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Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref......ceedings over which the police alone have full control and neither the Magistrate nor even this Court has power to interfere with such proceedings......that investigation will come to its natural end only under section 173 of the Code of Criminal Procedure either by final report or by ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ......resident under the proviso to Article 2; that the allegations that the respondent's indulged in anti-Bangladesh activities were irrelevant; that the notification was bad for violation of principle of natural justice; and that the respondent' writ petition was not bad for laches and delay. 7. The..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministr......manent Muharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rules and the principle of natural justice and further in violation of their constitutional right equality before law. ..Category: Employment/Service Law | Date: | Hits: 66
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope......cution proceeding on behalf of the minors. In Exhibit (A) it was stated that: "I have the honour to state that issued registered Card with A/D which was duly received by the natural guardian of the minors but he could neither contact me personally nor through an agent. ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......ce of a member of the enquiry committee its proceeding should be automatically adjourned, the deliberations of the enquiry committee could not be questioned on the supposed violation of principles of natural justice. 5. Taking a cue from a query from this Court whether the order of approval by th..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe...... 3. Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the impugned order in review. 4. Accused Sha..Category: Constitutional Law | Date: | Hits: 174
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Borhanuzzaman and others .................Petitioners Vs. Ataur Rahman Chowdhury and others .............ument of Mr. Mainul Hosein, learned Counsel who entered Caveat on behalf of the petitioner-respondents, that the failure to supply the copy of the enquiry report is a violation of the principles of natural justice in the facts and circumstances of the case. We, therefore, find no ground for inte..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Tru......e for which it was acquired, as a notice not to show cause against resumption. The next contention is, that the High Court Division was wrong in holding that there was a violation of the principle of natural justice in the making of the impugned order in as much as it was not noticed that upon the r..Category: Property Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......f State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul ......fide retired from service. It is submitted that the President's pleasure, in Article 134 of the Constitution, cannot be exercised arbitrarily, capriciously or whimsically or against the principles of natural justice. 7. Rule 14(5) is violative of Article 27 of the Constitution. It was added to th..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Mannan............ ......lated in Regulation 22 the question of giving notice or a pre‑hearing does not arise. In such a case there is no scope for making any grievance on the ground of violation of the principle of natural justice either. In the instant case the Administrative Tribunal is found to have correctly ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th......t of the people are living in metropolitan or urban areas choked by traffic, poisoned by water, suffocated by smog, deafened by noise and terrorised by crime. Restoring nature to the natural state is a cause beyond party and beyond factions. It has become a common cause of all the..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....2 and 1976, that it is not clear whether the plaintiff possessed the land in suit and after his death his heirs are possessing the land in suit, that the witnesses examined by the plaintiff are not disinterested witnesses and that evidence of the said witnesses, particularly of the evidence of PW......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Po......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....way from the house of plaintiff when he was not in the house or, in other words, stolen by the defendant. It may be mentioned the appellate Court considered PWs 2 and 6 independent and disinterested witnesses and also noticed the fact that said witnesses immediately after taking away......esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......f occurrence. There may be various reasons for not finding blood on the place of occurrence. Similarly failure of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawyers Inv......s is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taking place at 3 am in the house of PW 1, so the inmates of the house are the natural witnesses………(15) Direct evidence of recognising the assailant in stabbing the dece..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local G...... provision for the same in the section itself. The section does not provide for any exception by any proviso thereto in the section. We are to interpret the law as it stands giving the section its natural and ordinary meaning unless it admits of any other meaning. 7. In the case of Nur M..Category: Election Law | Date: | Hits: 106
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......rned brother about the Khata, Exhibit 2. 52. Further, it is also an admitted fact that the victim used to write Diary and the said Diary has also been made Material Exhibit 1(C). It is very natural that had there been actually any torture of the victim by the condemned appellant and othe..Category: Criminal Law | Date: | Hits: 59
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20......tary of the Ministry of Women and Children Affairs, was illegal on account of the President being her appointing authority. It was further held that the impugned order was against the principle of natural justice and in violation of Article 135(1) of the Constitution. The respondent then filed a..Category: Administrative Law | Date: | Hits: 128
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Controller of Examinations, University of Dhaka and others………………Appellants (In both the appeals) vs. ......respondents filed two separate writ petitions (Writ Petition No. 868 and Writ Petition No. 1560 of 1991) challenging the order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be heard and to..Category: Constitutional Law | Date: | Hits: 169
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......onsidered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend h..Category: Employment/Service Law | Date: | Hits: 67
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