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Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....accepted principle of procedure that prior notice for rehearing is to be given to the parties who were present at the time of the hearing of the matter earlier. This principle is in consonance with justice and is to be extended to the constitution of the adjudicating body when it comprises of mo......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

.... of the building was made by the appellant, the High Court Division ought to have granted some relief to the appellant and when it has not done so this Court the in fact of the case may do complete justice under Article 104 of the Constitution. 11. Our attention has been drawn to sec......rt) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have  mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ranu) 23.3.72” 8. The respondent..

Category: Property Law | Date: | Hits: 80

Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)

....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ...... of the trial Court disallowing the pre-emption case. 2. The pre‑emptee-petitioner received the case; land from his aunt respondent No. 3, Moyna Sundari by way of gift by a registered document dated 2.10.80. The pre-emptor-respondent Nos. 1 and 2 filed Miscellaneous Case No. 17 of 19..

Category: Property Law | Date: | Hits: 56

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....the recovery of the gold from the possession of the respondent, particularly the evidence of the customs officers, P.Ws 1 and 2, and die own statement of the respondent (Ext. 2) causing no failure of justice and whether it was also rightly held that the trial was vitiated by the joinder of the sched...... his baggages were searched and among other things, the aforesaid gold bars were recovered from a secret pocket at the bottom of the handbag. On being asked the respondent failed to produce any valid document in support of the said gold. He, however, made a written statement admitting his involvemen..

Category: Criminal Law | Date: | Hits: 132

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....y be issued upon the opposite par­ties, order may be passed setting aside the abatement with regard to the death of the original opposite party No. 1 Eskendar Ali alias Badsha Mia and thereby justice may be done". 6. Technically it can be said that the petition filed on 9-......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

....ourt which in its inherent jurisdiction under section 561A of the Code has power to make such orders as may be necessary to prevent abuse of the process of the Court or otherwise secure the ends of justice, was in that case, justified in using their powers to quash the Police investigation. The ......e result, therefore, is that both the ap­peals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..

Category: Criminal Law | Date: | Hits: 125

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....sh whose will is supreme, duly constituted ourselves in to a Constituent Assembly, and having mutual consultations and in order to ensure for the people of Bangladesh equality, dignity and social justice, declare and constitute Bangladesh to be a sovereign People's Republic and ther......isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

.... under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the respondent' writ petition was not bad for laches and delay. 7. The term "c......s as the Government of Pakistan did not allow any Bangladeshi citizen to leave Pakistan. For making contact with his family he tried to go to London in March, 1972, but he failed to obtain any travel document. He arranged a Pakistani passport for going to Saudi Arabia for performing Hajj in December..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)

....rsquo;s officials concerned. The High Court Division, therefore, did not do any wrong in rejecting the application for revision on the ground of limitation. 4. As to the prayer for complete justice under Article 104 of the Constitution, this provision should not be resorted to in the case......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..

Category: Banking Law | Date: | Hits: 106

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....uharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rules and the principle of natural justice and further in violation of their constitutional right equality before law. 5. Respo......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..

Category: Employment/Service Law | Date: | Hits: 66

Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)

....he is now available. As an eye-witness, his evidence is vitally important, necessary and essential for arriving at a just and proper decision in the trial. The prosecution prayed that for the ends of justice, the said witness be summoned to appear and depose in the trial. 2. After hearing both si......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..

Category: Criminal Law | Date: | Hits: 53

Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ...... one year only i.e. for 1379 BS the plaintiff himself claimed that the lease was for 7 years. The learned Judge of the High Court Division found that the learned Subordinate Judge misconstrued the document Ext. 2 and that the lease not being of one year only, the settlement in question given to ..

Category: Property Law | Date: | Hits: 80

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....ral in this respect is rejected. 14. The learned Additional Attorney‑General has lastly referred to Article 104 of the Constitution of Bangladesh which provides for doing "complete justice in any cause or matters pending before it" and has submitted that the impugned award ......ondents that from ill‑motive the concerned officials of the Land Acquisition Department of the appellant kept the matter pending neither filing any appeal in time, nor producing the necessary documents including the notice under section 5, if any, and for this delay they (respondents) had f..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....der dated 3.8.92 that in appropriate cases a court exercising writ jurisdiction may adopt measures analogous to the procedure under Order IX Rule 13 CPC or at least exercise powers for the ends of justice. The learned Judges, however, held that respondent No. 1 was responsible for serious laches......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..

Category: Procedural Law | Date: | Hits: 102

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

.... petitioner filed a title suit with a prayer for injunction which was refused and the appeal therefrom was also dismissed. Thereafter the writ petitioner "came to the conclusion that he would not get justice in the lower Court" and as such after withdrawing the suit he filed the writ petition. 4.......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..

Category: Property Law | Date: | Hits: 86

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

.... on the part of such guardian. Mahajan J, who was on the same Bench, went further and observed that to deny the minor the plea of gross negligence of his guardian in such cases is to deny him bare justice and is to handicap him to fight against his adversary who can always be compensated when th......ala and Hashu Bala were made parties in place of deceased Nanibala Ghose. The trial Court considered the version of the plaintiffs that they were never known by these names and they produced their documentary evidence to show that they are known as Rekha, Sikha and Usha. Certified copies of the ..

Category: Property Law | Date: | Hits: 130

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

.... get full opportunity to defend himself and, that though there was no provision in the Regulations for second show cause notice before dismissal the plaintiff ought to have been given, in interest of justice, a second show cause notice. The High Court Division upheld the judgment of the court of app......rian ism. The plaintiff had the, full opportunity to examine the papers and place his case. He did not ask for any personal hearing, nor did he ask for examination of any witness or production of any document. The enquiry report, on the basis of papers and the plaintiffs answer to the committee's qu..

Category: Employment/Service Law | Date: | Hits: 101

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the impugned order in review. 4. Accused Shawkat Ali......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01   ..

Category: Constitutional Law | Date: | Hits: 174

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

.... that the Arbitrator was not bound by the old rules and practices followed by the Juries. His Lordship was also of the view that the Arbitrator got power to award interest on the ground of equity, justice, fairness and good conscience. In the Techno‑Impex Vs. Van Weedel, Lord Denning, no ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98