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Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......253. ......;ণ ধ্বংসাবিশেষ ইমারত।“ 13. If an owner of agricultural land being affected in natural calamities or being unable to maintain one's livelihood sells any property, (কৃ..Category: Procedural Law | Date: | Hits: 75
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....on 374 Cr.P.C. and the condemned prisoner also filed an appeal being Appeal No. 37 of 1977. 4. The High Court on a review of the evidence held that the P.Ws. 2, 3, 4 and 6 cannot be described as disinterested eye witnesses to the occurrence inasmuch as "the admitted position is that P.Ws. 1,2,3......s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail........................... inquiry against the respondent and that subsequent addition of the ground of 'misconduct' by a belated amendment on 18-2-86 in the removal order had been done in violation of the principle of natural justice. The learned Single Judge of the High Court Division by the impugned judgment held..Category: Employment/Service Law | Date: | Hits: 69
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah...... considerations, namely, whether the enquiry was held by an authority competent to do so, whether the procedure of enquiry provided by the Rules in force has been followed, whether the principle of natural justice has been adhered to and whether the delinquent employee has been removed by an auth..Category: Employment/Service Law | Date: | Hits: 69
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... (M. Faisal H. Khan, A.A.G. with him) instructed by B. Hossain, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 63 & 64 of 2003 (From the Judgment and Order dated 17.12.2002 passed by the High Court Division in Death Reference No. 5 of 2000 hear......nce, the same cannot be accepted as corroborative evidence of the approver witness (P.W. 20). As P.Ws. 17 and 19 gave contradictory evidence regarding place and manner of occurrence, the natural presumption is they did not see the occurrence. 18. Now there remains only the evide..Category: Criminal Law | Date: | Hits: 45
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......r articles dropped there from, thefts or attempts thereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone, volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer allege that by rea..Category: Civil Law | Date: | Hits: 138
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......san J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Re......lease in favour of Abul Hashem Khan was illegal in that no notice was given for cancellation as stipulated in the lease. In the absence of such notice the cancellation was illegal as being against natural justice. The relevant portion of the lease agreement dated 20.3.67 between the Government a..Category: Property Law | Date: | Hits: 30
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol......nd 31 of the Constitution and as such Labour Court has correctly held that the findings of the Enquiry officer was bad in law, that the way enquiry was held the same offended the principle of natural justice, that Writ-Petitioner has failed to prove that the Respondent No.2 was not a worker..Category: Labour and Industrial Law | Date: | Hits: 79
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......ttorney General-For the Respondent. Jail Petition No. 07 of 2007. Judgment Md. Hassan Ameen J.- The condemned-prisoner seeks leave to appeal by filing petition from jail against the judgment and order dated 14-03-2005 of a Division Bench of the High Court Division accepting the Death Refere......legedly caught at the place of occurrence. 12. We have heard the learned Advocate for the petitioner and perused the materials available in record, the prosecution found to have proved its case by natural witnesses including the persons, who caught him at the place of occurrence including the per..Category: Criminal Law | Date: | Hits: 47
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......55. ......nd on body dared to utter a single word against the sovereignty of Pakistan regarding this part of the country and thus having put in such a dangerous and peculiar situation, it is quite natural for the respondent No. 1 to write/ send some untrue letters/telegrams, i.e. Annexures-Kha, ..Category: Administrative Law | Date: | Hits: 103
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....y held that the plaintiffs are in possession of the suit land. Both the trial court and the appellate court further held that the witnesses examined by the plaintiffs to prove their possession are disinterested witnesses, whereas the witnesses examined by defendants to prove their possessio......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both ......hy;vant procedure of Service Rules, 1982 were followed and the enquiry officers, after giving all opportunities as provided in Service rules, 1982 and also complying the provisions of natural justice, found that the charge against the petitioners have been proved and thereafte..Category: Employment/Service Law | Date: | Hits: 89
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......ioner Vs. The State.....................Respondents Judgment October 30, 2003. Cases Referred to- 15 BLD (AD) 54; 29 DLR (SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. ......d about 200 yards away from the house of the petitioner. The informant then went to the police station accompanying the maternal uncle of victim and informed about death of his daughter whereupon unnatural Death Case No.13 of 1998 dated 23.4.1998 was initiated. In the meantime the local people, b..Category: Criminal Law | Date: | Hits: 36
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......4) 290. ...... 4. The High Court Division made the Rule absolute declaring the impugned order dated 24.11.1993. Annexure-E void and without lawful authority because of violation of the principle of natural Justice as well as equality clause of the Constitution because in view of the order dated 8..Category: Employment/Service Law | Date: | Hits: 82
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Commissioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ......ion war and A.P. case Nos. 6 of 1977 very much relates to the suit property and no further evidence is needed in this regard. If Nasima and Farhana did not leave Bangladesh during liberation, in a natural course of human conduct, certainly they or their successors in interest, would have challen..Category: Property Law | Date: | Hits: 29
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Saiful Islam..........................Appellant Vs. Md. Abdur Rahim and other........Respondents Judgment May 24, 2004. Lawyers Involved: ......rishad from his jurisdiction and that the area where in he was acting as Nikah Registrar was curtailed without giving any notice upon him and thus there has been violation of the principle of natural justice. 4. The Rule was opposed by writ Respondent No.3 (appellant) by filing affid..Category: Civil Law | Date: | Hits: 95
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......o Reported in: 1 ADC (2004) 109. ...... 3. The respective writ petitioners challenged legality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of t..Category: Property Law | Date: | Hits: 27
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal......cie minor we are of the view that the detenu not being an accused has been illegally and or improperly defended in judicial custody and she should be put to the custody of father who is her legal and natural guardian. 12. As to the second point regarding maintainability under section 491 of the..Category: Criminal Law | Date: | Hits: 34
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......resent: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers......, that petitioner was never heard in the matter personally prior to seizures of his licensed arms and as such the seizure of the arms was not only arbitrary but also volatile of the principles of natural justice, that at no stage petitioner was informed in any manner the cause of seizur..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Shahabuddin Chisti …........Appellant Vs. Rajdhani Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- ......intiff and had never been part of lake; that the defendant approved the plan in due course but subsequently, without giving any notice withdraw the same which is violative of the principle of natural justice; that as the suit land not being the part of the lake the order passed in Writ Peti..Category: Property Law | Date: | Hits: 40
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