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Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... relieved the private universities from paying VAT, in exercise of power as provided under section 14 of the VAT Act, 1991 which is a glaring instance of discrimination and thus, violative of their fundamental rights as guaranteed under Articles 27, 29 and 31 of the Constitution. 10. Ms. Ama......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....cle 102(1)(2) (a)(ii), Article 102 Power of High Court Division to Issue Certain Orders Directions— Article 102(1) comes into play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the avai......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
....will tantamount to tampering with democracy, which is a basic feature of the Bangladesh Constitution.
303. Moreover, the BJI has been established and is run by its members in accordance with the fundamental right of freedom of expression as enshrined in Article 39 of the Constitution;......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....to encourage militancy in its members culminating in modern day 'jihad' and various shades of fanaticism and extremism in gaining political power which is opposed to law, Constitution and the fundamental tenets of Islam itself.
4. The second limb of their case is that the BJI is opposed......4, the constitutionality of the Delhi Treaty of 1974 seeking to demarcate the land boundary between Bangladesh and India in certain areas was challenged by an Advocate as violative of his fundamental right. The Appellate Division while maintaining his petition made the following observation:
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....bour Court either under section 33 or section 213 of the Act. The present Respondents having invoked section 213 of the Act in instituting their respective cases before the Labour Court stressed that fundamental to that choice of jurisdiction has been the fact of the plaints being filed on dates whi......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....y where vires of a statute is in question or where the determination is malafide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an act or where the statute is intra vires ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
.... further submits that refusal to issue a MRP Passport in favour of the petitioner will amounts to deprivation of personal liberty. 5. The respondents contested the Rule mainly on grounds that no fundamental right of the petitioner had been infringed as there are some criminal cases are pending ......residing in Bangladesh, completely prevents him from traveling abroad. If a person living in Bangladesh has a right to travel abroad, the Government by withholding the passport can deprive him of his right. 17. In this gesture we may emphasis on article 32 of the Constitution. Article 32 r..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....at is shown to have prejudiced the accused. 13. In Shivagi Vs. State of Maharashtra, AIR 1973 SC 2622, K. Iyer, J. speaking for the Supreme Court observed: It is the law, nevertheless fundamental, that the prisoner's attention should be drawn to every inculpatory material so as to e...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....s further contended that the Company Court failed to notice that it having found that the petitioner's petition for protection as minority shareholder was outside its jurisdiction, it had committed fundamental error in directing for encashment of the FDR and apportionment of the said amount amon......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....und to consider all aspects including the results sought to be achieved and the public good at large, because while considering the applicability of the doctrine, the Courts have to do equity and the fundamental principles of equity must for ever be present to the mind of the Court, while considerin......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....said decision and decided to proceed with the appeals, it would have been perpetuating a discriminatory treatment towards the petitioners (respondents in the appeals) in clear violation of their fundamental rights of equality before law and equal protection of law as guaranteed in article ......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....to prove the charge; and the inmates of the house who are near ones of the accused normally do not want to depose against the accused and try to suppress the real incident. There is a subtle but fundamental distinction between the degree of certainty required in cases where the burden of provi......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....e to prove the charge; and the inmates of the house who are near ones of the accused normally do not want to depose against the accused and try to suppress the real incident. There is a subtle but fundamental distinction between the degree of certainty required in cases where the burden of provi...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....ld: — "Accused presumed to be innocent of the charge till guilt is established by legal evidence No particular number of witnesses legally required to prove the offence. The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
....om service in the name of plaintiff-petitioner without giving any show cause notice upon him. The plaintiff-petitioner also did not get any opportunity of being heard which is illegal and against his fundamental right and natural justice. It was also asserted by the plaintiff-petitioner that he is a...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
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Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....tion banks upon a charge of criminal conspiracy, the conspiracy being the sheet anchor of the incident, which was hatched up first and in pursuance of this conspiracy the murder was caused, it is the fundamental principle to consider whether the prosecution has been able to prove the charge of ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....he court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's pro......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....d-appellant was not explained the sum and substance of the prosecution evidence against him. Provision of section 342 of the Code being a mandatory provision of procedural law, the departure from the fundamental principles of the said section causes grave prejudice to the accused. Since the accused-......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....slative power is vested with the Jatyo Sangshad, executive Power with the Prime Minister and his cabinet and Judicial Power in the Court. The power of each of the three organs have to be exercised as fundamentally subject to the provisions of the Constitution relating to that organ individually as w......r and contents are derived from their context” 22. Thomax Huxlay said, “It is not who is right, but what is right, that is of importance : “We must learn what is true in order to do what is right.” It is the duty of the court of law to find out the “right” and to say so without any h..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
.... fatal constitutional infirmity in the punishment of death is that it treats ‘members of the human race as nonhumans, as objects to be toyed with and discarded. It is thus inconsistent with the fundamental premise of the Clause that even the vilest criminal remains a human being possessed of c......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
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