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Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: The R......his rule, Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violation of the elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner&..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad......ahmudul Islam while endorsing the submissions of Dr. Hossain contended: a) even if the petitioner had no legal right to continue as Managing Director of the Bank, the principle of natural justice had to be followed before removing him from such office; b) this being an essen..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ...... ......lip;… Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. Admittedly, all the three educational institutions in questions were incl..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Anti-Corruption CommiÂssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio...... well as the Writ Petition (from which the petition for leave To appeal had been arisen) were dismissed for non-prosecution. So, the ad-interim order passed in connection with those have met its natural death. So, the impugned order passed in revisional application is an abuse of the process of..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....gment and order of acquittal is not maintainable. 10. He further submits that the learned trial Court below after assessing the whole evidence on record found that the prosecution failed to adduce disinterested and neutral witnesses and failed to prove its case beyond all reasonable doubt and, as......ed only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C......bove reveals that the words ‘who’ and the expression ‘any loan or any installment taken by him’ are confusing. In the literal meaning, the words ‘who’ and ‘him’, ordinarily refer to a natural person or an individual. In literal meaning, Clause (m) would mean that if ‘the directorâ€..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......y Council in Attorney-General for Ortario Vs. Mercer, (J.yy3) AC 767 (778) said 'It is a sound, maxim of law that every word in a statute ought prima-facie to be construed in its primary and natural sense, unless a secondary or more limited sense is required by the subject or the context. W..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......on (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule i......udoodi Vs. West Pakistan, 17 Act (SC) 209, Farid sons Ltd. Vs. Pakistan 13 DLR (sc) 233 and Swadeshi Cotton Mills Vs. India AIR 1981 sc 818 the Court of this sub-continent held that the principles of natural Justice should be deemed incorporated in every statute unless it is excluded expressly or by..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witness In a particular case all the eye witnesses may appear to be interested wi......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes......hem as eye-witnesses. The belated disclosure of the name of the assailants by the 4 eye-witnesses rendered their evidence weak, shaky, doubtful and diluted. Whenever a person met with the unnatural death, it is the general human conduct inasmuch as, the nature of the human being that ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.............e person could have made. The court would interfere only if the decision taken by the authority was found to be arbitrary, unreasonable or in gross abuse of power or in violation of prinÂciples of natural justice and not taken in public interest. (5) The Doctrine of legitimate expectation ha..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....n at the time of occurrence. He being the close door neighbour of the accused had the more opportunity to witness the occurrence and from his evidence we find that he deposed alike an independent and disinterested witness. His such fantabulous and marvellous evidence appears to be free from doubt an......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off......eference. He submits that deceased Tarun Kumar Saha was murdered in the house of accused Matiur Rahman @ Mati and the occurrence of murder has been witnessed by his full brother P.W.1 who is the most natural, probable and competent witness of this case as he was living beside of the house of accused..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....hey have mutated their name. Thereafter, all of the purchasers have given a power of attorney to Mr. Md. Hafizul Islam Chowdhury the present plaintiff petitioner and also made a power of Attorney for disinterested letter in favour of Mr. Md. Hafizul Islam Chowdhury, and Md. Hafizul Islam Chowdhury s...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......eported in: 18 BLC (HCD) (2013) 221. ......amongst others, the functions of the telephone operators in Bangladesh. Chapter-12 of the said Act contains provisions allowing flow of information from different operators to BTRC. Thus, it is quite natural that the audit reports of different telecom operators are sent to the BTRC or collected by i..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brothÂer, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...............................ke of law. Here there is no question of assumption of excesÂsive jurisdiction or refusal of exercise jurisÂdiction or any irregularity or illegality in the procedure or any breach of any rule of natural justice. If anything it may merely be an erroneous decision which, the error not being appa..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ......uits cannot be heard analogously. Courts below, as I see, framed issues relating to specific performance of contract, as such, the Courts below in arriving at the decision committed illegality. It is natural mistake and can be happened as when two suits heard analogously, one get preference over the..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......is Case is also Reported in: ......waste food etc. Hazardods chemicals from Hazaribagh ternaries are exacerbating the pathogen. It has been diluted with all kinds of baneful substances we are aware of. The river has already lost its natural colour and character. Its water does no longer have the attributes of water. While indispen..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The...... integral part of the petitioner company, non-responsive vide impugned order is without jurisdiction. Lastly, he submits that the impugned order further fails for non-compliance of the principle of natural justice since neither BGP (Bangladesh) International nor BGP Inc. CNPC has been made party..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals......ples relating to interpretation of statutes, are applicable in interpreting the provisions of a Constitution, (b) the golden rule of interpretation is that the words should be read in their ordinary, natural and grammatical meaning. But the rule cannot be applied when a word used is ambiguous or obs..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge,......r stated that he informed the bank about his illness. He further stated that he deposited in all Tk. 11,890/- up to 30.12.1991 and for volatile political situation of the country and for the cause of natural calamities he could not repay the loan amount. He had intention to repay the loan but for ph..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
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