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Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......sp; Mainur Reza Chowdhury J Rajib Kamrul Hasan and 3 others ...................Appellants &nb......e making such observations and giving such directions the learned Judges of the High Court Division illegally in not giving any notice to the appellants which is a gross violation of the principle natural justice and consequently, the should be expunged and direction to take are liable to be set..Category: Criminal Law | Date: | Hits: 72
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Case is also Reported in: 47 DLR (AD) (1995) 149. ......the accused persons could not be recognized and have been subsequently falsely implicated in the case. As testified by P.W.2 Jaj Mia he got injuries within a close proximity to the deceased and it is natural and. probable for this witness to recognise the appellants. Further, he saw the appellants a..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ......mself admitted at least one of the charges leveled against him. The learned Advocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the res..Category: Administrative Law | Date: | Hits: 138
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......se to answer the questions. 112. From the Bar, a research has been made to find out the dictionary meaning of 'walkout,' 'boycott' and 'absent'. I like to give these simple words its ordinary and natural meaning. Terms like, 'walkout' and 'boycott' have not been noted in our constitution. In our..Category: Constitutional Law | Date: | Hits: 248
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ......order of absorption/ appointment of the petitioner by the same authority by the subsequent order cannot be said to have been passed without any lawful authority or in violation of the principle of natural justice." 9. It appears that because of the alternative submission on behalf of..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila......ons on which the Court of Settlement relied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ecord -For the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). ......sider the appellant's submission that there being a clear assertion in the affidavit‑ in ‑opposition that the enquiry proceedings were conducted in full compliance with the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- ......it has nowhere been held that the said quasi judicial function which is performed by a detaining authority extends to the giving of a prior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Sup..Category: Constitutional Law | Date: | Hits: 185
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,......tition moved by respondent No. 4 and without asking the appellants to show cause why the said order dated 8.8.84 should not be revoked. The order therefore has been passed against the principle of natural justice. 7. Mr. AW Bhuiyan, learned Additional Attorney General appearing for the G..Category: Property Law | Date: | Hits: 62
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ...... Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. Judgment A...... petition on the ground that the appellant admitted slight deviation from the approved plan due to change of the boundary and as he was given an opportunity to explain his position the principle of natural justice was not violated. 4. Leave was granted to consider the submission that unde..Category: Business or Commercial Law | Date: | Hits: 136
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....d about the date of knowledge to PW 1 before OPW 3 Mobarak Ali. OPW 3 denied of any such disclosure about the talk kabala in his presence. Thus it is palpably clear Lehajuddin could not adduce any disinterested and reliable witness to prove his alleged first date of knowledge. Further, there is ......ivision Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajudd......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......ates she did not send the child nor she informed the plaintiff of any other agreement in this regard. Defendant No.1 having prevented the plaintiff from seeing the child and he being the legal and natural guardian and being entitled to see the child under the agreement, filed the suit with a pra..Category: Family Law | Date: | Hits: 162
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Mohammad Brothers represented by its proprietor Md. Shahidullah……….Petitioner Vs Collector of Customs and another………………………..Respondents ......s no want of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not entertainable. The High Court Division further held that the petitioner is n..Category: Business or Commercial Law | Date: | Hits: 111
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………......ty of their lives. The other main contention was that the impugned action was taken without any notice to them and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ petitions that they had learnt from a..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19.......89 was purely a commercial contract, the alleged illegal cancellation of which would be remedied by arbitration as provided in the agreement itself or by a suit for damages, whether the principle of natural justice was applicable to a contract of this nature and whether a show cause notice was at a..Category: Information Technology Law | Date: | Hits: 242
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ......r made any finding upon no evidence or without 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: 57
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ......d to depose against the accused Lutfor Fakir. PW 1 Sk. Elahi Baksh stated: "Parashullah and his wife have been gained over trying to save accused Lutfor." It seems natural for Parashullah Fakir and his wife Saju Bibi to take pity and to try to save their grand s..Category: Criminal Law | Date: | Hits: 62
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ......gainst the petitioner was taken at his back and he was not afforded sufficient opportunity to meet these allegations. 8. From the above fact we are satisfied that there has been violation of natural justice and as such the impugned order cannot be satisfied. 9. We accordingly make ..Category: Others | Date: | Hits: 92
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......) DLR (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the S......the step sister, the step mother of the accused, a son of the accused who reads in Class VIII and a minor daughter Firoza aged about 10/12 years. It was the duty of the prosecution to examine these natural witnesses who come immediately after the discovery of the dead body of the deceased. If th..Category: Criminal Law | Date: | Hits: 124
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....any enmity was suggested against this witness. Further, DW 1 Yasin Sheik has admitted in his cross-examination that he has no enmity with the neighbours. PW 1 therefore, appears to be a thoroughly disinterested and independent witness and he has given a dispassionate account of what he saw, hear......; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,......W 1 has however denied that he ever made any proposal for gift. His denial is quite understandable and needs no comment. He came to depose to save his son. The father in him got the upper hand and naturally, he compromised with the truth. This also explains why Jalaluddin, the nephew of DW 1 and..Category: Criminal Law | Date: | Hits: 154
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