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Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
....ng to dissolve the marriage even though it is no longer possible for the spouses to live within the limits prescribed by Allah but this Court did not say that this could be done without observing the fundamental norms of judicial procedure. It is a basic principle of all judicial process that the de...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
....t of the people restricting using of shoes, caps and umbrellas while passing through the said area/village. Such news has been published in the daily newspaper and the petitioner having felt that the fundamental right of the citizen to enjoy their right to religion and free movement are being infrin......ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
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Category: Property Law | Date: | Hits: 0
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....r that the appeal was heard by a Court having no jurisdiction. There are long line of decisions which have settled that the question of jurisdiction of the Court is not a mere technicality, but it is fundamental in nature. In the case of Managing Director, Rupali Bank Limited and others Vs. Tafazal ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....the petitioners have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and as such they can not file an application for enforcement of any fundamental right. In support of his contention, he cited the case Mian Ahmed Kibria Vs. Government ......ers have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and as such they can not file an application for enforcement of any fundamental right. In support of his contention, he cited the case Mian Ahmed Kibria Vs. Government of Banglades..Category: Procedural Law | Date: | Hits: 24
....arged the scope of public interest litigation (PIL) by relaxing and liberalizing the rule of standing by treating letters or petitioners sent by any person or association complaining violation of any fundamental rights and also by entertaining the Writ Petition filed under Article 32 of the Indian C...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
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Category: Environmental Law | Date: | Hits: 362
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....inable. If the petitioner's company is aggrieved in that case, it could take legal action in appropriate Civil Court. Moreover, it is the consistent view of his Court that a company does not have any fundamental right as enshrined in article 102 of the constitution, which can be invoked by them by f...... 4(four) months after entering on the reference. When the arbitration proceeding continued beyond 4 months with the parties raising no objection, the conclusion is that the party concerned waived its right. In the case of Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27 it has been held:..Category: Alternative Dispute Resolution | Date: | Hits: 96
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....etitioners have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and, as such, they cannot file an application for enforcement of any fundamental right. In support of his contention, he cited the case Miah Ahmed Kibria Vs. Government ...... have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and, as such, they cannot file an application for enforcement of any fundamental right. In support of his contention, he cited the case Miah Ahmed Kibria Vs. Government of Banglades..Category: Property Law | Date: | Hits: 66
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....e the petitioners were not treated as Government servants, the petitioners might not get the appropriate relief in the Administrative Tribunal. Further, he submits that since he has been invoking the fundamental right Nos. 27, 31 and 40 of the Constitution, the petitioners felt that the writ petitio...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... land for more than 70 years and for three generations. It is also admitted that the C.S. and S.A. records have been prepared in the name of Abdul Hamid, the predecessor of the plaintiffs. 13. The fundamental difference between the parties, however, is about the nature of possession of the defend......ailure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heritable right. The other incidental issue is whether the findings of the Courts below about adverse possessi..Category: Civil Law | Date: | Hits: 123
.... property right of purchasers should not be taken away by a decision of this Division where a substantial number of them are not even involved in this dispute. Article 102 cannot be used to take away fundamental rights to be treated in accordance with law under Article 31 and the right to property u......tection. The focus is on the existing human rights. There exists a raging debate on whether one should recognize an actual and independent right to a satisfactory environment as a legally enforceable right. This would obviously shift the emphasis on to the environment and away from the human rights...
Category: Environmental Law | Date: | Hits: 434
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
.... do that real justice for administration of which alone it exists. Under section 151 of the Code Court acts ex debito justitiae according to equity, justice and good conscience and in consonance with fundamental principles of Judicial procedure. A plaint may be rejected under the provision of Orde......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ioners came to learn that their illegal trial and punishmentwere discussed at the meetings of the formation commandersled by Major General Ziaur Rahaman at the relevant time. Breaking all ethos of fundamental rights, the so called martiallaw tribunal concluded the so called camera trial and convi...... allowed to feel through the long march ofuntruth in this country.” (Syed Badrul Ahsan, “Colonel Taher,Lifschultz & Our Collective Guilt”. The Daily Star, 26 2006.) Ahsan was only partly right. When he called the Tahercase “murder pure and simple”, he left out the element ofpremedit..Category: Criminal Law | Date: | Hits: 154
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....n element of consciousness in the person charged with the offence………………………………(62) Possession as a test or an element of crime must be of such character as can relate to the fundamental principle of "mens rea" in Criminal Jurisprudence. The animus must be there and the "men......nour is at liberty to make assessment of the evidence. If corroboration from other sources is, available to the evidence of a hostile witness there is no reason why his evidence should be rejected outright. In State of Uttar Pradesh Vs. Chat Ram AIR 1985 (SC) 1543 = 1989 SCC (Cri) 388 = (1989) 2 SCC..Category: Criminal Law | Date: | Hits: 83
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....aking of elaborate evidence.………………..(12) Conduct of writ petitioner In invoking the writ jurisdiction, the writ petitioner's conduct must be clear and clean. The seeker of enforcing fundamental right must be of clean hands. The invoker should not move to any jurisdiction before inv......encouraged. Since the petitioner moved the civil Court earlier before filing of the writ petition, he, under law, cannot move this Court in writ jurisdiction on the ground of violation of fundamental right. As such, we hold that this writ petition is also bad for this reason. In the result, the Rule..Category: Property Law | Date: | Hits: 69
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....hidullah and other………………………Appellants Vs. The State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....cluded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal(authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detaining au......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....sion should not be over burdened with such cases. An aggrieved person out of desperation or just taking a sportive chance may invoke the summary trial under writ jurisdiction alleging infringement of fundamental right which ultimately may turn out to be frivolous or not even remotely attracted to hi......al of value of the right given under Article 102 is not frittered away or misused as a substitute for more appropriate remedy available for unlawful action invoking no infringement of any fundamental right...............................(14) Administrative Tribunal has every jurisdiction to deal w..Category: Administrative Law | Date: | Hits: 455
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....t fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nds abated/revoked in compliance with section 12 of the Ordinance should not be declared as unlawful and without lawful authority and is of no legal effect and unconstitutional being violative of the fundamental right of the petitioners guaranteed by Articles 27, 31, 40 and 42 of the Constitution, a......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
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