Search Options
Judgment Advanced Search
Displaying 341-360 of 772 results.
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ns as follows: “No person shall be deprived of life or personal liberty saves in accordance with law.” 26. Mr. Attorney-General submits that these Articles 31 and 32 of the Constitution are fundamental human rights guaranteed by our Constitution. So, right to life and body is protected und......any way offend any provision of the Constitution. 42. Mr. Ishtiaq Ahmed further submits that this Indemnity Ordinance of 1975 is a procedural law and such a procedural law cannot create any vested right. The effect and result of such a procedural law can be taken away subsequently by legislation ..Category: Criminal Law | Date: | Hits: 202
....diction is so excluded, the Civil Courts have jurisdiction to examine 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. Mr. Ariff also referred to a decision in the case of R......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....retained in service which is a clear case of "Pick and Choose" and "Double Standard". The order of retirement of the petitioner has constituted discrimination in clear violation of the petitioner's fundamental rights guaranteed under Articles 27 and 31 of the Constitution. It is further stated tha......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....has amassed property disproportionate to his known sources of income by improper means. It cannot be conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for taking penal action against persons who have amassed proper......tions. In the case of Mostafizur Rahman Vs. Bangladesh reported in 49 DLR 599 to which one of us was a party, it has been held that initiation of such a proceeding is not violative of the fundamental right. 17. Though exactly this question was not directly raised in the case of Santosh Bhusan Das..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....istrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
....h directions 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.
(ii) declaring that any act done or......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
..
Category: Property Law | Date: | Hits: 85
....ak Union are citizens of Bangladesh. Their right to form association or union is guaranteed under Article 38 of the Constitution. Article 38 is under Part III of the Constitution which deals with the fundamental rights guaranteed under the Constitution. We have given our anxious consideration to Art......n. In Khulna Shipyard Employees Union a similar view was taken that if any right of worker is infringed he may go to the Labour Court straight under section 34 of the Ordinance for enforcement of the right. In this case before us the appeal under section 8(3) of the Ordinance was competent before th..
Category: Labour and Industrial Law | Date: | Hits: 171
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....epartment and communicated by the respondent No.2 to respondent No.3 vide Memo No. SHOMO/UNI-4/1 (26)- 1/97-71 dated 17/06/97 issued by the respondent No.1 should not be declared to have violated the fundamental rights of the petitioner as guaranteed in Article 29 read with Articles 27 and 31 of the......the Administrative Tribunals have been given a supplemental or an additional role to the High Court. It has in no way substituted or taken away the jurisdiction of this Court invoking the fundamental right. Therefore even in the presence of an alternative remedy, the petitioner, instead of going to ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....Law to review the provisions of section 199 of the Code of Criminal Procedure, 1898, that was enacted long before adopting the Constitution of the People's Republic of Bangladesh, guaranteeing some fundamental rights to each citizen of the country. Whereas, the provisions made in section 199 of th......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....— "Further pledging that it shall be a fundamental aim of the State to realize through the democratic process a socialist society, free from exploitation— a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....xes on the basis of enhanced tariff value, duty and Lax by virtue of SRO dated 18.6.88 and 15.6.88 vide Annexures-B 4 and E made by the Customs Authority is illegal, unconstitutional and violative of fundamental right as such, the order should be declared to have been passed without any lawful autho...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... like to discuss what is the public policy. As per Black's Law Dictionary public policy meaning is (1) Broadly, principles and standard regarded by the legislature or by the Courts as being of fundamental concern to the state and the whole of society. "Courts sometime use the term to justif...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....itself and we are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discretionary jurisdiction for enforcement and protection of fundamental rights of an aggrieved person. In the case of rights other than fundamental right the Hi......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....uran easy to understand and remember: then is there any that will receive admonition?" Quran itself prescribes its rule of study; "He it is who has sent down to the Book: in it are verses basic or fundamental. They are the foundation of the Book: others are allegorical. But those in whose hearts ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....helpful for interpretation of the Constitution, that we, the people of Bangladesh having proclaimed our Independence on the 26th day of March, 1971 ........................pleading that it shall be a fundamental aim of the state to realise through the democratic process a socialist society, free fro...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....picion, however strong it may be, is not a substitute for evidence on which to base a conviction. 32. The accused must be presumed to be innocent unless he is found to be guilty. This is the basic fundamental of the criminal jurisprudence. The accused are not required to prove their innocence, it......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....tern end of the Hatkhola over-bridge has threatened closure of the business of the petitioners and the respondents have no right to do so. His next contention is that such construction would obstruct fundamental right of the petitioners as guaranteed under Article 31 and 40 of the Constitution. He s......ht of the petitioners as guaranteed under Article 31 and 40 of the Constitution. He submits that the construction is not indispensable and that can be abandoned in consideration of the petitioners’ right. He also contends that in the event of allowing such construction the petitioners will be depr..Category: Civil Law | Date: | Hits: 117
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....ts or equivalents and thus became entitled to get the scale. Giving benefit to some and denying the same to others under the same agreement and service condition, is not only illegal but also offends fundamental rights of the respondents guaranteed under Articles 28 and 29 of the Constitution. We th......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
....submits that the Government may institute suit for recovery of abandoned property if those were not included in the list. He next submits that equals are not being treated equally. So, it offends the fundamental right of equality clause as guaranteed under Article 27 of the Constitution. Mr. Farooqu....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
71987192717671687167715271387134713371297126711471137109709870967077707370647061