. ......wspaper. 60. From the scheme of the Presses and Publications Act, 1973 and also from the language employed in section 2(k), 2(m) and section 7 of the said Act, 1973, it is clear that not only a natural person but also an artificial person, like a company, can become a printer and a publisher o..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19, 2005. Lawyers Involv......there is no scope for holding any enquiry before revocation of petitioner's licence of Nikah Registrar as he himself admitted the charge brought against him. So, the question of violating the rule of natural justice does not arise. The allegations brought against the petitioner was however, enquired..Category: Employment/Service Law | Date: | Hits: 81
....rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105.......6.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the High Court Division in Civil Revision No.1480 of 1997.)
......nd of Plot No.41 to aforesaid Shamsuddin Bhuiyan and at the relevant time vendor Golam Saber Shamsuddin Ahmed being minor, the patta deed dated 1.7.1944 was executed and registered by his father, the natural guardian, and accordingly said Shamsuddin Bhuiyan has been possessing as owner of the suit p..
Category: Property Law | Date: | Hits: 81
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... Lab…………Petitioner Vs. Bangladesh & others…………Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. ......n the question of amount of VAT and no enquiry was held within the knowledge of the petitioner and requested the respondent No.5 to withdraw the illegal demand which was violative of the principle of natural justice. The petitioner was asked to appear before the respondent No.5 on 20-7-1993 for hear..Category: Fiscal/Taxation Law | Date: | Hits: 139
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......16 BLC (HCD) (2011) 386. ......a body, named “Centre for Human Rights,” at it’s meeting dated 15th September 1998, authorised the petitioners to proceed with appropriate action to protect public interest and the Republic’s natural resources and hence, this petition. 3. Being ignited by the zeal of the members of the ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....k of an Inspector, the trial of the case stands vitiated and on that ground alone the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that no disinterested, natural and competent witness having been examined by the prosecution to prove the al......te—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case N......or, the trial of the case stands vitiated and on that ground alone the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that no disinterested, natural and competent witness having been examined by the prosecution to prove the alleged misapprop..Category: Criminal Law | Date: | Hits: 88
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......¦â€¦â€¦â€¦â€¦â€¦Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......2) extinguished after the expiry of the assessment year 1981-82 as the notice was not complied with by the assessee. According to the Tribunal, the proceedings initiated under section 22(2) came to a natural death on 30-6-82 as the notice under section 22(2) was not responded to by the assessee i.e...Category: Fiscal/Taxation Law | Date: | Hits: 96
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow...... law upon this subject appears to be, that, except where the Constitution has imposed limits upon the legislative power, it must be considered as practically absolute, whether it operate according to natural justice or not in any particular case. The courts are not the guardians of the rights of the..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M......cation for review before the Appellate Division under Article 105 of the Constitution. On the other hand, a member of Parliament, owes his existence to the Constitution and the Constitution alone and naturally the Constitution itself spells out the qualifications as well as the disqualification of s..Category: Constitutional Law | Date: | Hits: 202
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......d in: 53 DLR (HCD) (2001) 522. ...... an allottee and plaintiff paid rents to Government including all arrear rents and Government also took decision that the suit property would be sold to plaintiff on the price fixed by it. Equity and natural justice demand that plaintiff is not to be deprived of the suit property. Government thus, i..Category: Property Law | Date: | Hits: 83
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref......hamsul Haque and, to some extent, father Mukhlesur Rahman for their rights in the suit property left by their mother, Farida Rahman. How greed and hunger for property and money can come in the way to natural love, affection and care and ultimately, spoils all beauties of paternal love, care and duty..Category: Property Law | Date: | Hits: 139
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......¦â€¦â€¦â€¦â€¦..Petitioner Vs. Mukul @ Swapan……………………………………………………..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD......tempo but, curiously enough, the tempoo driver has not been examined in this case and none of the locality saw the victim at the place of occurrence or even the place of occurrence village. Thus, the natural presumption is that the victim might have received the injury elsewhere and the command cert..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....was seen in the locality for 4/5 days before the occurrence. His such evidence is inconsistent with PW 2. Moreover, relationship of PW 3 with the appellant was inimical. He was not an independent and disinterested witness. Furthermore, his evidence does not prove presence of the appellant in his hut......lant Vs. State ………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem M......rd that following morning of the death of the deceased PW 2, father of the deceased, PW 3 and others went to the police station and gave information as to the death of the deceased. Accordingly, an unnatural death case was recorded in the police station and Sub-Inspector. Abdul Jalil Molla was endor..Category: Criminal Law | Date: | Hits: 41
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... that “The principle laid down in the said case along with the provision of section 114(g) of the Evidence Act is applicable in the present case where the prosecution suffers for non-examination of disinterested and independent witnesses as though the occurrence is alleged to have taken place in t......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......ourt High Court Division (Criminal Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Joynul Abedin J State ……………..Petitioner Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- ......se it appears that other cases were pending against the condemned prisoner. The learned Deputy Attorney-General accordingly, submits that since he was an absconding accused in many cases it was quite natural that he got himself admitted in the hospital for treatment by suppressing his identity. 4..Category: Criminal Law | Date: | Hits: 50
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