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Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......r Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. ......that from the report submitted and the F.I.R. lodged by the Presiding Officer of the polling centre it is manifestly clear that the election materials were lost from his custody which gives rise to natural conclusion that the election result was declared on the basis of some fabricated result shee..Category: Election Law | Date: | Hits: 171
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh......20’ is likely to adversely affect and uproot about 3 lakh people within the project area and the extent of adverse impact outside the project area may encompass more than a million human lives, the natural resources and natural habitats of men and other flora and fauna. The total impact area, alth..Category: Environmental Law | Date: | Hits: 1051
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......edy for the petitioners to avail of. In such a case, in our view, this Court in its writ jurisdiction has every reason to react to the manifest injustice and try to remedy it.
17. The principle of natural justice not only applies to Courts but, nowadays more and more it is being applied to admini..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......J
Amirul Kabir Chowdhury J
Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o......e examination and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the proceedings in..
Category: Civil Law | Date: | Hits: 85
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ...... the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney General with Nurul Islam Matubbor, Assistant Attorney General - For the State. Criminal Appeal No. 899 of 1999 (Against the judgment and order of conviction and sentence dated 8.3.1999 passed by the Sessions judge, Chandpur in Sessio......fa Akhter the appellant Humayun without discharging his responsibilities as the husband not only fled away from his house but also remained absconded till after the trial was over. 16. It is quite natural that the relations of the accused husband will not come to support the prosecution case. In ..Category: Criminal Law | Date: | Hits: 112
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citizen of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim fami...... an order dated 6.11.88 vide Annexures 'K' and 'Z' passed under section 3(3) of the Special Powers Act, 1974. This giving of retrospective effect to an order of detention which expired and died its natural death on 1.11.88 is not at all permissible in law. In this connection the learned Advocate..Category: Criminal Law | Date: | Hits: 60
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017......ce illegal. The learned Advocate for the convict petitioner could not indicate any infirmity in their evidence, which was quite corroborative in material particulars. They were the most competent and natural witnesses. Without their evidence foundation of the prosecution case would have cracked. Fur..Category: Criminal Law | Date: | Hits: 87
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......004) 474. ......embers and they are suffering during these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑9..Category: Employment/Service Law | Date: | Hits: 96
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is......rovision, the employee has a right of action either in a Superior Court in its writ jurisdiction or a Civil Court. (b) If the service of its employee is terminated in violation of the principle of natural justice, the employee has a similar right to action as in (a). (c) If the office is a sta..Category: Employment/Service Law | Date: | Hits: 174
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......ed in: 50 DLR (HCD) (1998) 19. ......the date of the order and notices are issued it appears to save such limitations. But in case where no notice is issued and an appeal and a revision is filed then revisional application will have its natural death in view of the filing of the appeal. But mere non-issuance of any notice cannot by its..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
....to police custody and in support of his submission he cites a decision of the Appellate Division reported in 8 BLD (AD) 109. Learned Assistant Attorney-General further submits that the P.Ws. were all disinterested persons and proved that there was a dacoity in the running train and that no other per...... with Jail Appeal No.1831 of 1992 with Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh,......n the running train and that no other persons but the accused committed the crime. The evidence of the witnesses though are regarding occurrence at different places and time, but are so connected and natural that there is no scope for arguing that the evidences were concocted. 10. In 8 BLD (AD) 1..Category: Criminal Law | Date: | Hits: 66
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....ce under section 4(b) or 4(c) or section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 have not been established against the appellants by the prosecution in this case by reliable, disinterested and sufficient evidence beyond all reasonable doubt and that the case as made out is a...... This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... offence under section 9 read with sections 4(a) and 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983; as against the rest of the appellants beyond all reasonable doubt by the most natural and competent witnesses and hence the conviction and sentence passed against them should be ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......sion (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Wadiuzzaman ………………………Petitioner (In all Writ Petitions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29......ng with the requirement of note (iii) to the said Regulation 6. He further submits that no enquiry was held and the petitioner was not given an opportunity of being heard in person which is denial of natural justice. 23. Before we examine the submission made by the learned Advocate for the petiti..Category: Employment/Service Law | Date: | Hits: 116
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......umar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mirza Ashfaque Hossain and another (In Civil Petition No. 2311 of 2010) The Vice Chancellor, National University, Gaz...... No.774 of 2004 where the Appellate Division did not interfere with the order passed in accordance with Rule 6 of the further submits that the aforementioned Rule 6 does not infringe the principle of natural justice in that the President of the Governing Body of the College is nominated by the autho..Category: Others | Date: | Hits: 153
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. .................................Petitioner (In Civil Petition No.1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Resu......of 5,138 square miles which is one-tenth of the total territorial area of Bangladesh and is home to a population of about 10 lakhs which constitute 0.5% of the total population of Bangladesh. Full of natural resources, the Chittagong Hill Tracts is a hilly area dotted by five valleys, namely, Chengi..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......ide. 46. It has been contended on behalf of the plaintiffs that defendant No.1 had not given the present executive committee a chance of being heard before dissolving their Committee and, as such, natural justice has been denied to the plaintiffs by the defendant No.1. 47. Keeping in view of t..Category: Civil Law | Date: | Hits: 85
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....laintiff’s possession or alleged factum of his dispossession from the suit land. On the other hand, the High Court Division found that the evidence of D.Ws. was consistent and credible as they were disinterested and natural witnesses from the neighborhood. 10. The High Court Division further ob......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism......ith which the structures were shifted into the suit land and the induction of tenants all on a single morning was not believable. The High Court Division came to a finding that none of the P.Ws. were natural witnesses of the so-called factum of dispossession and no one from the neighborhood had come..Category: Property Law | Date: | Hits: 70
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......& others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333; Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 D...... order under section 16 of the General Clauses Act. It is further alleged that since before issuance of the impugned order no show cause notice was given, the impugned order offended the principle of natural justice and, as such, it is liable to be struck down.
5. In this case an affidavit-in-opp..
Category: Employment/Service Law | Date: | Hits: 158
....d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......his Case is also Reported in: VIII ADC (2011) 770.
......nd also without framing any charge terminated the petitioner’s service and also did not consider the inquiry report before terminating them from the service, which is violative to the principles of natural justice. It is further contended that the High Court Division erred in law in failing to con..
Category: Employment/Service Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
....dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......rul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Home, Bangladesh Secretariat, Dhaka and others ........Petitioners Vs. Md. Golam Nabi ..................................................s of the view that the authority did not supply the inquiry report to the respondent and as a result, he could not defend properly against the charge and thereby, he was deprived of the principles of natural justice. 5. We have heard the learned Deputy Attorney General on behalf of the petition..Category: Administrative Law | Date: | Hits: 163
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