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Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ......;.Petitioner Government of Bangladesh………………………………….Petitioner vs Acqua Foods Limited and others……………………………Re......sued the above mentioned public notification. 4. The Writ Petitioners challenged the cancellation of their Registration Certificate on the grounds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Con..

Category: Business or Commercial Law | Date: | Hits: 117

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&......d) DOS policy clearly stipulates that defendant No. 1 not liable for loss or damage directly or indirectly caused by or arising out of or aggravated by, amongst others by perils by cyclone or other natural causes. It is only on the above plea that the plaintiff’s claim was repudiated. Furt..

Category: Business or Commercial Law | Date: | Hits: 148

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………â€......o deep which cannot be ignored even though the mother, it cannot be denied, is generally and eminently suitable for the caring of the children. At the same time the father being the first and primary natural guardian has an abiding interest in the welfare of the children. Indeed, he made a very conc..

Category: Family Law | Date: | Hits: 250

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

....fraudulently by the son defendant No. 2 and his wife defendant No. 1 taking the plaintiff to Bheramara and that the plaintiff being an illiterate pardanashin village woman did not get independent and disinterested advice in the matter of executing and registering the kabala. Consequently he decreed ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..

Category: Procedural Law | Date: | Hits: 154

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

....judges rightly believed the same. Merely because PW 4 and 7 are distantly connected with the victim their testimony of witnessing the occurrence cannot be disbelieved on the ground that they were not disinterested witnesses when their examination in chief could not be shaken in cross-examination by ......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same....... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..

Category: Procedural Law | Date: | Hits: 157

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......r the Appellants  A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents   Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ......rights of the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise."  5. We have heard Mr. Khandaker Mahbubuddin Ahmed, the l..

Category: Property Law | Date: | Hits: 127

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ...... August 14, 2004.  The Penal Code, 1860 (XLV of 1860), Section 324   In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s......6 wife of the deceased is a truthful witness and she saw the occurrence as she opened the door of the hut when her husband was assaulted by the appellant and others at her courtyard and that was very natural for her. He also argued if this P.W. 6 is believed the convic­tion and sentence passed b..

Category: Criminal Law | Date: | Hits: 95

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....discussions made hereinabove 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: 18 BLT (AD) (2010) 486. ......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Muj......epublic which are matters for adjudication by the Administrative Tribunal and observed 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, o..

Category: Administrative Law | Date: | Hits: 152

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......mad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others………………………………………………….Respondents Judgment May ......reed with the claim of the appellant but did not execution the orders in accordance with law. The said order of the Ministry of Establishment dated 10.8.2000 is illegal and void as it is violation of natural justice and Articles 26, 27, 29(1), 135(2) and 140(2)(c) of the Constitution of the People's..

Category: Administrative Law | Date: | Hits: 162