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Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....Sura 4 Ayats 240-242; Hedaya, Baillie, Sura Yonus (10:47), Sura Al-Qamar (54), Sura Al Imran (3:7) and observing that like statutes, the Holy Quran prescribes, a literal construction of its basic and fundamental verses, the learned Judges referred to the dictum of the Privy Council in the case of Ag...... from alien thoughts and ideas propounded by humans and be prepared to observe laws revealed by the Almighty Allah spontaneously with fear of Allah in one’s mind. We should get our perspectives right. Both male and female are Allah’s creations, Sura Az-Zumar (39) says in Ayat 6, “H..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....quiry unrelated to a specific case under investigation and that too without appropriate authorisation from the appropriate court. The impugned order is also unconstitutional as it is violative of the fundamental right of the petitioner guaranteed under Article 35(4) of the Constitution against himse......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
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Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....c Company and was in possession of the house fill his transfer to the petitioner No.1 and, as such, treating the building in question as an abandoned property is wholly illegal and has violated their fundamental right to hold property. 4. After service of the Rule respondent No.2 only entered app......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
....ed States of America Vs. Silk reported in (1946) 331 US 704 observed as follows:
"The observations of Lord Wright, of Denning LJ and of the judges of the Supreme Court suggest that the fundamental test to be applied is this: "Is the person who has engaged himself to perform these......; and that said designs having been produced by the petitioner under a contract of service and during the course of her service respondent No.1 as owner of the same is entitled to registration of copyright.
4. Petitioner claimed registration of copyright in the said artistic works stating, inte..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....n in dealing with the consignment in question injurious to public health has threatened life of the people. He therefore contended that under Articles 31 and 32 of the Constitution right to life is a fundamental right and the actions of those officers in not compelling importer respondent No.6 to se......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....y in the 'Kha' list was ex facie void for want of jurisdiction and in violation of Article 42 of the Constitution, the petitioners can come directly to the High Court Division for protection of their fundamental rights. Moreover, it was found that the petitioners had no scope for filing any applicat......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....¦«à¦¤à§‡à¦° গোপন আলাপ†were published before hand. But these two Bengali books did not contain any objectionable materials which oppose, injure or insult the religious sentiment and fundamental faith of the followers of Islam and, as such the order of forfeiture as contained in the......9A (1) (a) of the Code of Criminal procedure. 23. The learned Advocates for the petitioners submitted that the petitioners published their books and over those books they, have got their exclusive right. Before taking away that right of publishing the books or expressing their views, the Governme..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....if it can be done without causing prejudice to the other side. Prejudice here means detriment to one's claim. 10. In the instant case the effect of the proposed amendment will not change the fundamental character of the suit which will still remain a suit for declaration of title and perman......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....tion of its mind to the activity and conduct of the detenu and the materials if any on record against him absolutely in a mechanical way passed this order of extension dated 23.11.93 jeopardizing the fundamental right and liberty of the detenu. His contention, therefore, is that this extension order......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
....lusion in the said list of the disputed property which did not answer the description of the abandoned property within the meaning of the President's Order No.16 of 1972 affected petitioner's fundamental right guaranteed under Article 42 of the Constitution. The learned Advocate further subm......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
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Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
....9; as provided under section 51A(4) of the Act. It is also contended that the petitioners having been deprived from utilising their land without getting full compensation, there has been violation of fundamental right of a citizen as guaranteed under Article 42 of the Constitution. The learned Couns......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
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Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....ing, but that meaning can admit of modification to accord with a real intention shown by the will as a whole".
12. We have considered the very language of the two wills, Exts. 7 and 15. The fundamental principle in granting a will is this that an intention of the testator must be expressed......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
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Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
....e said section 3 of the Foreigners Act there is no mention about the communication of the ground of detention as is made in the Special Powers Act. Part-Ill of the Constitution contains the fundamental rights starting from Article 26thereof. Under Article 26(1) of the Consti...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
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Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.... resolution. He further submitted that the mandatory requirements of the Constitution of the Bar Association were not complied with and that the Bar Council failed to take notice of the fact that the fundamental rights of the petitioner as guaranteed by Articles 27 and 40 of the Const......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....h directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution."
Clause (2) of Article 102 ......ed government employees are involved and, as such, to our view, it is an absurd proposition to suggest each individual pensioner to come forward and file a separate writ petition vindicating a common right. There is no doubt that since the petitioner No.1 looks after the common interests of all reti..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ential and hence his passport is needed to be impounded to stop him from going out of the country. It has been stated that the seizure of the passport of the petitioner was not an infringement of any fundamental right of the petitioner as guaranteed under Articles 31 and 32 and 40 or any other Artic......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
.... the Muharrars respectively. So it is not a fact that by the impugned order the established rules and practice respecting appointment have been violated, nor have the principle of natural justice and fundamental rights guaranteed by the Constitution have been denied to the petitioners. These respond......r to every extra‑ Muharrar. The petitioners are senior to all extra‑Muharrars in their office and both of them are entitled to be promoted as permanent Muharrars in their respective offices as of right.
6. It is stated in the Writ application that notwithstanding aforesaid standing procedur..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
.... election matters. Right to seek election to a Union Parishad is neither a common law right, for the enforcement of which a civil Court may come forward, nor is it a constitutional right, such as the fundamental rights, as described in Chapter IV of our Constitution, for the enforcement of which wri......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
.... the petition in view of Article 117(2) of the Constitution.
6. Khondker Mahbubuddin Ahmed, learned Advocate appearing for the petitioner, submitted that the application being for enforcement of fundamental right, this Court has exclusive jurisdiction to decide the matter as the Administrative ......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
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Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
.... the present case is definitely not public interest litigation. The petitioner is not espousing the cause of a downtrodden and deprived section of the community unable to spend money to establish its fundamental rights and enforce its constitutional remedies. It is not acting pro bono publico but in......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
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