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Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......9) 952. .......06.2006. The said application was filed on the grounds that the Arbitral Award was excessive and without any basis. It was also stated that the losses alleged by the respondent No.1 did not arise naturally from the alleged breaches of the petitioners. As such it was stated that the Arbitra..Category: Alternative Dispute Resolution | Date: | Hits: 344
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......structed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High Court Division in Civil Order No.1010 of 2008) ......476;েক Benefit পাইবেন।" the learned Courts below committed error of law in passing the impugned judgment which is against the principle of natural justice and as such the same is liable to be set aside. 8. We have heard the learned..Category: Property Law | Date: | Hits: 53
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth......xclusive preserve of the High Court division under Article 102 (1)." 20. This Court also held that: "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, o..Category: Employment/Service Law | Date: | Hits: 118
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......244-246, 248-50 of 2005)
Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005)
Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005)
Vs.
Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals)
And
Md. Eunus and Brot......AP and others reported in (2001) 8 SCC 344 wherein it has been held that;
"In cases where the decision making authority exceeded its statutory power or committed breach of rules or principles of natural justice in exercise of such power or its decision is perverse or passed an irrational order ..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......er. ......nd courage. In an ordered state, everyone performs his or her role and, does not interfere with others. Each person’s role is the one for which the individual is best fitted by nature; thus, natural law is upheld. Aristotle believed that Justice exists in the law and that the law is &ldquo..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......r. Ajmalul Hossain, Q.C. has referred the case of State of U.P. V. M.K. Anthony, AIR 1985 SC 48 on this point of admissibility of extrajudicial confession. In that case the accused killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness ......es not normally proceed to review the evidence in criminal cases unless the trial vitiated by some illegality or material irregularity of procedure or the trial is held in violation of rules of natural justice resulting in unfairness to the accused or the judgment or order under appeal has r..Category: Criminal Law | Date: | Hits: 291
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Petitioner. Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to ...... 7. It was submitted on behalf of the petitioner in the Petitions for Leave to Appeal that "the High Court Division acted illegally by drawing non-existent distinctions between natural and juridical person in relation to payment of 'Zakat' although no such distinction ex..Category: Fiscal/Taxation Law | Date: | Hits: 145
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......ourt Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary......intment letter to joint in service have reasonable or legitimate expectation that they will be appointed but long and unreasonable stay in respect of appointment of petitioners are contrary to the natural justice and violative of the legitimate expectation. We have therefore no hesitation to hol..Category: Constitutional Law | Date: | Hits: 132
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222......eneral Clause Act. It has been held in the case of University of Dhaka through its Vice-Chancellor and the Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, propounding the principle of natural justice “audi alteram partem” that before a person is punished an opportunity to show ca..Category: Constitutional Law | Date: | Hits: 251
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1......oner and that the assessee-petitioner acquired a right to have his appeals heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. 8. Since..Category: Fiscal/Taxation Law | Date: | Hits: 89
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......ate-on-Record-For the Appellant. Dr. M. Zahir, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record-For the Respondent. Civil Appeal No.138 of 2004. (From the judgment and order dated 23.01.2000 passed by the Appellate Division in Writ Petition No.1177 of 1999.) ......g in C.S. Plot No.361 of mouza Shola. It is also the contention of the respondent that the approved plan was cancelled without prior notice and thereby there has been violation of the principle of natural justice. 3. Rule was opposed by the appellant (respondent No.1 in the writ petition)..Category: Property Law | Date: | Hits: 28
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......(2005) 888.......igh Court Division granting full relief's sought for in the revisional application in a summary manner without issuing any Rule upon the appellants or upon the State which is against the principle of natural justice. 5. Respondent Nos. 1's father died on 26th January, 1995. An application in the ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ...... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......June, 1960. The father of the writ petitioner constructed a building thereon in 1963 after which the writ petitioner with her husband had been living in the first floor of the said building. Out of natural love and affection the father of the writ petitioner made a gift of the said property to he..Category: Property Law | Date: | Hits: 42
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate further submitted that out of 21 charge sheet witnesses prosecution examined as many as 14 witnesses and the prosecution has failed to examine the rest 7 important neutral, independent and disinterested witnesses mentioned in the charge sheet without assigning any cogent reasons. That P.......ate Court (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zakir Hossain and another………….Petitioners Vs. The State...................... 6. It appears from the record that the place of occurrence is the path way to the house of the informant and situated in close proximity from the house of the informant. In this perspective it is natural and reasonable for the near relations to come to the place of occurrence at the hue and cry..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ase and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extrication of consequential and ......lip;….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Mohsen Jute Mills Ltd..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers I...... on 27.12.89. Respondent No. 2 did not dispute the correctness of such statement of the mill authority. It can safely be said that the mill authority had sufficiently complied with the rule of natural justice before the impugned order of discharge was passed. It is also evident from the rep..Category: Employment/Service Law | Date: | Hits: 100
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 1997.......smissal. He alleged that the proceeding and the order of his dismissal were violative of regulation 28 of the Service Regulations. The Tribunal found no illegality or violation of the principle of natural justice in the departmental proceeding and accordingly dismissed the case. On appeal, being..Category: Employment/Service Law | Date: | Hits: 70
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......atifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- ......stitution as well on the ground of violation of Universal Declaration of Human Rights as recognized under Article 13 of the Universal Declaration of Human Rights and also on violation of principle of natural justice and on mala fide. The High Court Division by the impugned judgment and order summari..Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and disinterested witness and as such no reliance can be placed on these dakhilas, that the plain...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. .........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......d to consider the submission that the learned Single Bench of the High Court Division in passing the impugned judgment did not consider the over all supervisory control of the father, the natural legal guardian and hence did not make any provision for the father to see the minors at sui..Category: Family Law | Date: | Hits: 161
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