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....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Resul......clusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, o..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h...... and/or qualification 'he or she' and 'his or her' was repeatedly used. Without fear of any controversy, it must be said that a Pourashava or a local body can only be constituted by a natural person of flesh and blood not by any artificial person like a company. 32. In amending ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......ny dailies for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nepotism and favouritism instead of following the rules and procedures. Trial Co..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......ellip;………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others…………………Respondents Judgment Jun...... 22, 2005. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordan..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
.... from 9‑30—1‑15 PM on 2‑12‑1992. D.W.3, D.W.4 and D.W.5 were Government officers and D.W.6 was a businessman and D.W.7 was a Shop‑keeper at Eskaton and they were quite independent and disinterested witnesses and their evidence were confidence inspiring and command credibility. They h......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL...... to the officer relevant documents to which he is entitled, that inevitably would mean that the enquiry had not been held in could not be rejected as inadmissible but the accordance with the rules of natural justice. 49. In Muslimuddin and others Vs. State (Supra) Appellate Division dealt with ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......ce lies on the prosecution. The learned Advocate further submits that the rash and negligent driving has not been proved by cogent and reliable evidence and no eye‑witness has been examined and the natural witnesses like the surviving passenger or the rickshaw puller has not been examined. The pro..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......so Reported in: 13 BLC (HCD) (2008) 247. ......on or made any finding upon no evidence or without considering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of the matter, the scope of enquiry in this Rule with reference to the..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:......ideration. The matter which I have to look into is, whether the prosecution has succeeded to prove the prosecution case. Here, in this case, the prosecution has fully succeeded in proving its case by natural and reliable witnesses. 37. The learned Additional Sessions Judge holds the view that o..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... ......iction 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 malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Divisi..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......in: 57 DLR (2005) 762. ......s issued without issuing any prior notice for showing cause and without giving, the petitioner an opportunity of personal hearing and, as such, the respondents have grossly violated the principles of natural justice and also violated the fundamental rights of the petitioner No.2 guaranteed under Art..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ...... This Case is also Reported in: 57 DLR (2005) 504. ......ss is accepted if it is corroborated by the evidence of other witnesses but credibility should be tested in the touch stone of the broad probabilities of the case. In this case this witness is a most natural witness in whose presence the occurrence took place and other independent witnesses corrobor..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The......urt or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted rules of procedure and which offends the superior courts sense of f..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....f examined some Mokbul Sheikh as P.W.2 and Sona Mia as P.W.3 who being closely related to the plaintiff belonging to plaintiff belonging to different villages cannot be considered to be impartial and disinterested witnesses. Withholding of the aforesaid disinterested neighbouring witnesses in case b...... High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Latif Hawlader..................................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Re......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or......der the provision of section 18 of the Employment of Labour (Standing Orders) Act, 1965 is to see whether the delinquent employee has been dealt with in accordance with law following the principle of natural justice. 8 The report Annexure-X and XI is unilateral report of the petitioner regarding..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The R......o the petitioner by issuing the impugned order. He submits that the petitioner was neither given any prior show cause notice for any opportunity to be heard, which is in violation of the principle of natural justice. Mr. Rahman also submits that the future employment prospect of the petitioner has b..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......vil) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The E...... the evidence of PWs 1‑4. PW 1 was material person in the materialization of the contract for the sale of the land in suit and his active participation in the materialization of sale is quite natural and probable as plaintiff Nos. 1 and 2 are his sons. PW 1's knowledge about the contract i..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... in: 57 DLR (2005) 546. ......ntext of the section militate against that view. We find no such indication in the section itself, which could persuade us to cut down the connotation of "person" in this section to a "natural person" alone. It is significant the terms "man" and "woman" have a..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re......ed with a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted b..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......ivil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Muinuddin Zulfiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 2004. Result: The peti......with class-1 certificate with competency is highly unreasonable as the same is not based upon any material, substantial and real difference and the classification so made is not logically correct, natural and intrinsic, nor even the said classification is founded upon any intelligible difference..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
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