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Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is al......ed Exhibit 1. 25. Learned Subordinate Judge could not rely upon the evidence of said witnesses on the ground that they were closely related. In case of an oral gift by husband to his wife, it is natural for their relations to be present and not any stranger. P.W.4 Abul Kalam Azad, an Advocate o..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nbsp;                                 ......iginal Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. Result: The Rul......ervice Regulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. Since it appea..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....ith DW 1 at Rangpur in 1959 about the exchange of the disputed property and he gave first information to the defendant No. 1 at 6, Rowdown Street, Calcutta by a letter. This DW 8 is a competent and disinterested witness. The further case of the defendant was that though the disputed property was ...... Supreme Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J  Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp......e plaintiff does not prove anything conclusively or that he is the real owner of the property. The trial Court also held that since the title deeds stood in the name of the plaintiff, it was rather natural that he would withdraw the amount. In our view, the above findings of the trial Court are ..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... is also Reported in: ......Counsel appearing, for the respondent, has, however, submitted that the impugned order is designed to prevent the predetermined malafide action against the respondent in violation of the principle of natural justice and that, in the facts and circumstances of the case no stay order having been passe..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......is also Reported in: 57 DLR (AD) (2005) 31. ......ting that as per IDA guideline the respondent BIWTA was obliged to provide a place adjustment formula for the extended bid validity period on its request for extension of bid validity, as a matter of natural justice the appellant legally held rationale for such compensatory adjustment, the demand fo..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......upreme Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and othe......ity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was violation of the principle of natural justice since he has been condemned or, in other words, his professional reputation has bee..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents  Judgment April 5, 2004. T......regards the so called complaint(s) before passing of the order of removal from the Office of the Special Public Prosecutor, as such, the order of removal so passed is violative of the principle of natural justice.  3. The respondent Nos. 1 and 2 contested the Rule by filing affidavit..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc......ok place in the manner as stated by the prosecution. The further defence case is that the victim Shafali Begum has fallen on the ghat of the pond while she had been taking bath and that her death was natural. 5. Prosecution, in support of its case, has examined 12 witnesses, of them, 4 witnesse..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangla­desh represented by the Secretary, Ministry of Post, Telegraph and Tele­ communication and others....................Petitioners Vs. Abul Khair........ural Justice   The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7)   Lawyers Involved:  Mvi. Md. Wahidullah..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......hatun................................Condemned Prisoner Judgment            February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ......daughter of deceased were not close to scene of occurrence and, as such, son and daughter did not witness occurrence. What evidence the son and daughter could give? Father is no more in the world and naturally, they would not want that mother would be, also, no more in the world, even if they depict..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)

.... The Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, ......he Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocat......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ......;…Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC......was completely insane at or about the time of occurrence The learned Deputy Attorney General failed to appreciate the admission of P.Ws.3, 4 and 9. P.W.3 is the mother of the condemned prisoner and a natural witness. While she deposed against her son stating that Nazrul suddenly inflicted kope on th..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 248.                         ......sp;   ......bitrarily. The learned Advocates further submit that such curtailment cannot be done at the whims of the respondents without even giving them any hearing and therefore it is against the principles of natural justice. In support of their arguments the learned Advocates rely on the decision in the cas..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......ion (Civil) Present:   Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J  Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.........ther in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court sitting over t..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......also Reported in: 57 DLR (2005) 327.     ...... for another." Thomas Jefferson in his letter to Madison (dated 20-12-1787) wrote, "the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure". 19. Liberty must at all cost be held high by all who have faith in the ru..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....easonable that the medical officer who examined her could not notice any mark of rape on her body. He lastly submits that the prosecution is found to have proved its case by examining independent and disinterested witnesses who are none but the close neighbors and, as such, there is no reason to int......tate. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......ch is com­plained of is a nullity in the eye of law or not and an order passed by a court can be void on two grounds, namely - if an order is passed by any court in violation of the principles of natural justice that must be deemed to be an order passed without lawful authority and the violation..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corpora­tion, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions......orb the respondents despite the fact that they have worked on the permanent strength of Stewardesses and they have performed satisfactorily service of more than 3 years and consequently, it being the natural inference from fact that the Corporation has re‑interviewed the respondents and have given..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)

....der the submissions that although no direct evidence was adduced in support of the allegation of 2nd marriage against the appellant and the evidence of the PWs 3, 4 and 5 being not the evidence of disinterested witnesses, the conviction of the appellant caused miscarriage of justice, that during...... bail bond.  Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond.  Ed. ..

Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossai......atural justice  It is now well settled principle that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the principle of natural justice shall be applied unless it is specifically barred. But where service rule provides ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322