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Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......on proceeding is obvious since he raised no objection with regard to it at any stage of the case………………..(13) Reading article 3 in the First Schedule and section 28 of the Arbitration Act together it would appear that the parties are free to enlarge...... (4) The Arbitrator passed the award on the basis of departmental recommendation and did not take any evidence. (5) The award was passed in violation of the principle of natural justice." 5. Appellant contested the suit claiming that the aw..Category: Civil Law | Date: | Hits: 111
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....k those thumb impressions on the will and put his signature below each of these thumb impressions. P.W. 1 is of course, a person interested in the will; but P. Ws. 2, 3 and 4 are found to be quite disinterested persons. There is no suggestion that they had any motive to depose falsely in support...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ...... duly proved on fulfilling the requirements of section 63 of the Succession Act, cancelled the probate and dismissed the suit. The High Court Division further observed that in view of some "unnatural, unfair and inhuman aspect of the matter" in which the widow and a grand son of the te..Category: Property Law | Date: | Hits: 118
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....us complaint had been passed on misunderstanding of the scope and extent of enquiry under sec. 202 Cr.P.C. In this case the police submitted Final report on the ground that they did not find "any disinterested witnesses" to connect the accused with the incident resulting in the death of a person...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....lding the conviction and sentence of the appellant on the basis of the evidence of only one eye‑witness PW 2 Rowshan Ara @ Mina which was not corroborated and substantiated by any independent disinterested witness, that the High Court Division did not give sufficient importance to the, evi...... Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No......pted at all. Further, we have already indicated above that PW 2 in the facts and circumstances of the case being present inside the room where Dilara was murdered to death was the most probable and natural witness. As according to the prosecution, both the sisters were reading together inside th..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ions Judge. Ed. ......efore, bleeding from the female organ, and was under the treatment of late Alhaj Dr. Sultan Ahmed MBBS, that she was admitted into the hospital on account of such bleeding and ultimately she died a natural death there and that the allegation of the prosecution was false. 8. Pr..Category: Criminal Law | Date: | Hits: 51
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....gap as mentioned by the medical officer, is also was seen last in the company of accused Khasru at sunset dine. (x) In this case, all the witnesses adduced by the prosecution are independent and disinterested witnesses. As a matter of fact no enmity could be, suggested to any of the material wi...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ......ul was lying. It cannot be said, therefore, that there was any delay in lodging the FIR. PWs 4-7 and 9 had no particular reason to depose falsely against the respondents. Their evidence appears to be natural and truthful. All the aforesaid witnesses, in my opinion, have satisfactorily proved that th..Category: Criminal Law | Date: | Hits: 38
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen...... to be a case of murder. (2) When the defence case, is that, wife committed suicide and that the respondent was away from his home for two days prior to the date of occurrence the husband naturally would have been present either in the morning or at the time of inquest or at the Janaza...Category: Criminal Law | Date: | Hits: 49
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....ly the relations of the Informant who are witnesses about the incident, which according to him, took place at broad day light. When the incident took place on a public road near the shop of owe Mohan disinterested witnesses could have been examined. 9. On careful examination of the record of depo......eal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circ......ng the defence that Majid who had ill-reputation was assaulted and left wounded by unknown persons somewhere and died in mysterious circumstances and that is why on his death in the hospital an Unnatural Death Case was recorded by the police, but they were falsely implicated out of grudge and en..Category: Criminal Law | Date: | Hits: 53
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear kno......ds the appellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed in passing the order by the government and there is no violation of principle of natural justice and no question of estoppel. Hence the appeal is dismissed……………..……(10..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ...... DLR (AD) (1988) 262 ......that writ jurisdiction of the High Court Division was not available to the petitioners for establishing their contractual right based on licence, the terms of which had excluded the principles of natural justice. 6. At the time of the hearing of these appeals the learned counsel for the appel..Category: Others | Date: | Hits: 103
....B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
...... of Dhaka Vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722) which have consistently taken the view that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting "t..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......entitled to notices before supersession. Finally it was observed: "In this view of the matter as no notice was served upon the elected Commissioners it is clear violation of the principle of natural justice, as such it is not in accordance with law and it is passed without any lawful au..Category: Election Law | Date: | Hits: 118
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....n that point nor the same made the prosecution case doubtful, on the fact that the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is ......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A......y has taken whole clause viz. the principal clause of sub-article (1) to for explanation. Giving its grammatical meaning, we find that 'abandoned property' will be that property whose owner, either natural or artificial person like corporation, is not present in Bangladesh. That is the first pre..Category: Immigration and Citizenship Law | Date: | Hits: 214
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
.... filed by the present appellant and afterwards penned through. The trial court held that defendant No. 10 and Hasur Bap were in the camp of defendant No. 2. The court of appeal below observed that no disinterested witness came forward to prove possession of the defendant and held that the defendants......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………...... with such notice on 28.3.85. The learned Counsel contended that the impugned order modifying the order of de-requisition was illegal, inasmuch as the same was issued in violation of the principle of natural justice. 7. The learned Counsel placed before the court the notice in "Form umo”. This ..Category: Property Law | Date: | Hits: 49
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....going to the Police Station which is six miles away went to the Magistrate's Court 28 miles away; (3) Interested persons, such as members of Khijir's family have deposed in this case, but no disinterested persons of the locality have been examined; (4) Dead bodies were-not recovered ......hmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents Judgment Ma......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... had left for Sreemongal in the company of the two accused a little before sunset. Again, that they were together in Sreemongal at about 7-30 P.M. has been testified to by P.W. 9, Profulla Das, a disinterested witness, who is a co-villager of the parties having a shop at Sreemongal Bazar. P.W. 2......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......cumstances negative his claim of accidental presence at the scene of the crime and consequently the exculpatory part of his statement is liable to be rejected as utter falsehood. This conclusion is natural and inevitable and is not the result of any inference or conjecture. 60. The trial Cour..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur......m under certain condition and the authority in doing so performs the function of the affairs of the republic. When such authority oversteps or commits breach of rule or even in breach of principle of natural justice certainly such lapses and breaches can be challenged by Invoking the extra-ordinary ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... Receipt or acknowledgment from the Company? His claim that he has executed the Receipt without receiving money has been sought to be corroborated, again by P.Ws. 2 and 3. These witnesses are not disinterested, as they are former students of Shibpur Engineering College, along with defendant No. ......ed in: 39 DLR (AD) (1987) 78. ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
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