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Displaying 321-340 of 772 results.
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
.... those two persons voluntarily, intentionally and in calculated manner, caused the death of Lechu Bibi". The learned Advocate submitted that the learned Court based his finding totally ignoring the fundamental principle of criminal Jurisprudence and provision of section 101 of the Evidence Act, pr......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....rom arriving at a theory of actual happenings, if this can be fairly done on all the evidence. But this is not permissible, when the prosecution story about the occurrence is found to be false in its fundamental aspects. It will then be seldom possible to accept the evidence of the witnesses who ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....Mrs. Saju Hossain. She only wishes to use the reputation of Ittehad, built by Mr. Oli Ahad, using all her unholy power. (viii) The order dated 12.08.2010 was passed Board in clear violation of the fundamental rights of Mr. Oli Ahad as guaranteed under Article 29, 31 and 39 of the Constitution. ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....hat the accused persons are the proper person to explain as to how the death of Monowara took place. In reply the learned Advocate for the appellants submits that this argument is totally against the fundamental principle of criminal jurisdiction and provisions of section 101 of the Evidence Act pre......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
.... is so excluded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure." The other dicta of importance have been laid down ......o the 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." In the case of Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain PLD 1949 Lahore 301, the Fu..Category: Labour and Industrial Law | Date: | Hits: 179
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....tated that the plaintiff’s case (petitioners) was not accepted and all the Courts below correctly decided the matter. 6. Mr. Shahidul Alam Chowdhury being confronted with the question as to what fundamental rights of his client has been violated by the impugned order calling for invoking the re......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....tioner further states that because of the inordinate delay in replying to his application dated 27-10-97 he is deprived of his right to participate in the Bar Council election held on 25-5-97 and his fundamental right guaranteed under Article 38 of the Constitution has been violated. 2. Mr. Md. M......ociation for renewal of his membership the period for 5 years during which he was not practicing will not apply in his case. Matter did not rest there; he went before the Bar Council to vindicate his right. The Bar Council directed him first that he should be a member of the Dhaka Bar Association an..Category: Others | Date: | Hits: 143
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....is mala fide s was actuated by malice of the persons who were inimical to the petitioner. The petitioner further alleged that the order of cancellation of the lease by the respondent has violated the fundamental right of the petitioner guaranteed by the Constitution of the People's Republic of Bangl......otivated. He has submitted that the petitioner had acquired an inchoate right of lease of the cafeteria in his favour and the respondents representing the sovereign State could not infringe upon such right. He has submitted that the authority did not reserve any right to reject the proposed lease in..Category: Property Law | Date: | Hits: 133
....mal growth of the Local Government Institutions, as has been enshrined in Article 9 of the Constitution of the People's Republic of Bangladesh and that the said provision being violative of the fundamental rights of the petitioner, guaranteed under Articles 27, 29 and 31 of the Constitution, i...... fundamental right, but it is conferred by Statute, which also regulates its exercise. Thus, the impugned provision cannot also be challenged on the ground that it has infringed the fundamental right. The learned Attorney-General has also submitted that the object of the legislation is to cr..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....407 in which this Court decided that even in the presence of the alternative remedy the petitioner instead of the going to the Administrative Tribunal can come before this Court for the protection of fundamental right and equal opportunity of the service in Republic of Bangladesh. However, in the ab......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....t PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of th......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ch according to the learned Counsel has converted an election to mere selection, at the instance of one person and one quarter which is repugnant to the concept of democracy and of free election. The fundamental rights of the Members of the Parliament to exercise their choice has been violated. The ......ey-General appearing for the State supporting the judgment delivered by Fazle Hossain Md. Habibur Rahman, J summarily rejecting the petition, submitted that the right of voting is not a fundamental right. It is nowhere guaranteed in the Constitution but it is a right given by statute and having be..Category: Constitutional Law | Date: | Hits: 414
....e and corruption and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental rights which guarantee fair play in business and other trade.
3. An affidavit-in-oppo......gation against the Respondent No.1, the petition is not maintainable as Article 102 of the Constitution is not available for enforcement of a contract and is meant for vindication of a Specific legal right. In support of their contention they have placed reliance on a number of decisions namely, Rad..
Category: Others | Date: | Hits: 227
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....ltala Sweeper Colony by respondent No.1 and as such attempt for his eviction from the said accommodation on 20‑4‑89 without prior notice and by force is not only illegal but also violative of the fundamental right to life and human rights under the Charter of the United Nations. 3. Learned ad......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....pecifying the duties of the Commissioners elected in the general seats and in the reserved seats. 18. Mr. Md. Ozair Farooq, Advocate, submitted on behalf of the respondent No.3 that in view of the fundamental principle of State policy contained in Article 10 of the Constitution, the provisions fo......r in spite of acceptance of the concept of equality of sexes in all spheres of human faculties including in the elected offices not only as a matter of principle but also as a definite constitutional right. There may be a number of reasons for their such loss of enthusiasm and lack of interest and i..Category: Constitutional Law | Date: | Hits: 443
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....her submitted that the ground No.2 is alleged to have been stated by the detenu after the impugned order was passed and so it cannot be a ground for detention made earlier. He also submitted that the fundamental rights of the detenu have been grossly violated and he had not been dealt in accordance ......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... or pruned its branches in a cruel manner. The dead tree cannot be brought back to life through any mechanism, not even the intervention of the constitutional Court. 13. Mrs. Sigma Huda raised the fundamental question maintainability of the writ petition itself, contending, inter alia, that Hasan......set to produce the movie in 1983, backed out just weeks before the cameras were to roll. To head off a storm, Universal took the unusual step last January of hiring Penland to calm down the religious right. But Penland resigned in June, charging that Universal had reneged on a promise to let conserv..Category: Civil Law | Date: | Hits: 210
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....lved in the Delhi Treaty because he had raised a constitutional issue of grave importance involving an international treaty affecting the territory of Bangladesh and posing an impending threat to his fundamental rights under Article 36 of the Constitution and his right of franchise. These rights, at......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....constitutions ensures the independence and impartiality of the Judges of the Supreme Court. The learned Counsel elucidated his argument reading out the preamble of the Constitution laying stress that fundamental principles of the state policy aiming at the realisation through the democratic process ......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ut even then none of them moved personally, but the Consideration would have been different if any organisation representing a weaker section of the Society had come to complain about a breach of any fundamental right of its members or any public wrong done to the members generally in breach of any ......nt in the petition that Anup Chetia is “a less fortunate fellow” of the petition. Nowhere within the four corners of the petition it is stated that Anup Chetia is also unable to vindicate his own right. Secondly, no wrong has been done by the Government or a local authority of Bangladesh in not ..Category: Constitutional Law | Date: | Hits: 421
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