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Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
.... prosecution witnesses are related to the complainant and there was bitter enmity between the victim and the complainant and as such it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present case to generate co...... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Review Petition No. 10 of 2008. (From the judgment and order dated 05.12.2007 passed by the Appellate Division in Criminal Petition for Leave to Appe......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..Category: Criminal Law | Date: | Hits: 38
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......i. Md. Wahidullah, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-5. Civil Petition for Leave to Appeal No. 1634 of 2005. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Writ Petition No. 4388 of 2003.) ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......ahman CJ Sajjad Ahmad Jan J M. R. Khan J Waheeduddin Ahmad J Taj Din...........................................Appellant. vs. Mrs. Razia Begum Alvi and others.................Respondents Judgment December 15, 1970. The Paki......perty) Act, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of natural justice. Lastly, he contended that the sale of agricultural land was prohibited under sectio..Category: Property Law | Date: | Hits: 28
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ....... Tafazzul Islam J Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen……&helli......wed the Criminal Revision without giving any show cause notice to the petitioner herein. It was further submitted on behalf of the petitioner that the impugned order violated the principle of natural justice inasmuch as the petitioner herein was not given any chance to defend the criminal r..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......lso Reported in: 17 BLT (AD) (2009) 65. ......n or made any finding upon no evidence or not 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 Divis..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J Bangladesh Muktijoddha Kalyan Trust and another……….Petitioners Vs Md. Arshad Ali and others…&h......imposing punishment on an employee of the Trust would not be required to serve the second show cause notice accompanying the inquiry report. We are of the view in the background of the principle of natural justice or in other words in the background of the universal principle that one should not ..Category: Employment/Service Law | Date: | Hits: 408
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm......tion is arbitrary and malafide; that the joint allotment impugned in the writ petition having been issued without any show cause and without assigning any reason is clearly against the principle of natural justice. The learned Counsel further submitted that in pursuance of joint letter of allotmen..Category: Property Law | Date: | Hits: 74
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioner. Not represented- the Respondent. Jail Petition No. 10 of 2007 (From the judgment and order dated 20.5.2007 passed by the High Court Division in Jail Appeal ......ing that there is no blemish or falsehood in the testimony of RWs. 1, 2, 3, 4,5, 6, 7 and 10 in so far as the involvement of the petitioner and they, notwithstanding their interestedness, are natural and competent witnesses and the defence has failed to bring out any material contradic..Category: Criminal Law | Date: | Hits: 39
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc......jected the prayer for amendment of the plaint and consequently the prayer for adducing additional evidence under Order XLI, rule 27 of the Code of Civil Procedure by the plaintiff also met its natural death. 9. Thereafter the High Court Division by the impugned judgment and orde..Category: Procedural Law | Date: | Hits: 173
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, r......mo dated 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee without giving it any opportunity to be heard was illegal being violative of the principle of natural justice and as such the judgment and order passed by the High Court Division is liable to b..Category: Civil Law | Date: | Hits: 126
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R......blishment of the fact of their being freedom fighters and they were paid for the 32 years, of receiving Honorarium/Rastrio Sammani Bhata in total disregard of the universally accepted principle of natural justice or, in other words, without hearing them or affording an opportunity to place ..Category: Civil Law | Date: | Hits: 126
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh and Others……….....Appellants Vs. Md. Shamsul Huq……&......ubmissions held that the writ petitions are not maintainable observing as follows:- "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..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. .............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes......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 malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Divis..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. .......Petitioner Government of Bangladesh………………………………….Petitioner Vs. Acqua Foods Limited and others……………………………Re......p;…Respondents Judgment December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Ex..Category: Business or Commercial Law | Date: | Hits: 89
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ...... M.A. Aziz J Abul Kashem Howlader & ors……………………………..Petitioners Vs. Md. Kashem Ali Khan and others.............Respondents Judgment February 16, 2005. Lawyers Involved......ubsequently, it transpired that the said defendant No.20 got a substitution petition filed in the suit in the name of the minor sons of Khalilur Rahman without bringing it to the knowledge of their natural guardian; all these are done by the defendant No. 20 by practicing fraud upon the Court. T..Category: Property Law | Date: | Hits: 102
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......r. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No. 6093 of 2004). ......its opinion on the basis of an inquiry to the effect that he is guilty for which he will be removed from his office; that the impugned letter is arbitrary, malafide, violative of the principles of natural justice inasmuch as no show cause notice was issued under Section 12(2) of the Local Govern..Category: Others | Date: | Hits: 91
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ...... Mohammad Fazlul Karim J. - Government of Bangladesh represented by the Secretary, Ministry of Establishment and others are the appellants in this appeal by leave against the impugned judgment and order dated......ressed in the case of Mujibur Rahman Vs. Bangladesh reported in 44 DLR (AD) 111 by this Court as under: 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,..Category: Employment/Service Law | Date: | Hits: 62
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August......l No.30 of 2002 and the learned District Judge, Bogra, after hearing, dismissed the appeal holding that no notice to show cause was issued before suspending the plaintiff and thereby principles of natural justice was violated and the charges leveled against the plaintiff were also not proved. Th..Category: Employment/Service Law | Date: | Hits: 84
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... ......1968. It was the case of the plaintiffs that land described in schedule ‘Kha' accreted in 1935 to the C.S. Plots. If that assertion of the plaintiffs is accepted then it would have been quite natural to have the mention of the accreted land in the kabalas of the years between 1943 and 1968 ..Category: Property Law | Date: | Hits: 30
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