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.... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
......riginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Ali Akbar (Md.).....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and others................. Respondents
Judgment
August 5, 1996.
Result:
The Rule is......t No.1448 and by mistake area was recorded as.38 acres though actually area was 65.38 acres. Respondent No.2 further found that the fishery in question was not excavated by the petitioner but it is a natural fishery. So he held that the petitioner has no right to hold the said fishery under the prov..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ...... Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is mad...... health." 20. Though the aforesaid provision cannot be enforced by the court it can be seen for interpreting the meaning of right of life under Articles 31 and 32 of the Constitution. A man has natural right to the enjoyment of healthy life and a longevity up to normal expectation of life of a..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ......g the age of a girl child who is growing up. In some cases physical development may take place which may be regarded as precocious while in some other cases there may not be as much development as is natural with the passage of time……………………………….(15) Lawyers Involved: SK..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- Md. S...... 39 (2) of the Sea Customs Act, 1878. It has been held therein that declaring a consignee a defaulter with penal consequences without giving him an opportunity of being heard offends the principle of natural justice. We have examined the language used in the two enactments and, according to us, the ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......resent: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Case No. 464 of 1994) Dr......xpressing their views, the Government ought to have issued show cause notice before passing the order of forfeiture and since no prior show cause notice was issued, this has violated the principle of natural justice. The learned Deputy attorney-General, on the other hand, submits that in a case like..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....e burning in the dwelling hut or carried by P.W.1 is nothing but a concoction. Mr. Khondker Mahbub Hossain has further submitted that the prosecution case has not received corroborative evidence from disinterested witnesses as having seen two hurricanes or even one hurricane burning in the dwelling ......lso Reported in:49 DLR (HCD) (1997) 577. ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ning the victim girl in the hut of the appellant Zakir, obtaining her signature in the Nikahnama under duress and recovering her from such confinement has not been corroborated by any independent and disinterested witness though both P.Ws. 3 and 5 admitted in cross-examination that many persons of t......ecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of ......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......rim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The R......d in the Evidence Act; but that Act has no application to enquiries conducted by tribunals, even though they may be judicial in character. The law requires that such tribunals should observe rules of natural justice in the conduct of the enquiry, and if they do so, their decision is not liable to be..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......d in: 46 DLR (HCD) (1994) 90.
...... and this probate case was registered as Probate Suit No. 20 of 1972, renumbered as Probate Suit No. 6 of 1973.
4. The objectors in this Letters of Administration Suit and Probate Suit are three natural brothers of Nirmal Kumar Chowdhury, who was subsequently adopted under the name of Sudhir Ch..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......: Habibur Rahman Khan J Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad......t of the Enquiry Officer. 7. Relying on the decision cited above we also hold that, whether or not rules or regulations provide for a copy of the report to be given to the employee, the rules of natural justice requires that along with the second show cause notice the petitioner should have bee..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... no reason to believe that the date of birth of the victim girl has been misrepresented as early as that for the purpose of this case. Similarly, the school certificate is given by the head master, a disinterested person, and there is no reason why should it not be relied upon for fixing the age of ......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......urisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is mad......lled before the said provision came into being and that in order to practise in the Supreme Court no membership of the Bar Association is necessary. He also submitted that the elementary principle of natural justice was not observed in the case as the petitioner was not given any opportunity of bein..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......: 46 DLR (HCD) (1994) 399 ......t. Surinder Kaur Sandhu reported in AIR 1984 (SC) 1224 wherein the Supreme Court of India held thus: "Section 6 of the Hindu Minority and Guardianship Act 1956 constitutes the father as the natural guardian of a minor son. But that provision cannot supersede the paramount consideration as ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S......above which were antemortem and homicidal. He has not opined that the death was due to any kind of abortion, rather it seems that in view of the serious injuries caused on the deceased abortion was a natural consequence. 17. The learned Advocate appearing on behalf of the absconding accused fur..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......so Reported in: 46 DLR (HCD) (1994) 46.
......ernment service but the impugned order has deprived them of their legal right.
8. The petitioners have claimed that the impugned order has been passed against the rules and principles of law and natural justice, allowing the juniors of the petitioners to supersede them. They also claimed that t..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ...... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......vour of the petitioner and as such the cancellation of the lease without serving a show cause notice on the petitioner and without affording him any chance of being heard is against the principles of natural justice. It has been further argued that the petitioner bona fide believed that he was grant..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......bsp; Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H......ime or place. In other cases, it may be the right course to emphasis the factor of time and place and pay little regard to the community of purpose or design. Thus while a transaction, which is not a natural event but generated by voluntary human agency, is taking its intended course, its progress m..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......ellip;……………………Petitioner
[In Writ Petition No. 2342 of 1991]
Vs.
Bangladesh represented by the Secretary, Ministry of Industries and
others…………………….Respondents [In all ......he petitioner Bangladesh Electrical Association is not maintainable. But petitioner in petition No. 2341 of 1991 being a juristic person and petitioner in petition No. 2342 of 1991 being in essence a natural person though wrongly described can maintain their respective petitions being persons aggrie..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is......t of Bangladesh), heard along with Civil Appeal Nos. 1 and 4 of 1991, wherein it has been held:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, o..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......Co‑operative Society Ltd. represented by Majharul
Islam……………………………….Petitioner
Vs.
Bangladesh and others…………………………Respondent......ip;…Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
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