Search Options
Judgment Advanced Search
Displaying 301-320 of 772 results.
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....nd created one. 35. Leaving aside Sale Certificate there are other documents in support of auction Purchase by Plaintiff-Petitioner Hari Rani Basak. Writ of delivery of possession, Exhibit 3A is a fundamental document indicating that Modon Mohan Basak and Gokul Chandra Basak had been Judgment Deb......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
.... demand made upon the petitioner should be on the basis of Regulatory duty as contained in Section 3A(a) of the Excise and Salt Act, 1944. The petitioner further contended that right to trade being a fundamental right guaranteed under the Constitution and that Article 83 of the Constitution of the R......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....y to appeals against conviction and appeals against acquittal. The Code makes no distinction between the powers of appellate Court in regard to two categories of appeals and court will have regard to fundamental principles of Criminal Jurisprudence that there is presumption of innocence in favour of......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....his amendment is necessary for the determination of real question in controversy. 25. Amendment can only be refused if it introduces a totally different, new and inconsistent cause, or changes the fundamental character of the suit or such amendment will take away from other side a legal right acc......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....ing of the trial Court had prejudged the suit which is tantamount to the disposal of the suit and in view of such findings the High Court Division affirming the order of the trial Court has committed fundamental error of law. The learned Advocate further contended that the High Court Division has......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256...Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....ficials of the department of respondent No.3. The provisions of Saw Mills License Rules, 1998 is repressive, unfair, unreasonable and in violation of the principles of natural justice and in beach of fundamental rights of a citizen as enshrined in the Constitution. The Rules do not have single provi......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....e his letter No.ASP (PF-Ma) 87/2491 dated 01.09.2005 though he is the highest appointing authority in his case too. It also reflects his evil motive and double standard treatment which is against the fundamental right of equality. The Chairman also promoted two more Managers namely: Abul Kashem and ...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
.... respondents political and social status and their superior mode of living. Their only objection is that since they are suspected accused under the International War Crimes Tribunal they cannot claim fundamental right guaranteed in Part III of the Constitution. Part III of the Constitution guarantee......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...Category: Criminal Law | Date: | Hits: 95
....ding before taking such decision under section 19 or 21 had ever been taken by the authority in that respect and, as such, the impugned order is passed without any lawful authority being violative of fundamental right of the petitioner as guaranteed under Article 27, 31 and 40 of the Constitution.
......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....t both the trial Court as well as the High Court Division did not apply it’s judicial mind in believing the date of knowledge of the pre-emptor. 22. The High Court Division has committed another fundamental error in disturbing the finding of fact on the point of date of knowledge, inasmuch as, ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....opportunity of being heard was given to the petitioner before or immediately after passing the impugned order. Hence, the said order is arbitrary and mala fide and it was violative of the petitioners fundamental rights guaranteed under Articles 31, 32, 36 and 40 of the Constitution and that the said......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....by a lawyer in a case charged under section 302 of the Penal Code, being punishable with death, is an inalienable right guaranteed in the law of our land and if any trial takes place in refusing such fundamental right the trial is a misnomer and the judgment passed in such trial convicting an accuse......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....47 days’ training out of 60 days the writ respondents were bound to allow them to complete the remaining 13 days of training inasmuch the writ petitioners have acquired legal, vested right and have fundamental rights to complete the course and to sit for examination. Upon hearing Writ Petition......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
....h ago which meeting was never adjourned for further discussion, respondent Nos.2 and 3 ought to have refrained from recommending respondent No.4 in preference to the petitioner as it infringed the fundamental right of the petitioner guaranteed under Articles 27 and 31 of the Constitution as the......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
..
Category: Others | Date: | Hits: 207
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... and discipline. With your financial assistance two organisations namely, Ershad Mukti Parishad and Sangrami Chatra Shamaj have been formed and these two organisations jointly, on the plea of law and fundamental rights preservation committee, brought out a procession and tried to enter into the prec...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....espondent No.1. He further submits that in the instant case he is praying for enforcement of Articles 27 and 29 of the Constitution in favour of the petitioner. Since he is praying for enforcement of fundamental right and since he is, in fact, praying for directing the respondent No.2, National Boar......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....icial within the meaning of the Special Powers Act. The detention is in violation of Article 31 of the Constitution, malafide, arbitrary and has been made without any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of ......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....ght. To give a particular name to a newly created Division on the authority of section 2(1) of the Bengal Revenue Commission Regulations, 1829 (Beng. Rev. No.1 of 1829) in no way infringes any of the fundamental rights envisaged in Part III of the Constitution of the People's Republic of Bangladesh.......ur jurisdiction under Article 102 the petitioner is to establish that he has a legal or constitutional right to maintain this petition. Secondly, he is a person aggrieved for infringement of his such right. The petitioner fails to establish such far less infringement of any right. To give a particul..Category: Constitutional Law | Date: | Hits: 247
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....several amendments the US Constitution the Supreme Court of India held: "It, therefore, follows that neither by invoking the spirit of our Constitution nor by a strained construction of any of the fundamental rights can we spell out the exclusion of evidence obtained on an illegal search." 25.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....ation to the principal matter to which it stands as a proviso. To treat the proviso as if it were an independent enacting clause instead of being dependent on the main enactment is to sin against the fundamental rule of construction, as observed by Moulton, L.J. in R.V. Dibdin, (1910) (Prob. Dn.) 57......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
77447743772977127709770877057702766776447603756175507536753475337525751275007498