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....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred......n or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Divisi..
Category: Property Law | Date: | Hits: 103
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......his case is also Reported in: 52 DLR (2000) 471. ......the Wards as per section 21(1) on that score in the Ward Nos. 8 and 9. According to his report, voters were 2750 and 2700 receptively and this would not have been 10% variation of the 3 Wards had the natural boundary, either the rail line or the canal (Choumuhani Atiabari Khal), been taken into cons..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......s case is also Reported in: 52 DLR (2000) 461. ......e power to cancel sanction the authority must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party and decide the matter consistent with the principles of natural justice. 86. In the light of above principles, if we consider the show cause notice dated..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case inÂvolves substantial question as to the interpretaÂtion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......duty to determine what the rights of an individual should be, but that there must always be something more to impose on it a duty to act judicially before it can be found to observe the principles of natural jusÂtice, then that appears to me impossible to reconcile with the earlier authorities. I c..Category: Constitutional Law | Date: | Hits: 291
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......his Case is also Reported in: 55 DLR (2003) 289.
......ondent Nos. 6 and 7 in the writ petition who are now the review petitioners. Hence it cannot be said that the judgment and order dated 25-7-2001 passed in the writ petition is hit by the principle of natural justice. It is further contended by the respondent No.1 ie the writ petitioner, that in fact..
Category: Others | Date: | Hits: 119
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
....ts of the P.W.'s of the case; that the High Court Division has committed illegality accepting the death reference in not considÂering that there is no eye witness in the case and even the important, disinterested reliÂable neighbour of the alleged place of occurrence were not examined as cited in ......Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 312 of 2009. (From the judgment and order dated the 18th, 19th and 20th day of November, 2008 passed by the High Court Division in D...... of paper books is disÂpensed with as prayed for. The period of order of stay granted earÂlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...Category: Criminal Law | Date: | Hits: 49
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordÂingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... 1, 16 MLR (AD) (2011) 261. ......hÂing on record to show that the suit land has even been partitioned among the co-sharÂers by metes and bound and Mazed Ali, being the son of Hedayetullah, his possesÂsion in the suit property was natural and as such his mere possession does not autoÂmatically prove the genuineness of the above ..Category: Property Law | Date: | Hits: 109
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to...... discussion made above, it is clear that there is no legal bar in the admissibility of the evidence of PW7. Md. Salim who was aged about 12 years. His evidence reveals that he deposed in a normal and natural way and gave rational replies to all the questions put to him. Therefore, we do not find any..Category: Criminal Law | Date: | Hits: 84
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliru......manifestly wrong in passing the impugned order of conviction and sentence against the accused-appellant. The learned Advocate submits that since the prosecution has failed to examine any independent, natural and probable witness to support its case, the impugned order of conviction and sentence is n..Category: Criminal Law | Date: | Hits: 45
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:......ration is to sacrifice commonsense in favour of an artificial concoction called "Judicial" probability. Indeed, the Court loses its credibility if it rebels against realism. The law court is not an unnatural world. 53. In State of HP Vs. Raghubir Singh (1993) 2 SCC 622 the Supreme Court of India ..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ssions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six months while......murdered her husband due to previous grudge and enmity over landed property. 10. In lengthy cross-examination, the defence could not elicit anything that shakens her testimony, which appears to be natural and consistent with the case made out in the FIR. 11. PW 4 Minara Begum is an eye-witness..Category: Criminal Law | Date: | Hits: 52
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec......ition party and hence earned wrath of the Member elected from the ruling party who also became a Hon'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involve......istration of the petitioner’s union; that so notice to show cause was served upon them nor was there any enquiry held in their presence and accordingly, the order passed is against the principle of natural justice; that the finding of the Second Labour Court that the petitioners membership fell be..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt......lity. The investigating agency should be careful and conversant with the procedural laws in collecting materials in respect of a brutal incident like this. Normally, in such incidents the neutral and natural witnesses are scared to depose against the accused persons for fear of reprisal and other re..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ........Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Gover......ection 12 for securing the purpose of the impugned Act and that the transfer of the petitioner as Inspector, in place of Appraiser is a demotion without any departmental proceeding and a violation of natural justice. He has further submitted that in the Schedule of the impugned Act (Act XX of 2000) ..Category: Employment/Service Law | Date: | Hits: 116
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
...... Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgment
June 21, 2009.
Cases Referred To-
Rawsh......diction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of any such conditions the interference by the High Court Division it..
Category: Property Law | Date: | Hits: 54
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin......perly prepare his reply because of lack of inquiry report and that has, in our view, vitiated the entire proceedings. In fact, it amounts to denial of opportunity of being heard and is a violation of natural justice.
26. Further, the Enquiry Officer though recommended to absolve the petitioner fr..
Category: Employment/Service Law | Date: | Hits: 72
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....e prosecution are close relations of the complainant and are imimically disposed towards the accused petitioner. The prosecution has signally failed to examine even a single probable, independent and disinterested witness to support its case without any reasonable explanations. The submissions made ......€¦â€¦â€¦â€¦Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advoca......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......r Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......iven a liberal construction and restricted meaning and it should not be rigidly sought for when some evidence worthy of credence is on record. Since the witnesses examined in the case are found to be natural and probable witnesses, they cannot be disbelieved merely because of their interest in the p..Category: Criminal Law | Date: | Hits: 68
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar ......at the executing Court issued the warrant of arrest without any prior notice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On t..Category: Civil Law | Date: | Hits: 169
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