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....ion by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notice to show cause agains......s, clerks, agents and servants, for permanent or temporary service in Bangladesh.
(x) To grant by resolution power of attorney for and on behalf of the Board of Governors to execute and register documents.
(xi) To enter into contracts binding on the Society and to authorize any officer or ..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....tal injury on the abdomen of Sohel. In consideration of the evidence that appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……&helli......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......pon the basis of the evidence before it, it could be said that the charge against the appellant was established. Much comment was made upon the nonavailability of the witnesses and the documents during the hearing of this appeal which will be noticed in due course but it appears that ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying all principles of justice. The learned Assistant Sessions Judge deemed to be Additional Sessions Judge set aside ......rdinance No.LX of 1982 runs as follows: "241A. When the accused appears or is brought before the Magistrate, and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate ..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....ase of gruesome murder but because of the time limit for trial the alleged offenders had been able to escape the trial and, therefore, this Court should direct trial of the accused in the interest of justice or at least make some observation as to the necessity of making further amendment in th......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
.... fully understood the nature of such disposition, I am inclined to hold that the learned District Judge, Naogaon did not commit any error of law resulting in erroneous decision occasioning failure of justice and as such the impugned order passed by the learned District Judge in the aforesaid Title A......only in such circumstances the transferee will carry additional burden to prove that pardanashin lady had independent and disinterested advice from the person other than the recipient of the impugned document is view received support in the case of Siddique Ahmed Chowdhury and other Vs. Gani Ahmed a..
Category: Evidence Law | Date: | Hits: 7
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....e there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the ends of justice. 5. Mr. S. M. Huq, the learned Advocate appearing on behalf of the complainant opposite...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may, revise such decree or order and, make such order in the suit o......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......Civil Procedure unless it can be shown that the finding is based on gross mis-reading or non-consideration of evidence or founded on misconception or misapplication of law or misinterpretation of any document or otherwise it is perverse. 10. For the discussion made above I am of the view that the..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... which violates any provision of law. 27. While this Court appreciated the argument that a public body while passing and order touching the interest of the citizen must follow the rules of natural justice and its relevant duty to act fairly and with reasonableness as enunciated not only by the co......prejudice to the generality of the foregoing provision, the Director may— (a) Require any such trade organization or any competent person connected therewith to furnish him with any information, documents and returns relating to the affairs of such trade organization or to answer any query with..Category: Business or Commercial Law | Date: | Hits: 72
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
.... assessing the evidence and that the impugned Judgment is illegal and unwarranted by facts and circumstances of the case and, as such, the impugned Judgment is liable to be quashed for secure ends of justice. 12. Mrs. Rona Naharin, the learned Assistant Attorney-General for the State, on the othe......Khan with Das Japan Kumar, the learned Advocate for the petitioner took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents and submits that the convict-petitioner is totally innocent and he has not committed the c..Category: Criminal Law | Date: | Hits: 36
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....ose the case after notifying all the parties preferably within 3 (three) months from the date of receipt of this Judgment and order of this Court. 30. Considering the submissions, we feel that the justice will be met if we direct the Court of Settlement to dispose of the case after notifying all ......t V of 1908), in respect of the following matters, namely:- (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy th..Category: Procedural Law | Date: | Hits: 24
....of environment and ecology through its various sincere and devoted endeavors. It has protected public interest against environmental anarchies and significantly contributed to promoting environmental justice through a serious of persistent and well-designed activities. Since its inception, BELA has ...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....e suit property who has right, title and interest in the suit property but both the Courts below wrongly found that the existence of Bilkis Khatun could not be proved which resulted in the failure of justice. Mr. M. A. Quayum, the learned Senior Advocate further submits that both the Courts below fa......e missing, it disentitles the applicant to get a favourable order. ……………..(10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may m..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....under Sessions Jurisdiction of District, Comilla and as such the Sessions case No.315 of 2004 should be transferred from the Sessions Judge, Comilla to Sessions Judge, Brahmanbaria in the interest of justice otherwise the accused petitioners will be seriously prejudiced. 3. Mr. Harun-or-Rashid, t......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....was made against the accused petitioners in the FIR but the allegations made in the charge sheet is preposterous which is nothing but an abuse of the process of the Court and for securing the ends of justice the proceedings in G.R. No.697 of 2000 is liable to be quashed. He submits that the statemen......rt of Magistrate. These two Sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two Sections have nothing to do with quashing of a procee..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
.... 302/34 of the Penal Code while awarded death sentence to the appellant Moinuddin. In these circumstances, we think sentence of imprisonment for life instead of death sentence will meet the ends of justice. 45. In the result, the Death Reference No.56 of 2003 under section 374 of the Code of Cr......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....ound that the resolution dated 14-6-1997 does not show that the plaintiff was given an opportunity of self-defence and that the order of removal of the plaintiff is against the principle of natural justice. Trial Court relied on the decision in the case of Rafiqul Alam Vs. Secretary, Ministry of W......aintiff filed the suit only to harass him and, as such, the suit is liable to be dismissed. 4. Trial Court framed 4 issues for decision. 5. Plaintiff examined himself as P.W.1 and produced some document marked Exhibit "A" series in support of his case while the defendant examined 3 D.Ws. and p..Category: Employment/Service Law | Date: | Hits: 29
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