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Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J Dhaka International University………………Petitioner Vs. Secretary, Ministry of Education and others…………………Respondents Judgment: February 14, 1999. Result: The Rule......mission and, as such, malafide. Thirdly, the impugned publication is violative of Articles 26, 27, 28, 31, 32, 39, 40, 41 and 42 of the Constitution. Fourthly, such notice is against the principle of natural justice as the petitioner was not given an opportunity of hearing. Lastly, publication of th..Category: Others | Date: | Hits: 104
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......also Reported in: 51 DLR (HCD) (1999) 64. ......om (Pvt.) Limited Vs. Bangladesh Telegraph and Telephone Board and another, 48 DLR 20 (AD) 1996 to contend that impugned notice was served without any show cause notice which offends the principle of natural justice and is malafide. The learned Judges of the Appellate Division addressed themselves a..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......l Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Riazuddin (Md.)……………………………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment July 29, 1999. Case Referred to- Sheik Ali Ahmed V......ed Advocate appearing for the petitioner submits that the cancellation of the licences of the petitioner in respect of the firearms in question have been passed in clear violation of the principle of natural justice because before cancelling the licences the petitioner was neither heard nor he was g..Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......rnment of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporati......oan as long term loan participated in the tender. In the said note it was further commented that it is true that in case of 12 Tanneries, this loan was shown as short term loan, so it would have been natural to show this loan as short term loan in case of Madina Tannery also. But in the summary note..Category: Others | Date: | Hits: 95
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... also Reported in: 9 BLC (2004) 601. ......BOI registration certificate, Clause 3 becomes redundant and has no force of law. He further submitted that in cancelling the registration, the respondent No. 1 has not complied with the principle of natural justice so far it relates to giving a personal hearing to the petitioners and thus the impug..Category: Others | Date: | Hits: 182
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others..................of permissive possession and that because of such permissive possession the plaintiffs are not entitled for declaration of title through adverse possession as prayed for, and that on the principle of natural justice and equity the plaintiffs are entitled to purchase the suit land at the price offere..Category: Property Law | Date: | Hits: 58
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......se is also Reported in: 51 DLR (1999) 563.......t any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protection from arbitrary and discriminatory action.
13. All ..
Category: Others | Date: | Hits: 116
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......€”the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, aff......ber of the bus made by the Investigating Officer to destroy the prosecution case but in the face of the most consistent and overwhelming evidence of the other eye-witnesses to the occurrence, who are natural, probable and independent witnesses having no animus against the accused petitioner as a mot..Category: Criminal Law | Date: | Hits: 37
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
...... also Reported in: 52 DLR (HCD) (2000) 299.
......nied by the inquiry report but the petitioners stated in supplementary affidavit about receipt of the photo copy of the said enquiry report. The respondents have denied any violation of principles of natural justice or any Rule and Regulation of the Service Rules. The respondents have further stated..
Category: Employment/Service Law | Date: | Hits: 87
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......so not only in the said exhibit A(3) but also the very endorsement, which was the basis of the transfer. Accordingly, the plaintiff’s right is restricted to US$ 70000 only. It does then follow as a natural corollary that if, other people in mentioned in Annexure A(3) for any reason render themselv..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......vision (Civil Appellate Jurisdiction) Present: Gour Gopal Saha J Sheikh Rejowan Ali J Shah Alam (Md.)…………………………..………..Appellant Vs. Md. Shahidur Rahman and others…………..Respondents Judgment February 9, 2003. Cases Referred To- Md. S......d for the purpose of possession, but does not ipso facto terminate co-ownership in such land till subdivision of the holding and distribution of rents takes place only in accordance with law." In our natural anxiety to be cautious in dispensing justice we have meticulously found that the decision re..Category: Property Law | Date: | Hits: 53
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......ed in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mills Ltd., at Dham......hat he was not allowed to cross-examine Mr. Md. Yeasin. In that view of the matter we do not think that the enquiry before the enquiry officer was vitiated by any failure to observe the principles of natural justice. 8. Mr. Abdur Rab Chowdhury, however, has made out a point that in serving a seco..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. CommuniÂcate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......vocates — For the Appellant. Not represented—the State. Criminal Appeal No. 181 of 1983. Judgment Anwarul Huque Choudhury J.- This appeal by Ratu Nag is directed against the judgment and order dated 12.1.1983 passed by the learned Sessions Judge, Tangail convicting the acÂcused app......ew others in the process. 10. It was thus, caused by a single blow and the falling of the tooth was immediate. It is on record that the accused reacted on being called as thief, which would be the natural reaction of an ordiÂnary but a gentleman if addressed as a thief. ThereÂfore, it could saf..Category: Criminal Law | Date: | Hits: 35
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....te of knowledge to P.W.1 before O.P.W.3 Mobarak Ali. But O.P.W.3 denied of any such disclosure about the talk of kabala in his presence. Thus it is palpably clear that Lehajuddin could not adduce any disinterested and reliable witness to prove his alleged first date of knowledge. Further, there is m...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......e
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
SK Sinha J
Nazmun Ara Sultana J
Syed Md. Ziaul Karim J
Idrisur Rahman (Md.) and others.………………………Petitioners (In Writ Petition No. 1543 of 2003)
with
Md.......e in the Cadre Service. Even then, he opted for the opportunity with the expectation that he would discharge justice wholeheartedly and independently until he would attain the age of 65 years. He had naturally the legitimate expectation to perform his responsibility up to 24-9-2010, for another peri..
Category: Constitutional Law | Date: | Hits: 253
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......in J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Motalib………………………....Petitioner Vs. Bangladesh, repreÂsented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………...................Respondents Judgment April 21......show cause notice upon him is offending to Clause (2) of Article 135 of the Constitution; that the impugned judgment and order is illegal, without lawful authorÂity and violative of the principle of natural justice. The learned Advocate-on-Record further submitted that the High Court Division omitt..Category: Civil Law | Date: | Hits: 111
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......Jurisdiction)
Present:
Syed J R Mudassir Husain J
Syed Mahmud Hossain J
Delwar Hossain (Md.)………………….Petitioner
Vs.
Government of the People’s Republic of Bangladesh and others...Respondents
Judgment
October 25, 2001.
Cases Referred To-
HM Saya & C......oner any opportunity to controvert the allegation, the Court directed the bank authority (respondent No. 2) to realise Taka 16,000 from the writ petitioner. He further submitted that the principle of natural justice had been violated by not giving any opportunity to the writ petitioner to explain hi..
Category: Civil Law | Date: | Hits: 76
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil ReÂvision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94....... Judgment November 30, 1988. Cases Referred to- Asstt. Gen. Manager, Rupali Bank, Barisal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 29 DLR (S.C.) 39, the State vs. Abdul Awal, 35 DLR 151, the Senior Manager, Dosta Textil...... of their participation in the strike that the authority had by way of punishment passed the orders which were for all intents and purposes orders of dismissal which offended against the principle of natural justice as having been passed without any show cause notice. There is no dispute that the Ba..Category: Employment/Service Law | Date: | Hits: 76
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....e on record and the same has occasioned failure of justice. The learned Advocate further submits that regard being had to the fact that the prosecution has failed to examine the natural, probable and disinterested witnesses to support its case, the learned Assistant Sessions Judge ought to have acqu...... Ed. This Case is also Reported in: 54 DLR (2002) 464.......and sifting he evidence on record and the same has occasioned failure of justice. The learned Advocate further submits that regard being had to the fact that the prosecution has failed to examine the natural, probable and disinterested witnesses to support its case, the learned Assistant Sessions Ju..Category: Criminal Law | Date: | Hits: 28
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......sion (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: ......een issued without any show cause as well as without giving a chance to the petitioner Company to produce its documents and therefore the impugned order is arbitrary and violative of the principle of natural justice. It is further submitted that the impugned order is nothing but a new device in crea..Category: Fiscal/Taxation Law | Date: | Hits: 63
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