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A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ......esent: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent Judgment ...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......2016) 165
......re the electric line of the petitioner and withdraw the demand notice, but in vain. The action of the respondents in disconnecting the electric line of the petitioner is violative of the principle of natural justice. So the impugned order dated 26-11-2012 is clearly without lawful authority and of n..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......
......
Result:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned authority to issue show cause notice and to accord hearing s..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2......pulated in section 6(5) of the Ain, 2003. Due to operation of the overriding provision enshrined in section 3 of the Ain, 2003, the Bank is allowed to implead those three types of natural or juristic persons, namely principal-debtor, third party mortgagor and third party guaranto..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
......uddin Qader Chowdhury on 13th April at his house or that he implicated him at the instance of conspirators. The defence also suggested to him that his father, uncle, mother and other members met natural death. By this suggestion the defence has practically admitted the killing of the members of..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......s also noted that there is nothing on record to show that the Petitioner was ever asked to show cause about inclusion of the property or to surrender the same which has definitely denied the right of natural justice to the Petitioner….. (17) In the instant case, there was nothing on reco..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......;J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
Th......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... Orascom Telecom Bangladesh Limited..........Petitioner (In CP No. 327/11) Chief Executive Officer, Grameen Phone Limited............Petitioner (In CP No. 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgment May 11, 2015. ......-petitioners has the option to assail the judgment on merit. 20. Mr. Asaduzzaman, however, could not assail the impugned judgment on merit. 21. As such, the question of raising violation of natural justice does not arise at this stage. 22. We are of the view that the High Court Divisi..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......nbsp; Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ......ercourses, where there is no evidence of use of force or of concrete promise of marriage meaning deception. Two adults, through a complex chemistry of acquaintance may develop a close proximity. In a natural process they come nearer. It may be in our socio-cultural reality, that the female partner i..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......is also Reported in: 68 DLR (HCD) (2016) 98
......n 156(1) of the Act, as separate proceedings ought to have been initiated;
(6) show-cause notices for demand of duties, taxes, etc. were not served upon the petitioner violating the principle of natural justice and therefore, the impugned orders are unlawful and liable to be struck down.
8..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ......xure-'A' to the writ petition). Prior to cancellation of the licence of the petitioner, he was not given any opportunity of being heard. Because of the violation of the principle of natural justice, the impugned Memo No. JM Gha-2/95/416 (K5) dated 14-5-2001 is without lawful author..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......5) 73 ......ul as the same being passed merely under the direction of the Government, our Appellate Division maintained: "From the admitted facts of the case it is seen that there had been violation of natural ustice in not giving a hearing to the writ petitioners and that the controller of imports an..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J Government of Bangladesh and others………..Appellants (In all the appeals) Vs. Md. Mojibul Haque ......pass by referring to the case of Mujibur Rahman (supra). In that case, this Court has held that "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 Constituti..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......d. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J State.....................Petitioner (In both cases) Vs. Secretary, Ministry of Public Administration and others…..Respondents (In both cases) Judgment November 10, 2014. Result: ......ed 5-5-2014, the learned Judges observed that "By this time, the CID, 7-member Inquiry Committee and the RAB, as appears from the progress report submitted from time to time, have collected natural information which may be treated as further or additional evidence in the case, to say the l..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....at their end, supplied by the Assessee-writ petitioner. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......as company rather the bill served by the gas company is collected through the banking channel, which has not been denied by the taxes department that the consumer pays the bill to the classified Bank and the Bank in turn pays the billed amount to the gas company. It appears from the highlighted port......proper”. Fact of the Writ Petitioner 2. It has been asserted in the instant, very badly drafted, writ petition, that the Assessee-writ petitioner being an industrial undertaking using natural gas for manufacturing glass products, while paid the gas bill to the Titas Gas (T&D) Ltd..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ...... Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. S......In the case referred to above, the Appellate Division has held as under: "there is no reason to disbelieve the evidence of the son and wife of the deceased who are undoubtedly the most natural and material witnesses as to the calling away of the deceased by the appellants from the hou..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......san Foez Siddique J AHM Shamsuddin Chowdhury J Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014. ......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....not at all discuss the evidence of P.Ws. 2-4 and after mentioning two or three stray statements in a laconic manner abruptly came to the conclusion that they 'are not competent, reliable and disinterested witnesses and they have been picked up and planted in this case and we cannot put...... 6. ......with Moulana Kader and that is why, he did not disclose the plan. The defence failed to show anything by cross-examining P.Ws. 2-4 why they deposed against Abdul Quader. These witnesses are very natural and neutral witnesses and we find no cogent ground to disbelieve them. 44. Apart f..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......druzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondent......ahman (supra) where the Court appears to have seen the power in a wider perspective and observed that the Government can so act even without notice to the Nikah Registrar and neither the principle of natural justice nor the question of vested right can be called in aid to qualify, impair or circumsc..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl......ing the submission audi alteram partem, the High Court Division has commend-ably taken the pain of exploring several Indian and English decisions to lend support to the enunciation that rules of natural justice are not always rules of thumb; they are flexible and their applications depend ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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