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Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ...... Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 2007. Resul...... assign any reason whatsoever for cancellation of the MPO. Before cancellation of the MPO, the respondent did not serve any notice upon .the petitioner for showing cause. Therefore, the principles of natural justice were violated in the instant case. The respondents did not withdraw the cancellation..Category: Others | Date: | Hits: 112
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......ginal Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Anwar Hossain (Md.)…………………….Petitioner
Vs.
Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is d......at in the statues. The learned Counsel in this regard also stressed on the principle of legitimate expectation of a citizen and lastly, he invoked the principles of Audi Alterum Partem that is to say natural justice in matter of fixing the financial burden of the petitioner. The learned Counsel plac..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The......ed to prolong mental sufferings of the petitioner. Such conduct of the Respondents tantamounts to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquiry ..Category: Employment/Service Law | Date: | Hits: 165
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....sed and their evidence are without any corroboration from an independent source which cannot be the basis for conviction of the accused appellants. Mr. Khan deplores that not a single independent and disinterested witness has been examined by the prosecution in support of the prosecution case. The v......7. .......W.18 Asia Khatun recognised Raisuddin, Amanullah, Morshed, Pachu, Mafiz, Ramiz, Manik, Shahid and Samar. P.Ws.2‑6 and 19 are the eyewitnesses of the occurrence hence and in my opinion, they tire natural and competent witnesses and I want to rely upon them." and hence the learned Judge found ..Category: Criminal Law | Date: | Hits: 104
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The......stated that the functions and powers of the ACC contemplated by sections 19 and 22 of the Act are quasi-judicial in nature. 7. It has further been asserted that the ACC shall be an independent and natural commission. Under the provisions of section 7, a selection committee of five members constit..Category: Constitutional Law | Date: | Hits: 228
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Warish Uddin Chowdhury................Writ-Petitioner Vs. Bangladesh and others………………..............Respondents Judgment May 25, 2008. Result: Th......and Forest to benefit certain officials of the department of respondent No.3. The provisions of Saw Mills License Rules, 1998 is repressive, unfair, unreasonable and in violation of the principles of natural justice and in beach of fundamental rights of a citizen as enshrined in the Constitution. Th..Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH......ther give any notice to the petitioner nor was the petitioner given any opportunity of being heard before issuance of the impugned order of termination which was a gross violation of the principle of natural justice. Hence the impugned order was liable to be declared to have been passed without lawf..Category: Employment/Service Law | Date: | Hits: 156
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ...... 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involve......nd I myself was a party in that decision sitting in a Division Bench. In that case it has been held as follows: "it is clear that civil Court may interfere when there is violation of principles of natural justice and the decision of Domestic Tribunal or the Executive Committee is actuated by bias..Category: Civil Law | Date: | Hits: 110
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
....told the truth. An injured witness is not expected to shield the real assailant and to name another person in the company of his assailant. Furthermore, P.W.2 is corroborated by P.Ws.9 and 10 who are disinterested and reliable witnesses. Thus we find that accused Badal committed an offence punishabl......ase is also Reported in: 48 DLR (HCD) (1996) 489. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ..Category: Criminal Law | Date: | Hits: 81
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. .....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a......phatically submitted that the impugned order of expulsion from the Medical College for ever is illegal, mala fide and has been made without lawful authority in flagrant violation of the principle of natural justice, as before making such an order no notice to show cause was saved on the delinquent..Category: Others | Date: | Hits: 168
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petition, in short, is that the pet......tainable. Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation of principle of natural justice and also flouts the provision of Article 40 of the Constitution by which right to tr..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......is Case is also Reported in: 16 BLC (HCD) (2011) 37.......বিকা নিয়োগ সহ বিক্রির অনুমতির কোন সনদ নাই।” 21. Section 6 of The Hindu Minority and Guardianship Act, 1956 provides that the natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the mi..Category: Property Law | Date: | Hits: 147
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
.... Penal Code and not under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983. The learned Advocate for the appellant further submits that the P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but the learned Speci......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D......rney‑General, on the other hand has submitted that mere relationship cannot be a ground for discarding evidences of the said witnesses. He has further submitted that P.Ws.2, 3, 4 and 5 are the most natural witnesses and they have proved the claim of dowry by the accused from the victim Shily and h..Category: Criminal Law | Date: | Hits: 135
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......Case is also Reported in: 48 DLR (HCD) (1996) 472. ......cated vide Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of permanent injunction restraining the defendant..Category: Employment/Service Law | Date: | Hits: 166
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... representation that he would go with it to Brahmanbaria to witness a cinema show. P.W.5, who is the boatman of engine boat which belonged to one Nasir, cannot be considered as an accomplice. He is a disinterested witness and there is absolutely no reason to look upon his evidence with suspicion. ...... ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
...... in: 39 DLR (HCD) (1987) 145.
......sted right to be appointed in the Board of Trustees of the DIT under section 4.
13. It is one of the cardinal principle of Interpretation of Statutes that word found in a Statute must be given its natural meaning unless it has an accepted technical meaning of its own and that no word should be ad..
Category: Civil Law | Date: | Hits: 162
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: The......se of the goods in question for the litigation which stood as a bar in so doing does not subsist any more. If in due course Title Suit No.324 of 2009 has been decided in any manner under the law, the natural legal consequence will follow. But at the moment we think customs authority is in no way fac..Category: Fiscal/Taxation Law | Date: | Hits: 172
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....plot No.636. DW 5, who is another resident of the same village and not related to the defendants, has also supported defendant's possession in the suit land. The plaintiffs could not examine a single disinterested witness in support of their case of possession whereas the defendants examined at leas......ppellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, M......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....r Ma as one of the members of the searching party in the FIR. Excepting P.W.2 Seraj Mia all are relations of the deceased Abdul Hakim and as such P.W.2 Seraj Mia should be taken as an independent and disinterested witness. Although the other witnesses including P.W.1 Sadir Mia stated that P.W.2 Sera......R (HCD) (1992) 492.......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
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