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Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......sain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 199......a nullity or it may have given its decision in bad faith. It may have made a decision which it had no power to make. It may have failed in the course of the enquiry to comply with the requirements of natural justice. It may in perfect good faith have misconstrued the provisions giving it power to ac..Category: Criminal Law | Date: | Hits: 88
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......n J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, representÂed by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Repub......pectation can be claimed by a person. "The legitimacy of an expectation can be inferred only if it is founded on the sanction of law or custom or an estabÂlished procedure followed in regular and natural sequence." 23. In that case it has been argued that for legal purposes, the expectation c..Category: Constitutional Law | Date: | Hits: 247
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......
Read the Appellate Division Judgment Here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Shafiuddin J
Mainur Reza Chowdhury J
Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991)
Kabita Rani Hajra ....... the delinquent students.
15. The Supreme Court of Pakistan, in the case of Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, reported in PLD 1959 (SC) 45 laid down as rule, the principle of natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applies to judicial..
Category: Others | Date: | Hits: 153
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Akbar Khan (Md.)………………………..Petitioner. Vs. Anti-Corruption Commission and others.......................Respondents. Judgment January 21, 2010. Cases Referred To-......re, that the impugned notice was without jurisdiction. It is further contended that a copy of the inquiry report was not attached with the notice and hence the notice is in violation of principles of natural justice. 4. In a supplementary affidavit filed by the petitioner it is further contended ..Category: Anti-Corruption Laws | Date: | Hits: 154
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....Ali. He argues that although the prosecution witnesses have admitted in clear language that as many as 40/50 people assembled at the place of occurrence and witnessed the occurrence, not a single and disinterested witness has been examined by the prosecution. Mr. Huq argues that in the face of admit......7.......‑12 of the prosecution appears to be absurd and improbable. On hearing alarm and finding that Somed is beaten blue and black and is being chased by the assailants with hostile attitude, it is quite natural that his brothers, sons and all his partymen should have reacted and retaliated the assailan..Category: Criminal Law | Date: | Hits: 111
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... to which such testimony relate. The Investigating Officer has also stated that the witnesses stated the names of the assailants to him. Furthermore, PW 12 Abdul Huq Bhuiyan who appears to us to be a disinterested and natural witness has strongly corroborated the testimonies of these witnesses and a...... This Case is also Reported in: 43 DLR (1991) 633. ......‑12 of the prosecution appears to be absurd and improbable. On hearing alarm and finding that Somed is beaten blue and black and is being chased by the assailants with hostile attitude, it is quite natural that his brothers, sons and all his party men should have reacted and retaliated against the..Category: Criminal Law | Date: | Hits: 68
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ...... This Case is also Reported in: 43 DLR (1991) 573. ......y accused Abdul Hye, and after reaching the hut of his son he found him dead in a throat‑cut condition. Then wife of the victim Nur Mia reported to him that when she had burnt a kupibati due to the natural call of her minor son, the accused‑persons numbering 5 entered into her hut with dao, chhu..Category: Criminal Law | Date: | Hits: 82
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507................Petitioners (In Writ Petition No. 793 of 1990) 2. Md. Abdul Raquib & others....................................Petitioners (In Writ Petition No. 794 of 1990) 3. Md. Nuruzzaman Khan and 7 others.......................Petitioners (In Writ Petition No. 801 of 1990) Vs. The Synd......cate, no opportunity having been given in that manner to the petitioner the impugned cancellation of the results of the examination and punishment imposed upon them are violative of the principles of natural justice and as such the same has been done without lawful authority and it has got no legal ..Category: Others | Date: | Hits: 112
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......nal Jurisdiction) Present: Mohammad Ismailuddin Sarker J Md. Badruzzaman J Mozammel Haque...........................................................Petitioner Vs. Uttara Bank, Bangabandhu Avenue Branch, Dhaka.............Opposite Party. Judgment August 30, 1990. Lawyers In......committed an error of law in his decision occasioning failure of justice in allowing the application for amendment of the plaint without any notice to the petitioner which is against the principle of natural justice and normal practice of the Court. The learned Advocate has farther submitted that th..Category: Property Law | Date: | Hits: 90
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......rted in: 43 DLR (1991) 483. ...... Consequently the impugned letter which was issued in pursuance of the said direction must be held to be illegal. 13. Mr. Huq next submits that the impugned action is violative of the principle of natural justice. There cannot be any doubt that the impugned action sought to debar the petitionerâ€..Category: Company Law | Date: | Hits: 213
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ....... Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 setting aside the judgment and order of the Upazila Magistrate, Narayanganj in CR case No.190 of 1987 (Narayanganj PS Case No.1......ny inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary order it to be sold or othe..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......e State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to sh......support of his contention the learned Advocate for the petitioner has cited the case of Syed Mahmud Alam Vs. Syed Mehdi Hussain reported in PLD 1970 (Lahore) wherein it was held: "The principle of natural justice, namely, audi alteram partem has, by now, been firmly established by the force of pr..Category: Criminal Law | Date: | Hits: 68
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....t most of the prosecution witnesses did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learn......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....t most of the prosecution witnesses did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learn......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....t most of the prosecution witnesses did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learn......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:  ..Category: Criminal Law | Date: | Hits: 86
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisÂfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ty Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) ......Lipi Begum on the night following on 30th October, 1998. According to the prosecution case narratÂed by Md. Kamrul Hossain (P.W.1), a Sub-Inspector of police, on the basis of information about the unnatural death of Lipi Begum, he was entrusted with the task for ascertaining the cause of death. He ..Category: Procedural Law | Date: | Hits: 81
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......l Jalil............................................Petitioner Vs. Bangladesh Steel & EngineerÂing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ......missal of the plaintiff. According to the plaintiff, the order of dismissal passed by defendant No. 2 under the sign4ture of defendant No. 3 is illegal, inoperative, void and against the principle of natural justice. The said dismissal was done with a motive to give a stigma to the good name and rep..Category: Employment/Service Law | Date: | Hits: 108
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......ecial Original Jurisdiction)
Present:
Nurul Hoque Bhuiyan J
Mainur Reza Chowdhury J
Chittagong Textile Mills Ltd................Petitioner
Vs.
The Chairman, Labour Court, Chittagong and another........Respondents.
Judgment
June 19, 1990.
Lawyers Involved:
Md. Khalilur ......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
..
Category: Labour and Industrial Law | Date: | Hits: 133
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases...... in the Writ it was his stand and also his stand in the bail petition moved in that writ petition that there are in fact two detention orders and the first one having expired after 120 days it died a natural death and hence the second order of detention is ex facie bad. It is a fact that during that..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Crimin......he information of his daughter's death on 17.4.80 at about 10‑30 AM and he went to the house of occurrence and lodged a written information with Sutrapur police station suspecting the death to be unnatural one and accordingly the police started the UD case. The said written information has not bee..Category: Criminal Law | Date: | Hits: 116
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