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....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......pecial Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Refe......ere allegation against him which adversely affected the petitioner’s career and reputation. Such cancellation without giving an opportunity to the petitioner to be heard is against the principle of natural justice. It was done mala fide and for collateral purpose. A copy of the impugned Memo dated..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......se is also Reported in: 52 DLR (HCD) (2000) 75.......ng or sanctioning cash credit on the one hand the IDA credit ought not to have been taken back that is, giving by one hand and taking away by another hand which is not legal and against the canons of natural justice. This cash credit was required by the plaintiff for running the mill. He never appli..Category: Civil Law | Date: | Hits: 72
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ......o exclude the registration numbers of the petitioners from the impugned notice. It is also the contention of the petitioners that the impugned notice has been issued in violation of the principles of natural justice and the petitioners have been denied of their fundamental rights to sit for the Vi..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T......v) of the Employment of Labour (Standing Orders) Act, 1965 and, as such, the suit was not barred under that Act and the order of his dismissal from service was passed in violation of the principle of natural justice as he was not given an opportunity of being heard and, as such, the dismissal order ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......nt No. 5, Arab Bangladesh Bank Limited through respondent No. 6, its branch office, participated in the working capital financing of the project. It is the claim of the petitioner company that due to natural calamity which took place in the year 1991 and also due to the adverse impact of free market..Category: Civil Law | Date: | Hits: 133
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......State 27 DLR 251; Abul Hossain Master vs. State 44 DLR 159; Iftekhar Hossain Choudhury vs. State 47 DLR 451; Syed Khalilulla Salik vs. Md Rahmat Ullah 49 DLR 16; Abul Kashem vs. State 50 DLR 356, 551 and 515. Lawyers involved: ABM Bayezid, Advocate—For the Appellant. Nikhilesh......ng and bringing out by the appellant was a place which is an open place where anyone can enter. That being the position as regard the place of recovery which is found from the evidence on record, the natural presumption would be that in the absence of any evidence to the contrary that the accused-ap..Category: Criminal Law | Date: | Hits: 27
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. .................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S......sal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members, and particularly children, sho..Category: Criminal Law | Date: | Hits: 167
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ...... the petition stating, inter alia, that the writ petition is not maintainable in its present form. The respondent No. 2 employer have complied with the requirements of law including the principles of natural justice by affording the petitioner an opportunity of being heard and he was allowed examina..Category: Labour and Industrial Law | Date: | Hits: 108
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......his Case is also Reported in: 59 DLR (2007) 23. ......tim Nasima (PW 2) daughter of informant (PW 1) and her cousin victim Khadiza Begum (PW 3) were sleeping at the parlour of dwelling hut of Khadiza. At about 1000 PM Victim Khadizaa came out to respond natural call. Victim Nasima followed her with a lamp (কুপি বাতি). All on a sudden ac..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju...... his daughter as 18 years and at the same time he stated that he was not in normal sound mind. He denied the suggestion that his daughter was infatuated with accused for a long time and the same very naturally culminated into her elopement with the accused person. He denied the suggestion that the f..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ...........................Opposite Party Judgment August 9, 2005. Cases Referred To- Lal Mia vs State 42 DLR 15; Anser Ali (Md) vs State 3 BLC 68; Bangladesh vs Lokman Patwary and others 1994 BLD (AD) 155 = 46 DLR (AD) 163; Md Abdul Motaleb Mia vs State 7 MLR 458 = 7 BLC 644;......vided any special limitation for appeal in case of such trial in absentia as if held ex parte by committing fraud upon the Court by suppressing notice. It would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowledge of the j..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, ......rned Metropolitan Additional Sessions Judge started the case from wrong premises and chose to travel on the wings of imagination ignoring the consistent and corroborative evidence of most competent natural and probable witnesses. 38. Having regard to the facts and circumstances of the case ..Category: Criminal Law | Date: | Hits: 41
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl......o the plaintiff." 10. The learned Advocate for the appellant next submitted that the appellant was not given a show cause notice and as such order of cancellation was violative of the principle of natural justice and placed reliance upon the decision reported in 19 DLR 719. That case is distingui..Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L......xamine P.W.1 afresh. 23. It has been held by the Indian Supreme Court in the case of Sangram Singh Vs Election Tribunal, Kotah, AIR 1955 (SC) 425 that "the general rule founded on the principle of natural justice, that the proceedings in a Court of justice should not be conducted behind the back ..Category: Civil Law | Date: | Hits: 83
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......ums over the bamboo made platform. 13. Needless to say that the inhabitants of any slum are the misfortunes of the society, homeless and provisionless, may be due to river erosion, flood, drought, natural calamity, etc. and became floating rural population, having no profession, no provision for ..Category: Constitutional Law | Date: | Hits: 171
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
North South Property Development Ltd……………...Petitioner
Vs.
Secretary, Ministry of Land and another……………….Respondents
Judgment
May 17, 1999.
Cases Referred To-
......terest based on legitimate expectation might be affected, If a denial of legitimate expectation in a given case, denial of right guaranteed or biased gross abuse of power or violation of principle of natural justice, the same can be questioned on the well-known grounds attracting Article 14 but a cl..
Category: Civil Law | Date: | Hits: 92
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......case is also Reported in: 52 DLR (HCD) (2000) 1. ......e wholly illegal. He further submitted that names of the petitioner Nos.1 and 2 were included in the said report without giving them any opportunity to be heard and thereby violating the principle of natural justice though by such inclusion they were debarred from getting loan for their other busine..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......ing the price of the petitioners product other than the price declared by it duly supported by cost analysis have been made In clear violation of Rule 3(3) of the VAT Rules, 1991 and the principle of natural justice as no hearing was given to the petitioner prior to such fixation of price. 9. Mr...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Md. Ahia………………………………….Petitioner Vs. Md. Azimuddin and others……..........Respondents Judgment March 21, 2010. Lawyers Involved: Asad H......one stage that Shajahan decided to sell the suit land for the purpose of sending the defendant No.1 abroad and other benefits of the minors. 4. The defendant Nos.1 and 2 through their father and natural guardian had to decide to sell the suit land as above and accordingly the plaintiff agreed t..Category: Property Law | Date: | Hits: 25
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414....... No. 2737 of 2001. Judgement Md. Hamidul Haque J.- This suo-motu Rule was issued on the basis of a letter addressed to Hon’ble Chief Justice by Dr. Faustina Pereira, Advocate of Supreme Court and also Coordinator of Advocacy Ain o Salish Kendra. The Hon’ble Chief Justice directed the Regis......n jail custody any prisoner after expiry of his term of sentence is violation of Human Rights and Fundamental Rights. It was they duty of the Government to take steps in time for their release. It is natural that some time would be needed to complete formalities of their release because Embassies of..Category: Constitutional Law | Date: | Hits: 123
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