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Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......(2000) 120.......arket described in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illegal, ineffective, contrary to the Rule of natural justice and void ab initio if it appears that the defendants representing the Government act..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve......authority” within the meaning of Article 102(2) of the Constitution. The learned Advocate also contends that even if the above requirement is satisfied, but since DSE is a juristic person and not a natural person writ does not lie against it. In short, according to the learned Advocate DSE is not ..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......ally prevent them from attending to their work either in service of the State or in their own interest, that obviously means that it amounts to a negation of the rights of the citizens to enjoy their natural rights, their fundamental freedoms and the exercise of their fundamental rights. It is no do..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ...... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J City Sugar Industries Ltd. and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined)......্যান এবং প্রাকৃতিক জলাধার সংরক্ষণ আইন, ২০০০ it is prohibited to change the nature of any land that has been earmarked as a natural reservoir. As per section 8 of the said law any person who acts in contravention of the Act ..Category: Environmental Law | Date: | Hits: 344
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......ourt High Court Division (Civil Appellate Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Baha......by this court in the subsequent Rule, the contemners accepted the rent from Mrs. Sultana, moreso, when she is the lawful allottee of the shop in question as per record of the Corporation. It is quite natural for the contemners to be confused in such circumstances. Therefore, the plea that they acted..Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....ted that he saw the deceased in the company of all the accused persons while he was going to the house of Abdul Jabbar. PW 5 Harunur Rashid corroborated the same in one voice. These two witnesses are disinterested and independent witnesses and there is no reason to disbelieve them on this point that......nt Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobar......20. The learned Assistant Attorney‑General submits that the fact of calling and taking away the deceased from his house on 30th Poush, 1391 BS by the accused persons was proved by the competent and natural witnesses such as the wife of the deceased PW 1 and his daughter, PW 2. He further submits t..Category: Criminal Law | Date: | Hits: 41
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Abdul Malek (Md)……………………Petitioner Vs. Bangladesh and others……………Respondents Judgment April 12, 2006. Lawyers involved......ainst the petitioner. On receiving that letter, the impugned order was passed by the company without issuing any show cause notice to the petitioner and thereby violating the established principle of natural justice. Hence this writ petition. 5. Respondent Nos. 2, 3, 4 and 5 have appeared and..Category: Civil Law | Date: | Hits: 74
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... This Case is also Reported in: 59 DLR (2007) 263. ......nsfers the Bangladesh Rin Salishi Ain, 1989 (Act No. XV of 1989) ("the Act") came into being on the 2nd March 1989 for protecting the farmers interest in the property who transferred for the cause of natural calamity or for the cause of maintaining livelihood. The defendant No. l with a view to decl..Category: Property Law | Date: | Hits: 34
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Governme...... the judge to pass the impugned order of discharge based on inquiry report which was obtained behind the back of the petitioner. Thus, the procedure followed was totally violative of the principle of natural justice and the procedural safeguards provided for in the Regulation No. 861 of the Police..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......e any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any of the principles of natural justice. Thus in our opinion the Court of Settlement appears to have approached this matter ..Category: Property Law | Date: | Hits: 40
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......h Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Chowdhury J Shahella Chowdhury............Petitioner Vs. National Board of Revenue and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvans......items mentioned therein are described in different provisions of the Ordinance. The income includes not only those items as the definition provides to include but also what signifies according to its natural import. Cf: Raghuvanshi Mills Ltd vs. CIT; [1952] 22 ITR 484 (SC). 17. Section 19 provide..Category: Fiscal/Taxation Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....d not have supported the prosecution case. Of course adverse inference will be drawn only if there is withholding of evidence. In the instant case it has been found that natural and independent and disinterested witnesses have been purposely withheld; so the adverse presumption can be had agains...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal......ion must be confined within narrowest limit. The court must insist un strict proof of condition requisite for admitting post-mortem report in evidence Since the doctor who held post-mortem is a natural witness and as such all efforts ought to have been made to examine doctor during trial. Pr..Category: Criminal Law | Date: | Hits: 30
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....ure list Ext. 3 and the lungi was marked material Ext.II. 16. P.W.5 Khizir is a teacher by profession and close door neighbour of Nurul Islam and as such he can be treated to be a most natural and disinterested witness. He along with others took Nurul Islam to Chuadanga Hospital. He also stated t......Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......e under seizure list Ext. 3 and the lungi was marked material Ext.II. 16. P.W.5 Khizir is a teacher by profession and close door neighbour of Nurul Islam and as such he can be treated to be a most natural and disinterested witness. He along with others took Nurul Islam to Chuadanga Hospital. He a..Category: Criminal Law | Date: | Hits: 61
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......s Case is also Reported in: 54 DLR (2002) 35.
......1997 this boiler was disconnected by force by the authorised contractor of the Gas Company ignoring the protest of disconnection and there remained the boiler of having 1.5 tons capacity per hour and naturally the gas bill should come down because of standby and disconnection of 3 tons boiler but co..
Category: Civil Law | Date: | Hits: 115
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......e of the surplus land was cancelled without any notice to the petitioners thus depriving them of the opportunity to defend their right to property which is violative of their fundamental right and of natural justice.
14. Mr. Md. Altaf Hossain Khan, learned Deputy Attorney-General appearing for th..
Category: Property Law | Date: | Hits: 31
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......Case is also Reported in: 52 DLR (HCD) (2000) 105. ......ision has inherent power to pass necessary order to prevent abuse of the process of the court and for ends of justice under provisions of section 561A of the Code of Criminal Procedure. This is quite natural that when the allegations made in the First Information Report or petition of complaint do n..Category: Criminal Law | Date: | Hits: 39
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. 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) 99. ......o Reported in: 52 DLR (HCD) (2000) 99. ...... the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59 acres in mou..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......ed in: 56 DLR (2004) 39. ......imed that defendant No. 1 received by signing the vouchers in total Taka 59,35,000 and that he was present at the time of issue of each voucher. All of them were the employees of the company and were naturally interested witnesses. 45. Of the cheques two cheques each of Taka 2,00,000 were dishono..Category: Civil Law | Date: | Hits: 78
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......iginal Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zill...... by the petitioner reiterating the facts as stated in the writ petition and stating further that since the respondents acted illegally, mala fide and in an arbitrary manner violating the principle of natural justice the instant writ petition is very much maintainable within the meaning of Article 10..
Category: Environmental Law | Date: | Hits: 226
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......t down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87....... She being complainant is interested in the result of the case. Her sole uncorroborated evidence will not be enough and sufficient for reliance and conviction. He submits that father of P.W.1 being a natural and material witness on the matter was not examined at the trial to support the allegation. ..Category: Family Law | Date: | Hits: 175
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