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State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... prosecution case doubtful and the evidence of these witnesses should be left out of consideration. In this regard, he refers the cases reported in 6 BLC 204 and 4 BLC 559. He further submits that no disinterested and independent witness was examined to corroborate PWs 2,3, 8 and 20, The evidence ...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......s 4, 6, 7 and 10. So, their evidence should be left out of consideration. PW 13, the guard on duty in the main gate of the park and PW 15, the owner of the canteen of the park, are most competent and natural witnesses. But they did not support recognition of any assailant. Swapan, who allegedly was ..Category: Criminal Law | Date: | Hits: 40
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ......ay be absolutely necessary. In the facts and circumstances of the instant case, the inquiry is found to have been held giving the petitioner reasonable opportunity to defend himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's interference..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......eported in: 59 DLR (2007) 601. ......rospective effect with regard to pending proceedings. Mr. Haque in this regard on referring to the principles of golden rule of interpretation submits that the words should be read in their ordinary, natural and grammatical meaning, hence, portion of statute which contradicts with the preamble sho..Category: Others | Date: | Hits: 104
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ...... Hospital, Dhaka leaving behind one brother and two sisters as his near ones besides the son. On 13-8-87 she divorced her husband, Shahabuddin Ahmed Khan. She made application not as an heir but as a natural guardian of the minor who was all through living with her. After divorce, she did not marry ..Category: Property Law | Date: | Hits: 36
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ...... Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases Referre......transfer is one of the terms of service, if he is affected by an order of transfer, he must take shelter of law in the Administrative Tribunal as the Tribunal can strike down an order of violation of natural justice and for infringement of fundamental rights. 15. In the case of Government of Bang..Category: Employment/Service Law | Date: | Hits: 89
....tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803.......
This Case is also Reported in: VII ADC (2010) 803.......use from the respondent No.1, the appellants have been served with the Notification No.33 of 2001 to the effect that they will not be given booking from 01.09.2001 which is against the principle of natural justice and the fundamental rights of the appellants. The learned Counsel finally submit..
Category: Labour and Industrial Law | Date: | Hits: 109
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......……. Condemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. Stat...... question of any offence under sections 9(2) or 9(3) of the Ain does not arise. He elaborated by submitting that in order to come under the provisions of section 9(2) of the Ain the death must be the natural consequence of the acts of the rapists and clearly in the facts of the instant case the deat..Category: Criminal Law | Date: | Hits: 35
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
.... in Jail Appeal No.605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there being no disinterested and independent witnesses and to prove the exclusive control and possession of the arm......with Md. Rabiul Karim Assistant Attorney-General—For the Respondent-State. Jail Appeal No. 1027 of 2005. Judgment Khademul Islam Chowdhury J.- This Jail appeal is directed against judgment and order dated 17-72005 passed by the learned Special Tribunal No.5, Mymensingh, in Special Tribu......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......nt: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2006. Lawyers involved: ......he latter's compliance with applicable legal requirements and to issue import permit as applied for by the petitioner. It is also stated that the impugned omission is violative of the principles of natural justice and also of the fundamental rights of the petitioner as guaranteed by Article 40 of ..Category: Business or Commercial Law | Date: | Hits: 219
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......This Case is also Reported in: 59 DLR (2007) 433.......Judge specifically considered the evidence of the PWs 3, 4 and 5 and found that none of the witnesses are partisan witnesses or deposed falsely before the Court and also found those witnesses as very natural and probable witnesses of the occurrence. 17. The learned Deputy Attorney-General Mr. Hu..Category: Criminal Law | Date: | Hits: 30
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......eported in: 59 DLR (2007) 410. ......ners informed of any such result or finding or any show cause notice was given to them to explain their position and hence the impugned orders have been passed in gross violation of the principles of natural justice. 10. The learned Advocate next submits that under Rule 6(2)(a) of the Rules t..Category: Employment/Service Law | Date: | Hits: 107
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....y her with full understanding of what she was about to do; that she had full knowledge of the nature and effect of the transaction into which she is said to have entered; that she had independent and disinterested advice in the matter." 22. In Contract Act (Act IX of 1872), section 19 is as f......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....ller Abdul Matin. So, it is contended that there is hardly any inconsistency in the matter of proving time, place and manner of occurrence. The learned Deputy Attorney-General asserts that PW 59 is a disinterested and reliable eye-witness in this case and his vivid description about actual commissio......……………………..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour......াজপুরে যাওয়ার পর আমার স্ত্রী ও কন্যা কোথায় গেল জানি না।" 131. It is not possible to accept such type of unnatural and improbable story. He further said that Shujan used to reside at south Kafrul and he used..Category: Criminal Law | Date: | Hits: 109
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... 59 DLR (2007) 314. ......cted-appellants slipped away at the time of occurrence. The testimony of the victim girls as PWs 1-3 and 9 are cogent, consistent and they corroborated each other in material particulars and they are natural and reliable witnesses. Not a single tangible material is available on record to show that t..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......M Khairul Haque J SM Ziaul Karim J AKM Shamsuddin…………………………………………………………………………..Petitioner Vs. Secretary, Ministry of Establishment and others………………………..Respondents Judgment April 26, 2007. Cases Referred ...... learned Counsel adds that before taking decision to cancel the appointment of the petitioner, no opportunity of being heard was given to him, hence there has been gross violation of the principle of natural justice in passing the impugned order and, as such, the same is liable to be declared to hav..Category: Employment/Service Law | Date: | Hits: 76
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....on false grounds at the instigation of the uncle (Fufa) of the victim and, in such circumstances, it is required as a rule of prudence that there should be some corroboration of the evidence of the disinterested witnesses as may inspire confidence in the mind of the Court. In this case, there is n......l 22, 2007. Cases Referred To- State vs. Mofazzal Hossain Pramanik 43 DLR (AD) 64A, 1996 CriLJ 3225(3228)(DB)(Guj); 1952 CriLJ 1136 (DB); Hari Majhi vs. State CriLJ (1990) 650; 1998 CriLR (SC) and MP 317(319(MP); Mazharul alias Bhulan vs. State 10 BLC 209; Tariq Habibullah vs. State 43 DLR 44......gent and reliable evidence and his judgment does not suffer from any misreading and non reading of evidence. The learned Deputy Attorney-General further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evide..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ......de any finding upon no evidence or without considering any materials evidence and facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle or natural justice. 7. The learned Additional Attorney-General, appearing for the respondents furt..Category: Property Law | Date: | Hits: 30
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......orted in: 40 DLR (1988) 139.......ing days mean the days on which the particular court or office normally and ordinarily function excluding the day of holidays and vacation etc. As regards the working days of a Court the normal and natural meaning would be those of the court on which the court ordinarily functions and is not close..Category: Criminal Law | Date: | Hits: 30
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536; The......wn service rules in pursuance of the President's Order No.68 of 1972. The position of the petitioner vis-a-vis his employer is not that of a master and servant. It will be guided by the principles of natural justice. The High Court Division further held that the petitioner need not be heard by the I..Category: Employment/Service Law | Date: | Hits: 80
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ourt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is disch......hority as per their direction by the impugned notices. There has been no illegality in this. However, we do not find any illegality in the impugned notices and also do not think that the principle of natural justice has been violated in issuance of these impugned notices. 43. The learned advocat..Category: Property Law | Date: | Hits: 88
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