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Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â...... Ain, 2002 confer unbridled and arbitrary power upon the Government to transfer case to Druto Bichar Tribunal under the said Act without recording any reason and without adhering to the principles of natural justice and there is no guideline in the Act, as to when and under what cirÂcumstances, thi..Category: Criminal Law | Date: | Hits: 59
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ...... Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Abdur Rahman and others……………………………&......s of the parties” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error of non-observance of the principle of natural justice. This was an error apparent on the face of the record. The learned Munsif acted ill..Category: Property Law | Date: | Hits: 23
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and deciÂsions arrived at by the High Court Division. This petition merits no considerÂation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh repreÂsented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Invo......aw. He next contends that there is a scope for arbitrary exercise of the power and there having no proviÂsions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and order being bad in law are liable to be set as..Category: Environmental Law | Date: | Hits: 517
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......m J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, represented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In ......ard made by the Arbitrator, but in the instant case the petitioner without filing appeal under section 34 filed the review application. The High Court Division also did not accept the plea of natural justice, as there is specific provision in the ordinance to prefer revisional application. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La......all the administrative forums for remedies available to it as contemplated under regulations 51, 52 and 53 of the PPR, (2) the impugned order dated 5.11.2006 was violative of the principle of natural justice as the same was passed against the respondent No. 1, writ-petitioner, without ..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank ..................................Appellant Vs. Md. Zalaluddin and others ……….....Respondents Judgment February 1, 2007. ......bursing particular loan nor gave any positive finding that particular loan was of fictitious or benami character; the inquiry was not held according to the prescribed procedure and the rule of natural justice was violated; although the Tribunal was not required to act like a Court of appeal ..Category: Administrative Law | Date: | Hits: 104
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......afazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment May 16, 2006. Cases Referred to- 4......Memo dated 12/9/1999 issued under the signature of defendant No.2 the service of the petitioner was terminated in violation of the Service Rules of BOESL and also in violation of the principles an natural justice. The defendant Nos. 1 and 2 contested the suit by filing a written statement conten..Category: Employment/Service Law | Date: | Hits: 71
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....fendants, case of 'Istafanama' by Jairuddin. The appellants tried to establish their case of settlement through the evidence of D.W. 3. It has also been mentioned hereinbefore that he is not a disinterested witness, rather interested witness being nephew of Jitu Mondal through whom the defe......) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ...... General instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner Not represented- For the Respondent. Criminal Petition for Leave to Appeal No. 233 of 2005. (From the Judgment and Order dated July 18, 2004 and July 19, 2004 passed by the High Court Division in Death Reference......empoo but curiously enough the Tempoo driver has not been examined in this case and none of the locality saw the victim at the place of occurrence or even at the place of occurrence village. Thus the natural presumption is that the victim might have received the injury elsewhere and the command cert..Category: Criminal Law | Date: | Hits: 73
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ...... Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal ......, P.W.3 Abul Kashem, P.W.4 Md. Hanif are dose relations and the dollars were snatched away from P.W.3 Abul Kashem and they are the witnesses of the occurrence. So, they are very much competent and natural witnesses but only for the relationship their evidence cannot be discarded. So, the High Co..Category: Criminal Law | Date: | Hits: 40
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......hellip;……………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) ...... against an award made by the Arbitrator but in the instant case the petitioner without filing appeal under section 34 filed the review petition. The High Court Division did not accept the plea of natural justice as there is no provision in the Ordinance to prefer review application. 5. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State...................................ision of law requiring this Court (Appellate Division) to issue prior notice calling upon the convict to show cause against enhancement of his sentence. But it cannot be disputed that it is a rule of natural justice that no one should be dealt with to his prejudice or deprived of his liberty without..Category: Criminal Law | Date: | Hits: 94
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
.... 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...... MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
BanglaÂdesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangladesh and others..................Appellants Vs. Md. Salahuddin Talukder ....................... of Article 102 for the enforcement of the rights conferred by Part III of the Constitution. 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: Constitutional Law | Date: | Hits: 133
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.... matter of record. It should have struck the Courts beÂlow that litigants who were contesting without laÂches a suit for permanent injunction in respect of the suit land would not ordinarily become disinterested to contest a subsequent suit for declaration of title in respect of the same suit land......1990) 285; 1990 BLD (AD) 194. ......e appellants are on record to have prosecuted the earlier suit diligently and there can be no earthly reason for them not to be present in Court on 20.7.81 for hearing of the earlier suit. It is also natural for the respondents to express themselves joyously over the fate of the subsequent suit, imp..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......ectation was created in the mind of the respondent No.1 and the sudden withdrawal of the same, without assigning any reason, is not only arbitrary but is also violative of the principle of equity and natural justice. 8. As it appears from the Tender Schedule, Annexure-A to the writ petition, Ten..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2......gencies titled "Proportion of population with sustainable access to an improved water source", over the last few years thousands of tubewells have been found to be contaminated with naturally occurring arsenic at higher contents than WHO-recommended levels and if quality is taken ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for...... as gospel truth. There are innumerable instances in which direct evidence of an incident, that is, evidence of eye-witnesses, has been rejected by the courts in view of it's being inÂcongruous with natural course of events, human conÂduct and attending circumstances. In the case of Abdur Rashid K..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......ructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment ......e to explain the allegation against him before such an order was passed. By calling an employer’s power of suspension to his inherent or implied power, there cannot be any derogation from the natural right of an employee. But this natural right may be circumscribed by the rules of service f..Category: Employment/Service Law | Date: | Hits: 79
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang...... Abdul Barek Dewan reported in (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed for such Headmaster of a recognized Non- gove..Category: Employment/Service Law | Date: | Hits: 82
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