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Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......ces on the ground that his services are no longer required. This order of termination of service has been challenged, this time also, on the same ground of malafide and violation of the principles of natural justice. Respondent No. 1, the Corporation entered appearance by filing an affidavit in oppo..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......e is also Reported in: 31 DLR (AD) (1979) 33. ......erned of being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to defend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open to a domestic Tribunal enquiring into the conduct of an..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......nd Yaruddin Fakir and before he could be given any medical attention, he died at about 3 A.M. 8. On the same day i.e., 10-8-67, Habibur Rahman P.W. 4 gave an information to the Thana about the unnatural death of Maijuddin which prompted the police to visit the place of occurrence, hold inquest ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......bsp; ......s an order of attachment of the subject of the dispute. It is opined that difficulties arise when the proviso is read with other provisions of section 145 Cr.P.C. and subject to the principle of natural Justice and finally expressed the opinion in the paragraph which is quoted below: &ldqu..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......bsp; ......s an order of attachment of the subject of the dispute. It is opined that difficulties arise when the proviso is read with other provisions of section 145 Cr.P.C. and subject to the principle of natural Justice and finally expressed the opinion in the paragraph which is quoted below: &ldqu..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civi......nted by Regulation 12(ii). In the context of the Regulations Dr. Husain submitted that the services of the appellants were lawfully terminated and there was no violation of the principle of natural justice. 9. Bangladesh Bank (Staff) Regulations have been framed to define the conditio..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell...... fair play. Yes, if the petitioner had been charged with the commission of a minor offence but was punished for a major offence, the impugned order will be contrary to law as well as the principle of natural justice. But on perusal of the affidavit in opposition along with the clarification of the R..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Abdul Aziz................................Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. ......lot papers was 6605 but according to the Tribunal It was 6608 i.e. 3 ballot papers having been found in excess. Mr. Ahmed has contended that since these three ballot papers were not accounted for the natural presumption would be that these ballot papers were inserted into the sealed packets after th..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner ......ondents has failed to show from his affidavit-in-opposition or from his file whether any notice in this regard had at all been served on the petitioner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and compliance of thi..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru......etitioner's case is centered on the question of re-instatement, and the peripheral ground that the impugned order is violative of Article 135 of the Constitution and of the principle of natural justice, though taken in the petition, have not been seriously urged before us. We do not th..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban......he report was and when and how it was made by the Police. As he was not given any opportunity to show cause to prove his innocence the impugned order terminating his service violated the principle of natural justice and was liable to be declared to be void.
3. The defendants contested the suit ..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......Appellate Division to consider the question (a) whether the application under section 115 of the Code of Civil Procedure made by Abu Zafar, Respondent No.1 as minor, represented by his mother as natural guardian, was maintainable in view of the fact that the appeal in which the impugned order w..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No......se papers to the plaintiff who required them to get revoked the cancellation of the lease by Defdt. No.2. Moreover, when the plaintiff was holding a Power of Attorney from the defdt. No.1 it is quite natural that he would require these papers. He himself called for some of these papers under his let..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....argadars. He states that defendants 1 and 4 have been in possession of the suit land for the last 4/5 years and the plaintiff or his brothers or his father never possessed the suit land. He is a disinterested and clearly a man of the locality and I see no reason to disbelieve his version."......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......ioned as an illustration to the provision of section 114, under which the Court may presume the existence of any fact which he thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business in their relation to the facts of a pa..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......ion by the Corporation against the employee does not suffer from any infirmity
An employer has the power to suspend temporarily an employee when the employee's conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power ......ion does not disclose any valid ground. Besides, the petitioner was not served with a show cause notice before the making of the impugned order of suspension and this is violative of the Principle of natural justice. The impugned order was also passed mala fide at the instance of some interested per..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati...... on the events as they stood on 28-2-72. 18. An explanation has been appended regarding any person who is not present in Bangladesh. The explanation clarities by saying that person includes both natural and juristic person. 19. Turning to the second question, we find that the construction ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......e property; (f) taxes on sales and purchases; (g) terminal taxes on goods or passengers carried by sea or air, and taxes on their fares and freights; and (h) taxes on mineral oil, natural gas and mineral for use in the general ion of nuclear energy; and (i) taxes and duties ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ......t permanent. The meaning is to be looked at bearing the war measure in view. Moreover, the rule has not qualified the word with any such word. To give the word its most natural meaning in the context set out, we find living or residing on own volition or free will b..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….............its very nature quasi-judicial and not administrative. Since no such opportunity was given to the petitioner before the impugned order was made it is vitiated due to the violation of the principle of natural justice.
7. Before we part with the submissions made by the learned Advocate for the pe..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka...... contract has been broken, the party who, suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties know, when the..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
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