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State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque,...... from being killed or molested is not only the Constitutional right of 150 million ordinary people of Bangladesh but is happened to be their birth right. The people of Bangladesh has a right to die a natural peaceful death and not being hacked to death by a chinese axe and other weapons as alleged i..

Category: Criminal Law | Date: | Hits: 68

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237....... Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi...... licence of permanent Nikah Registrar. The learned Counsels have further submitted that curtailment of the area without any notice to the Nikah Registrar having been done contrary to the principle of natural Justice is not sustainable in law, inasmuch as, a permanent Nikah Registrar is not liable to..

Category: Constitutional Law | Date: | Hits: 109

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

....chance to the wit­nesses to recognize them, (iii) the recog­nition of the accused persons by P.W.2 and P.W.6 in the light of the hurricane-lantern has not received corroboration from independent or disinterested wit­nesses. One hurricane-lantern has been seized in spite of mention of two hurri­c......Present: Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Kader @ Kada and others…………Petitioners Vs. The State…………………………………......Re......e of the said witnesses was not supported or corrobo­rated by independent and disinterested witness. Keeping in mind the time at which occurrence took place, P.W.s. 1, 4 and 10 were the probable and natural per­sons to go to the place of occurrence and coming of others than the inmates of the huts..

Category: Criminal Law | Date: | Hits: 57

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

....ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......Abdul Kader…………………....Petitioner Vs. Bangladesh Road Transport Corporation repre­sented by Chaiman having its Head Office at Paribahan Bhaban, 21, RAJUK Avenue, Motijheel, Dhaka and others .........Respondents Judgment February 15, 2010. Lawyers Involved: Md. Abu S......nowledge in respect of driving which had been clearly stated before the enquiry officer as such the labour court has acted with lawful author­ity allowed the case to the effect that the principle of natural justice has been denied to the petitioner while dismissing him from service inasmuch as the ..

Category: Labour and Industrial Law | Date: | Hits: 79

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......fazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna, Dhaka-1000 and others…............Responden......y of hearing to the writ petitioner but the petitioner got no chance of hearing on merit of the writ petition at the time of hearing of applica­tion for restoration which is against the principle of natural justice and as such the impugned order is liable to be set aside for the ends of justice. ..

Category: Election Law | Date: | Hits: 92

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U......pollution caused by the factories and industrial units depend on their type, location, raw materials, chemical effects, production process and discharge of gaseous, liquid and solid pollutants to the natural environment. After the survey, the respondent no.2, by a notification bearing number EPC/8.1..

Category: Environmental Law | Date: | Hits: 345

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ......in: 55 DLR (2003) 332. ......inted and the judges of the Supreme Court sit in that order. This cannot be disturbed by arbitrary order or intervention by the Government and the aforesaid supersession is contrary to the concept of natural justice which is a general principle of law recognised by all constitutions the civilised co..

Category: Constitutional Law | Date: | Hits: 126

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......eported in: 53 DLR (2001) 155. ......sible for the attendance of witnesses at the trial. Once the intention of the law-giver is clear no consideration of practical expediency or possibility of abuse should be allowed to deviate from the natural consequence flowing from the correct interpretation of the statutory provisions of the Case...

Category: Criminal Law | Date: | Hits: 189

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......mmissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.00 and being aggrieved by the said assessment the applicant preferred an appeal before the Appellate Jo......ate Tribunal arbitrarily fixed the professional income at Taka 70,000.00 and 48,000.00 respectively without any basis and hence this cannot be sustained in law as the same is against the principle of natural justice. Considering the facts and circumstances of the Case and submission made by the lear..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ported in: 53 DLR (2001) 63. ......d not be declared to be without lawful authority and of no legal effect. 2. The petitioners having lost their home and hearth situated in different parts of Bangladesh due to river erosion and natural calamities, came to Dhaka and constructed long ago structures and dwellings in Balur Math Ba..

Category: Property Law | Date: | Hits: 60

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......the employee has a right of action either in the Supreme Court in its writ jurisdiction or in a Civil Court, (b) If the service of its employee is terminated in violation of the principle of natural justice, the employee has a similar right of action as in (a), (c) If the office is a..

Category: Administrative Law | Date: | Hits: 165

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......010) 130. ......ion the owner of the suit property is writ-respondent No.9, daughter of the writ-respondent No.8 who is a minor girl who has been staying abroad for her studies and the writ-respondent No.8 being the natural guardian of writ-respondent No.9 has legal right to protect his daughter's property and as s..

Category: Property Law | Date: | Hits: 26

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ...... Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Provat Kumar Das..............Petitioner Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents Judgment April 26, 2009. Lawyers Involved: ...... Rin Adalat passed the order for civil imprisonment ex parte without providing any opportunity of hearing to the judgment-debtor-the writ petitioner, which is ex-facie a violation of the principle of natural justice and thus the High Court Division acted illegally in passing the impugned order. ..

Category: Civil Law | Date: | Hits: 121

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......il) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. Lawyers Involved: ......iation of the evidence on record. 8. As observed above, the trial Court did not give any finding with regard to the point as to whether the transaction was an out an out sale or a mortgage and natural­ly the High Court Division while affirm­ing the judgment of the lower appellate Court did ..

Category: Property Law | Date: | Hits: 21

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......(ADC) (2010) 113; 7 LG (AD) 2010, 5. ......Sutar that both Sections 4, 6 and 6A were declared ultra vires the Constitution and therefore the position is that Sections 4, 6 and 6A never existed before. Moreover the Ordinance No. 1 of 1964 died natural death by an efflux of time and the exchange proceeding case No. 35 of 1969-70 having been st..

Category: Property Law | Date: | Hits: 43

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Secretary, Ministry of Education and others…………………Appellants Vs. Mowl...... its continuation. 9. Careful examination of the relevant law and the fact obtaining in the case shows that the Ministry of Education acted con­trary to law and against the principles of natural justice  inasmuch as the order impugned in the writ petition canceling the recognitio..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) ......n time and prior to any default in the pay­ment of two successive installments, as per the privileges allowed, filed the suit, which, therefore, is improper as well as against the principle of natural justice and bad in the eye of law. 6. Considering the fact and circumstances of the ..

Category: Civil Law | Date: | Hits: 136

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......7 BLT (AD) (2009) 228. ......land in favour of his grand sons by way of gift in presence of his two sons and two daughters by depriving them and there is reason to conceal such execution of deeds of gift to his wife and it is natural that in any case of such sort of gift the other members of the family should be aware. More..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......llate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Joynul Karim & others……………..Petitioners Vs. The State and another……………….Respondents Judgment March 22, 2009. Result: The petition ......red cheque in reference, having been made party in the proceeding, the proceeding cannot be said to be bad for defect of party inasmuch as the punishment, if any on proof, is to be inflicted upon the natural persons involved in the offence committed. The High Court Division appeared to have also dis..

Category: Criminal Law | Date: | Hits: 163

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......) 190, VIII ADC (2011) 307.......ded not to proceed against her under Section 5(3) of the Service Sangbidhi-8 and terminated her service under Section 101 of Service Sangbidhi-6, and as such there is no violation of the principle of natural justice. The learned Counsel next submits that the High Court Division erred in construing t..

Category: Employment/Service Law | Date: | Hits: 118