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Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......also Reported in: 64 DLR (HCD) (2012) 406. ......way without giving them any opportunity of being beard. Such cancellation of the appointments of theÂse petitioners has been made most arbitrarily and mala fide and in violation of the principles of natural justice. In support of his submissions Mr. Aminuddin relied on the decision in the case of G..Category: Employment/Service Law | Date: | Hits: 148
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th......ngladesh Secretariat, Secretariat Building, Ramna, Dhaka & others………………………………Respondent
Judgment
July 9, 2008.
Result:
The rule is discharged.
Principle of natural justice
The principles of natural justice that no person be conÂdemned unheard 'Audi Al..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......ecords immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......d as such, the plaintiff is not bound by such recording allegedly made in the name of the alleged deities, but such aspect of the case was not considered by the Trial Court. He submitted further that natural corollary is that admittedly the plaintiff is the only heir of Ramoni Mohan and after the de..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......gh Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: Th......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......¦â€¦â€¦â€¦â€¦â€¦Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which inclu......tained by the plaintiffs-Plaintiffs have alleged that these tanks are not part of the bazar for they have been excavated long before the creation of the bazar in 1934. Undoubtedly these tanks are not natural formation and these have been excavated and the owners had been using the tanks for rearÂin..Category: Property Law | Date: | Hits: 74
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May ......is duty, or to suspend or dismiss any person it is required to issue a show cause notice. Without issuance of any show cause notice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7..Category: Employment/Service Law | Date: | Hits: 100
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....nviction and sentence; that the evidence on record do not warrant any order of conviction and sentence against the appellants under sections 302/34 of the Penal Code; that none of the independent and disinterested witnesses has been examined and there is no explanation from the side of the prosecuti......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....l appearing for the appellants submits that the proseÂcution failed to prove the charge levelled against the convict appellants beyond reasonable doubt. He furÂther submits that the independent and disinterested witnesses particularly, the seizure list witnesses did not support the prosecution sto......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......wshan Bijaya Shaukat Ali Khan, reported in 18 DLR (SC) 214 it has been held that; "It is one of the Cardinal Principles of interpretation of statues that words found in a statute must be given its natural meaning unless it has an accused technical meaning of its own." 31. In the case of Md. Is..Category: Criminal Law | Date: | Hits: 84
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......al Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment July 21, 2003. Result: ......ith Mr. Md. Jalaluddin Assistant Attorney-General and Mr. Abdul Baset, Assistant Attorney-General while supporting the reference submit that all the 4 eye‑witnesses, namely, P.Ws.3, 4, 5 and 9, are natural and reliable witnesses and the defence has not been able to shake their evidence or discredi..Category: Criminal Law | Date: | Hits: 110
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... 6; 61 DLR (HCD) (2009) 744 ......he Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natural justice, (ii) why the orders of suspension dated 25.10.2008 passed by the Syndicate should n..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n...... Golam Mohiuddin, the learned Advocate appearing for the State, submitted that in fact occurrence took place in the manner alleged by the prosecution that all P.Ws. although related to the victim are natural and truthful witnesses and in view of the circumstances then obÂtained at the scene of occu..Category: Criminal Law | Date: | Hits: 118
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......ted in: 55 DLR (HCD) (2003) 643. ......ell as statutory obligation for examination of the material question how the mind of the detaining authority worked in making orders of detention………………………..(27) The principles of natural justice are not applicable in the case of preventive detention. The detaining authority is n..Category: Criminal Law | Date: | Hits: 114
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ....... Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the exist......even in absence of any provision of law requiring publication of the order of the trial Court directing the accused to appear before him on the date of trial specified in the notice, the principle of natural justice also requires that the accused must be given a chance that he is facing a trial and ..Category: Criminal Law | Date: | Hits: 110
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD......a had left their house talking with Zakaria Kabiraj, Zakaria Kabiraj declined to take supper as he has been reportedly suffering from dysentery, Zakaria Kabiraj had gone to the guava garden to attend natural calls though her mother-in-law requested him not to go there, but the accused did not pay he..Category: Criminal Law | Date: | Hits: 147
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ....... This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ution witnesses. He further canvassed that the P.Ws.1-8 are the most interested and parÂtisan witnesses. Having regard to the fact that the prosecution failed to examine even a sinÂgle independent, natural and competent witÂnesses to prove the case and as such relying on such evidence conviction ..Category: Criminal Law | Date: | Hits: 78
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......preme Court High Court Division (Death Reference) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State................................Petitioner Vs. Rois Khan and another……………………Condemned prisoners Judgment July 12, 2009. Result: ......tics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General, on the other hand, submits that, through independent natural and neutral witnesses prosecution proved that huge narÂcotics were brought into Bangladesh ..Category: Criminal Law | Date: | Hits: 112
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......s also Reported in:49 DLR (HCD) (1997) 498. ...... their livelihood. Since right to trade is a fundamental right and since no show cause notice was given before cancellation of the Export Registration Certificate, it is violative of the principle of natural justice. From the impugned order, Annexure‑A, itself and some other papers as well as from..Category: Civil Law | Date: | Hits: 140
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ...... Shaukat Ali ..................Petitioner [In Writ Petition No. 305 of 1987] Abdul Matin ...................Petitioner [In Writ Petition No. 306 of 1987] Vs. Chairman, Labour Court, Khulna and others ................Respondents Judgment March 1, 1992. Result: The rules are dis......itness in his presence. He further alleged that he was coerced to sign on 17/18 blank sheets and therefore the enquiry was perfunctory. He was also not given any opportunity of defence and was denied natural justice. The Labour Court after considering the facts and circumstances of the case and evid..Category: Labour and Industrial Law | Date: | Hits: 182
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..........Respondent Monir Hossain @ Tutul....................................Appellant Vs. The State.....................................................Respondent Judgment May 8, 9, 10, 11 and 12, 2011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeal......) and victim Rony, were proceeding towards Jatrabari when accused Tutul, Golzar with 3/4 others caught hold of them. Then they were being taken towards road No.4 of Bibir Bagicha when, on the plea of natural call, he managed to escape from their clutches and she (P.W.6) forthwith informed this fact ..Category: Criminal Law | Date: | Hits: 98
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......is also Reported in:
......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Constitutional Law | Date: | Hits: 237
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