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Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... with the contention that RAJUK is not a necessary party in the facts and circumstances of the case. 7. Mr. Zulhas Uddin Ahmmed, the learned advocate appearing for the petitioner, submits that the fundamental issue in this case is whether respondent no.5 being a Word Commissioner of Dhaka City Co.......5 being a Word Commissioner of Dhaka City Corporation has got any lawful authority to give a decision on a dispute where there are claim and counter claim with regard to title, boundary and easement right. 8. The learned advocate further submits that the বিরোধ মীমাংসা (à¦..Category: Civil Law | Date: | Hits: 74
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....y prosecution witnesses, any deviation from the FIR story makes the prosecution case doubtful casting serious doubt as to the credibility of prosecution witnesses……...........………(60) The fundamental principle underlyÂing in section 342 of the Code of Criminal Procedure is that the accu......tant case the circumÂstances and evidence raise doubt as to the genuineness of the prosecution case and the accused appellants are entitled to get benefit of doubt not as a matter of grace but as of right. 66. In such a situation a question that arises for consideration is whether the presiding ..Category: Criminal Law | Date: | Hits: 84
....ision the following propositions have been laid down:
(i) The High Court Division does not suffer from any lack of jurisdiction under Article 102 of the Constitution to hear a person;
(ii) If a fundamental right is involved, the impugned matter need not affect a purely personal right of the ap......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
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Category: Others | Date: | Hits: 113
.... Article 117 of the Constitution i.e. his grievances to that effect have to be made before the Administrative Tribunal………….(9)
A person in the service of the Republic who intends to invoke fundamental right for challenging the vireos of a law will seek his remedy under Article 102(1), but......alue of (he right given under Article 102(1) is not frittered away or misused as a substitute for more appropriate remedy available for an unlawful action involving no infringement of any fundamental right." (Underlined by us)
10. This principle of law has been echoed in the decision of Delowar H..
Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....be termed as "statutory public authority". Article 9 of the Constitution provides that State shall encourage local government institution composed of representatives of the areas concerned which is a fundamental principle of state policy. To give effect to these fundamental principles of state polic......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
.... and others are, as a result of an erroneous interpretation and/or definition in the 1982 Ordinance inconsistent with the letter and intent of Article 122 of the Constitution, being deprived of their fundamental right to vote as guaranteed by Articles 121 and 122 of the Constitution. It is also subm......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....he submits that Family Courts Ordinance is available only to the Muslims. Mr. SS Halder submits that Article 41 of the Constitution of the People’s Republic of Bangladesh has given a right which is fundamental in nature to the citizen to profess, practice or propagate any religion and the same rig......mily Courts Act has only changed the forum, altered the method of the trial and empowered the Court to grant better remedies. It has brought only a procedural change without affecting the substantive right. Mr. SR Paul relying on this decision submitted that a separate forum has been created and we ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....d should be afforded a free and fair opportunity for explaining the evidences and circumstances against him. Section 342 of The Code is the mandatory provision for procedural law and a departure from fundamental principle of section 342 of The Code causes prejudice to the accused. It is eminent that......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
.... highly interested police witnesses. It will be hazardous and, also dangerous to base conviction and sentence only on the strength of accounts furnished by Police personnels. 7. This tasks us to a fundamental aspect of prosecution case imprinting a doubt of fundamental nature in the righteousness......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
....tion was not annexed with the application though the Trial Court has recorded specific findings on those issues but the Appellate Court has totally failed to reverse those findings and thus committed fundamental error of law which is an error in the decision occasioning failure of justice.
12. Th...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
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Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....ion of Article 36 of the Constitution, to do otherwise would be to allow the Government to pick and choose people from leaving the country at their will. This would clearly put a clog in the citizens fundamental rights which is not desirable for any one. If the Government wants to stop the Petitione......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... case of Abdul Kader Mirza Vs. Bangladesh, reported in 56 DLR 31, their Lordships in answering the question whether the notification for transfer of a case to Druta Bichar Tribunal is vocative of the fundamental rights guaranteed under Articles 27, 31, 32 and 35 of the Constitution, were of the opin......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... to make good the loss and damage suffered by the plaintiff. He submitted that the BSC issued "Clean Shipped on Board" BS/I dated 20-10-1999 for the cargo in question, but loaded the cargo on deck in fundamental breach of the contract. He submitted that the fact the vessel had encountered severe sto......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
.... lend support to prosecution version as programmed in First Information Report and attempted to be proved through lips of P.W. 1, P.W. 2, P.W. 3 and P.W. 4. By Texts of General Diary Entry a doubt of fundamental nature appears to have been implanted in the righteousness of prosecution case as tabled......ean our is at liberty to make assessment of the evidence. If corroboration from other sources is available to the evidence of hostile witness, there is no reason why his evidence shall be rejected outright. If the evidence of the hostile witness fits in with the attending circumstances, then it may ..Category: Criminal Law | Date: | Hits: 85
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....eight, absence of corroboration notwithstanding." 52. In Vishaka Vs. State of Rajasthan AIR 1997 SC 3011, the Supreme Court of India, in the exercise of the constitutional power for enforcement of fundamental rights, laid down guidelines and norms to provide for the effective enforcement of the b...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ere is no scope for giving it an extended meaning and include 'Special' or 'Additional' District Judge within the definition of "District Judge" by legal fiction or by parity of reasoning. One of the fundamental principles of interpretation of statute is that they are to be construed according to th......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....ubject, an order under section 3 of the Special Powers Act would be illegal unless the authority makes a lawful order. If a habeas corpus petition is filed, the Court may release the detenu since the fundamental principle is that a person cannot be deprived of his liberty on the basis of an arbitrar...... correctness of the decision pronounced for the power to decide necessarily carries with it the power to decide wrongly as well as rightly." 16. A Court has jurisdiction to decide wrong as well as right. If it is decided wrong, the wronged party can only take the course prescribe by law for setti..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... given emphasis on the fact that it is the Government who chooses the cases, the Courts and the Judges. So, according to him, this unfettered power as given to the Government not only is violative of fundamental rights but it also amounts to interference with the conception of independence of judici......irul Islam. 20. When our Constitution itself provides that a person accused of an offence shall have a right to get a speedy trial, it is the duty of the Parliament to enact the law to ensure such right. The learned Attorney-General has explained that the instant Ain was enacted with that end in ..Category: Criminal Law | Date: | Hits: 177
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