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Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ........Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (Md) Vs. Bangladesh and others, 45 DLR ......tion. In this case, it was found that the Gas Transmission was a functionary of Petrobangla, which was a local authority being created under law, and it (Titas Gas Transmission) was engaged to supply natural gas to the petitioner, Conforce Limited, under a contract as subsidiary of the Government wh..Category: Information Technology Law | Date: | Hits: 217
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment January 11, 2004. Cases Referred To- Siraj Miah vs. State, 2 BLC 402; Abdus Soblian vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD)......due to shock and hemorrhage as a result of injuries which was ante-mortem and homicidal in nature. 19. The evidence so far adduced by the prosecution is found to have been a credible, reliable and natural one because witnesses being coÂworkers, had sufficient opportunity to witness the occurrenc..Category: Criminal Law | Date: | Hits: 30
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R...... regards who will represent or be authorised to receive the licence and the apparatus, this can fully be dealt with by the Board of Directors, who, without any difficulty, can and would authorise the natural person or persons to whom the licence and the apparatus should be delivered. The minority sh..Category: Information Technology Law | Date: | Hits: 230
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....ly on the ground that medical certificate on this behalf has not been brought on record by not examining the concerned doctor. Added with this, lie further claimed that non-examination of independent/disinterested witnesses should not be the barrier for getting justice in a case of murder where the ....... This Case is also Reported in: 56 DLR (2004) 69.......n hearing alarm raised by the deceased and saw the mischief so done by them (accused-appellants). He finally submits that in view of the evidence on record and to the fact that the deceased died an unnatural death at the hands of the accused appellants, they should not escape from punishment and, as..Category: Criminal Law | Date: | Hits: 28
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu......s such his remedy lay before the Labour Court as per decisions referred to in 46 DLR (AD)1, 43 DLR (AD) 154 and 31 DLR (AD) 298. 12. It was submitted that the show cause notice and/or principle of natural justice is not applicable in case of simple termination of any employee with all termination..Category: Employment/Service Law | Date: | Hits: 95
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......fake persons used his name in opening the said account by resorting to deliberate fraud. There is absolutely nothing on record to disbelieve this witness, who is found to be a thoroughly independent, natural and probable witness in the case. I do not, therefore, find any reason to disbelieve the con..Category: Criminal Law | Date: | Hits: 40
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accus......ence of the prosecution witnesses and convicted and sentenced the accused appellant in a most casual manner. The learned Advocate also submits that the prosecution has failed to prove its case by the natural and probable witnesses and consequently, accused appellant is entitled to acquittal as a mat..Category: Criminal Law | Date: | Hits: 53
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......al Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being ar......ce has been shifted to a distance of about half a mile and made it another ground for acquittal. The learned Assistant Attorney-General further submits that although all the prosecution witnesses are natural, probable and competent witnesses and there are no internal marks of falsehood in their evid..Category: Criminal Law | Date: | Hits: 76
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......on (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Rice Mill Owners Association........................Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 19, 2002. Lawyers Involved: Bin......ase the writ petitioner was neither given any hearing nor informed about the fate of his application till date. The respondent has thus acted illegally, male fide and in violation of the principle of natural justice and thus Articles 19 and 27 of the Constitution have been violated. 3. Thereafter..Category: Civil Law | Date: | Hits: 162
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....ct of the present accused-appellant in the occurrence. So, the reliance on the confessional statement of two confessing accused who mentioned a nickname having no corroboration by any independent and disinterested witness nor it is supported by actual address of the present accused appellant includi......he Respondent State. Criminal Appeal No. 2015 of 1997. Judgment Md. Hassan Ameen J.-This criminal appeal, at the instance of accused-appellant Mohammad Ali, is directed against the judgment and order dated 29-6-97, passed by the learned Assistant Sessions Judge, Bogra, in Sessions Case No....... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ..Category: Criminal Law | Date: | Hits: 89
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......on)
Present:
AHM Shamsuddin Choudhury J
Sheikh Md. Zakir Hossain J
Siddique Ahmed……………..Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Resp......Natural Law theory, propounded by H L Hart, amongst others, is hoisted on the grooming that in reality law consists of rules in accordance with reason and, nature has formed the basis of a variety of natural law theories, ranging from classical times to the present day. The centrifugal notion is tha..
Category: Constitutional Law | Date: | Hits: 482
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....t on reaching at the place of occurrence Kismot Ali lost his sense seeing the dead body of his son and regained his sense at about 12 mid-night and he was present there. He could not tell whether any disinterested persons came to the place of occurrence on hearing hue and cry. He denied all the defe...... Ed. This Case is also Reported in: 54 DLR (2002) 242. ......rest house from the place of occurrence belonged to the deceased and their neighbours and all the neighbours are co-related including the accused persons are also neighbors of the deceased. So, it is natural that relations will come forward and see the occurrence. Mere relationship by itself cannot ..Category: Criminal Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......2000) 201.......that having had made the order for leasing out the fishery afresh upon inviting bid through well circulated tender without hearing the petitioner and that thereby having had violated the principle of natural justice the said order of the Divisional Commissioner not being legal and that said illegal ..Category: Property Law | Date: | Hits: 33
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......ashed Kamal & another………………. Opposite-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Ad......41 of the Act. It is to be noted that time is a great factor of human life of his/her mundane affairs specially when it comes into play for legal purpose. We have no hesitation to hold that this is a natural phenomenon that lost wealth may be replaced by industry, lost knowledge may be regained by s..Category: Criminal Law | Date: | Hits: 62
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Jiban Bima Corporation represented by its MD…………………….Petitioner Vs. Md. Mohibul Majid and another…………………………………….Opposite Parties Judgment March 23, 199......body without being satisfied on the basis of materials before him, that the judgment-debtor has willfully disobeyed or violated injunction. Such a course is also grossly violative of the principle of natural justice. Prudence, equity and good conscience revolt against such a preposterous proposition..Category: Procedural Law | Date: | Hits: 79
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......—For the Appellants. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangai......ed that her daughter Joynab Banu died taking poison. Sultan Bhuiyan also lodged information with the local police station that deceased Johynab Banu died by committing suicide by taking poison and un-natural Death Case No.8 dated 19-3-84 was started according to the said information of appellant No...Category: Criminal Law | Date: | Hits: 28
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......risdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Ahsan Ullah (Md).....................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Respondents
Judgment
June 30, 1998.
Case Referred To-
......the petitioner was also not given any show cause notice prior to issuing the impugned notifications purported to curtailment of his area already covered by his licence, which offends the principle of natural justice.
7. The learned Advocate Mr. Abdul Baset Majumder appearing for moving the applic..
Category: Employment/Service Law | Date: | Hits: 76
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....cene, P.W. 1 disclosed about the recognition of appellant No. 1. P.W. 6 Belayet Hossain amply corroborates P.W. 1 on recÂognition. There is no reason why P.W. 6 should be disbelieved because he is a disinterested witness. 14. Against appellant No. 1 Rattan Kha, therefore, there is both direct............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ............Respondent Judgment April 27, 1987. Cases Referred to- State vs. Mokbul Hossain, 37 DLR 156; Yusuf vs. Appellate Tribunal, 29 DLR (SC) 211. Lawyers Involved: Enayet Peer Khan and M. Shamsul Alam, AdvoÂcate - For the Appellant. Fakhrul Islam, Assistant Attorney General an......there from to Amua for treatment which caused delay. It was also stated that they had to go to police station by boat against foul weather and against current. In the case, it seems to me that'll was natural on the part of the informant to take step first for the treatment of the persons who were se..Category: Criminal Law | Date: | Hits: 93
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd......ue and about the subsequent sale by said Jabiullah Siddique inasmuch as the petitioner is in possession of the said property. The petitioner filed the writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide an..Category: Civil Law | Date: | Hits: 81
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