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Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....d that the impugned judgment and order is a colourable exercise of power of the respondent No. 6 conferred by the said Act and having not been made in accordance with law the same is violative of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution. 5. By filing affidavi......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....nd collection of excise duty are arbitrary and malafide. The aforesaid determination of capacity by the impugned notifications being arbitrary, oppressive and unreasonable the same are violative of fundamental right of the petitioners and as such are to be declared illegal and without any lawful a......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....the cancellation of one, two designs must be identical in every aspect. It would not be right to adopt the view that slight trade variations in the concerned design can throw away the totality of the fundamental features of the two designs. No design shall be accounted new or original if it only dif......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....pment work could not be carried out on the land of the petitioner which is in his exclusive possession and in which he has an inalienable right. Mr. Ruhul Amin finally submits that the petitioner has fundamental right to hold a property which cannot be trampled or sacrificey by so‑called theory of......pugned order without considering facts that the alleged development work could not be carried out on the land of the petitioner which is in his exclusive possession and in which he has an inalienable right. Mr. Ruhul Amin finally submits that the petitioner has fundamental right to hold a property w..Category: Civil Law | Date: | Hits: 93
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....le in our constitutional scheme, two diverge types of situations reflected vide Article 102 (1) and Article 102(2) respectively, as to the availability of judicial review, depending on whether or not fundamental rights are engaged, no such distinction, for obvious reason, exists in the English judic......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....case, a division bench of this Court also held (at para 17 & 18) that in such situation the petitioner can directly come to the High Court Division under Article 102(1) for enforcement of his/her fundamental right to property guaranteed under Article 42 of the Constitution. 13. There is no su...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....ocuments are not at all maintainable but the Courts below on the face of such record have failed to notice those infirmity in the framing of suit and having decreed the suit both the Courts committed fundamental error of law which is an error in the decision occasioning failure of justice. 16. On......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....tution of the People's Republic of Bangladesh which was passed by the 6th Parliament of Bangladesh introducing in the Constitution the concept of non-representative government violating the basic and fundamental concept of democracy and also in violation of the mandatory provisions of Article 142(1A......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... going to be sold in auction pursuant to the said notice. It has been contended that section 12 of the Artha Rin Adalat Ain, 2003 is arbitrary, malafide and unlawful inasmuch as it has taken away the fundamental rights of the petitioner to enjoy his property and the petitioner will be denied to avai......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....inal vendor and expressed the view that in the former, the right of pre-emption is enforceable subject to the condition for reconveyance, but in the latter, right of pre-emption is not available. The fundamental question therefore would be whether the transfer which is sought to be pre-empted, sub......original vendor. In the former it has been held that as soon as the transfer is effected a right to pre-empt accrues to the co-sharer tenant and any subsequent transferee must take it subject to that right. In the latter, it has been held that as soon as a transfer is made a right to pre-empt immedi..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....lso very much an English Common Law requirement that judicial review may not normally be available where alternative, effective, statutory remedies are in hands, as depicted above. In any event, when fundamental right is invoked, question of alternative remedy becomes a matter of discretion only bec...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....of 1972) along with several other Presidential Orders have been preserved and protected against any challenge on the ground of any conflict with the provisions of the Constitution, particularly the fundamental rights of the citizens.
Since it is not necessary to hold whether, the Acting Presi......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
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Category: Others | Date: | Hits: 154
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....pon consideration of the materials on record correctly held that the suit is barred by limitation but the Appellate Court has not reversed this specific findings of trial Court and thereby, committed fundamental error of law occasioning failure of justice. 10. The learned Advocate for the petitio......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....earing for the respondent has, however, submitted that the appellant having not followed the provision of law in the matter of consideration of an application to import the duplex board affecting his fundamental right to trade in view of the SRO No.542-L/84/885 CUS dated 10.12.1984 for temporary imp...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... the suit, be added. In dealing and considering the application both under Order 22, rule 10 or Order 1, rule 10(2) the court has to exercise the discretion judicially and also in consonance with the fundamental principles of judicial procedure. 13. On perusal of the application filed under Order......be bound by the proceeding taken by the parties in whose favour the decree is passed in execution of the decree and justice requires that such purchasers should be given an opportunity to protect his right. I am in respectful agreement with the principle of law enunciated by their Lordships of the S..Category: Procedural Law | Date: | Hits: 74
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
.... proposed amendment for proper and complete adjudication of the suit which do not appear to be inconsistent, irrelevant, immaterial or contradictory of the facts of the plaint. I find that one of the fundamental principles governing the amendment of the pleadings is that all the controversies betw......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....The petitioner is an Additional District and Sessions Judge and the Secretary-General of the Bangladesh Judicial Service Association. He is a conscious citizen of Bangladesh. He is keen to uphold the fundamental rights of the citizens enshrined in the Constitution of the People's Republic of Banglad......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....the proceedings which was the only order that could be passed under Article 102 of the Constitution in view of the finding that there had been miscarriage of justice and non-observance of some of the fundamental principles of Criminal Trials. 2. The appellant was arrested on 3rd December, 1975 ......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...Category: Criminal Law | Date: | Hits: 91
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....the amendment in the instant case does not change the nature and character of the suit which must refer to the foundation on which a suit is based and not the prayer in the plaint that determines its fundamental character. The amendment in question is merely an additional relief for re‑arrangement......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... issuing any notice and without giving and opportunity of being heard to the contesting defendants, at whose instance the impugned order was made by the learned Subordinate Judge. This is against the fundamental rule of judicial procedure and contrary to the normal practice as has developed in sup...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
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