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Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....(b) availability of a "qualified candidate" for the post held by the public servant concerned; (c) indulgence by a public servant in activities prejudicial to the interest and the fundamental principles of the state: (d) bad reputation relating to morality, integrity or......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
.... the relevant time the Government had jurisdiction to review the proceedings of the case against the respondents and the High Court Division failed to notice this vital change of law. 4. But the fundamental question is, whether the Government's power of review under Regulation No. 4(4) incl......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
.... facts and circumstances of the composition and organisation of the school it clearly appears that this school is not in conformity with the national edcation policy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident from the notification made...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....rection 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 the Constitution, but this power could be exercised in r......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....al error. Lastly, it was contended that the High Court Division erroneously took the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 5. Before we consider the relevant conten......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ion by the Superior Selection Board earlier before the aforesaid respondents and the consequent supersessional absence of any reasons for such action of respondent No. 1 and are violative of the fundamental rights of the petitioners" guaranteed under Article 29 of the Constitution. ...... only a recommending body, did not confer any right to promotion on the petitioners and that there is no violation of fundamental right under Article 29 of the Constitution or of any other legal right. It was further staled that the impugned Notifications are legal and valid and that the respon..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....s what is the right acquired by the parties under the decree for specific performance of contract which has not been executed. If the parties have acÂquired a right which the law recognizes then the fundamental principle of jurisprudence is that where there is a right there must be a remedy. 5...... Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performanc..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
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Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....erate entity of a Company whose interests are different from that of its share holders it has been observed by their Lordships: “It is well settled that an incorporated Company has got the fundamental attribute of corporate personality which is entirely distinct from that of its members a......brothers, Alauddin, Rahimuddin and Jahiruddin were the only Directors-cum-share-holders having A-Class shares, 2200 each, and their mother, Mrs. Zohura Khatun had 6400 B-Class shares having no voting right. Alauddin was Chairman, Rahimuddin was Managing Director and Jahiruddin was Executive Director..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....rlier was now taken away without ceremony. This discrimination affected the accused prejudicially because an apple is a vested right. 52. The argument deserves fuller consideration as to whether fundamental right under Article 27 is at all available. The contention of Mr. Anwarul Huq ......) will not alter the position because from a conviction by Special Tribunal an appeal as of right lies to the Appellate Tribunal whereas from conviction by Martial Law Court no such appeal lies as of right. This point will be considered at a later stage. 48. The charge-sheet was submitted and t..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ossession of the suit property. Setting up of a completely different and new case by way of amendment is not contemplated under Order 6 rule 17 of the Code. The amendment must not alter the fundamental character of the suit nor should the plaintiff be allowed to turn his suit into a gamble...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... Order. In coming to this conclusion their Lordships of the Lahore High Court considered a number of decisions, both of Indian as well as English, jurisdiction, and held thus: “The rule is fundamental both here and in England that where a right is created by a statute which also prescribe...... that class it has been always held that the party must adopt the form of remedy given by the statute, so I think the company are bound here to follow the form given by this statute which creates the right.” 12. In the instant case, as we have already noticed that remedy has been provided..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... to whether the grounds were vague or indefinite became relevant. But in the Emergency Powers Act having been made in exercise of the proclamation under Article 141A of the Constitution the fundamental rights given in the Constitution were suspended and the right to move the court was also......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
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Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ision Bench Decision of the Calcutta High Court reported in 26 C. W N. 65 where no less an eminent judge than Late Sir Ashutosh Mukherjee had observed at relevant page 70 as follows:- “The fundamental rule is that in order of establish adverse possession as between co-sharers, there must ......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....service has been provided in the constitution. Therefore section 9(2) of Act. XII of 1974 is neither in conflict with in any of the provisions of the constitution nor in infringement of any fundamental right of the petitioner, and that being the position section 9(2) is a good pi......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....of service has been provided in the Constitution. Therefore, section 9(2) of Act XII of 1974 is neither in conflict with any of the provisions of the constitution nor in infringement of any fundamental right of the petitioner, and that being the position section 9(2) is a good pi......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
.... reason why a discriminatory treatment should be meted out to the post of the Director of the IPGMR and the impugned notification on the face of it was highly discriminatory and violative of the fundamental rights guaranteed by Articles 27 and 29 of the Constitution. 8. Besides the Governm......rgument appears to be quite formidable and catchy. It has been argued that the petitioner would have no right of private practice unlike other Directors of similar Institutes who enjoy such right. This argument, in our opinion, would have been perfectly valid if the post of Director of the..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
....t the applicant a favor. He is only granting the applicant his right in the sense that he has a right to have the matter determined in accordance with law and justice. It will be observed that even a fundamental right may, not be a "right" in the strict sense of the term. A right to acquir......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
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Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....at very date, Proclamation of Emergency was made by the President of Pakistan and in view of amended provision of clauses (9) and (10) of Article 30 of the Pakistan Constitution of 1962 the fundamental rights as incorporated in Part II of the Constitution particularly rights contained in p......ake any distinction between the laws before the Constitution came into operation and the laws which were enacted in the face of the Constitutional prohibition regarding contravention of a fundamental right. 21. This view of Chief Justice Muir has generally been consistently followed by the Paki..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
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