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State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....dian Administrative Tribunals, in exercise of a more comprehensive jurisdiction under Article 323A, strike down any law or rule on the ground of its Constitutionality. A person, who intends to invoke fundamental right for challenging the vires of a law will seek his remedy under Article 102(1), but ......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
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Category: Employment/Service Law | Date: | Hits: 91
....rs upon which the learned Attorney-General is relying, but those two alleged confidential reports are so vague, indefinite, unspecified which, in our opinion, cannot be the grounds for curtailment of fundamental right of liberty of the detenu under the cover of preventive detention. It further appea......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....he will of the people, the supreme law of the Republic and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void. This provision of fundamental law is expressed in the Article 26(1) of the Constitution under Part III, Fundamental Ri...... Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o..Category: Family Law | Date: | Hits: 185
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
.... petitioner cannot be said to be defaulter. At any rate this question of fact ought to have been resolved by the Returning Officer or by the Thana Nirbahi Officer. To participate in any election is a fundamental right of a citizen but to deny such right there must be some clear and specific law and ......ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ..Category: Election Law | Date: | Hits: 153
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....ons Judge most illegally cancelled the bail of the petitioner without having regard to the law and the decision of the apex Court. 14. He next submitted that the High Court Division also committed fundamental error of law in not considering the fact that once the privilege of bail is granted and ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....orporate character of the company under the Companies Act, this Division in the case of Punjab Ali Vs. Mohd. Mokarram Hossain (1977) 29 DLR (AD) 185, has held that an incorporated company has got the fundamental attribute of a corporate personality which is entirely distinct from that of its membe......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... of English law as laid down by Lindley L J. in delivering the judgment of the Court of Appeal in the case of Lauri Vs. Renad, (1892) 3 Ch. 402 at page 421, may be usefully referred to: “It is a fundamental rule of English Law that no statute shall be construed so as to have a retrospective ope...... water and also because the right of accretion to which the riparian owner to whose land this newly appearing land was joined by recess of water, was entitled, was not in derogation of anybody else's right. This right could not be claimed in defeasance of an owner's right to reformation in situ. ..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....the prayer for partition which was allowed by the learned Subordinate Judge? The answer again must be no, because the principle is that the nature and character of a suit do not change so long as the fundamental character of the suit remains the same. ” 21. In the above case, this Division has......ority. After the death of those persons, the petitioners, pro forma respondents and the villagers of the respective villages had been enjoying the possession of the suit ponds claiming their easement right. The suit pond measuring 1.93 acres appertaining to C.S. Khatian No.17 containing Plot No.709 ..Category: Procedural Law | Date: | Hits: 100
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....have assaulted the victim Nazrul Islam and others. 20. The allegations against the accused appellants have no legal value unless these are substantiated by cogent and reliable evidence. 21. The fundamental and basic presumption in the administration of Criminal Law and justice delivery system ......ts case, more so, the version put forward by the defence has a reasonable possibility of being true. Hence the accused is entitled to get benefit of doubt, not as a matter of grace but as a matter of right. 46. In our country a witness has a tendency to exaggerate, embroider and to implicate some..Category: Criminal Law | Date: | Hits: 66
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....m the petitioners, invoices should not be declared to be without any lawful authority and are of no legal effect and to declare such action as unconstitutional and being violative of the petitioners' fundamental rights guaranteed under Articles 27 and 31 of the Constitution." 4. At the time of i......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t be taken as true and voluntary. The learned Counsel further contended that the appellant was taken on remand mechanically without any material for satisfaction and thus this remand was violative of fundamental right as mandated by Article 33(2) of the Constitution and section 167 of the Code of Cr......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... sections 302/109. 5. Mr. A.K. Badrul Huq, learned counsel has taken us to the FIR, the evidence of the witnesses and other connected materials and submits that the High Court Division committed a fundamental error in attributing the petitioner as the principal assailant of the victim in failing ...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....Second Class Non-Gazetted Officers. The Bench Readers are, therefore, being treated lower in status and pay than their subordinate officers under the impugned Service Rules which are violative of the fundamental rights of the petitioner as guaranteed under articles 27, 29 of the Constitution of the ......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....News paper namely, "Daily Dainik Bangla" dated 2.6.1994 asking the petitioner to show cause as to why he should not be punished departmentally no notice was served upon him, which is violation of his fundamental right and denial of natural justice to the petitioner. 9. We have heard Mrs. Shakila ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..Category: Administrative Law | Date: | Hits: 240
....atisfy the criteria laid down in rule 4 of the Rules of 2005 and ECNEC’S resolution.
15. Learned Attorney General took us to the judgments and submitted that the High Court Division committed a fundamental error in making the rules absolute on the doctrine of legitimate expectation which doctr......revent regular recruitment at the instance of temporary employees whose period of employment has come to an end or of ad-hoc employees who by the very nature of their appointments, do not acquire any right. The High Courts, it is further observed, acting under Article 226 of the Constitution, should..
Category: Employment/Service Law | Date: | Hits: 147
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....able from cross-examination of the prosecution witnesses then this may be sufficient for their acquittal." In another case Appellate Division in Muslemuddin Vs. State, 38 DLR (AD) 311, observed: "The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he......not even wait till the causing of the grievous injury; apprehension of grievous injury or the apprehension that grievous hurt would be the consequence of the assault is enough for the exercise of the right. The accused may justify his act, if the violence threatened was under the circumstances suffi..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....disposes of a suit or other proceeding, transferred under section 53, if such decree, decision or order would have been appealable had it been made by the transferee Court; (h) order regarding any fundamental entry in the schedule pursuant to section 38; (i) order annulling adjudication pursua......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
....LR(1970) 193, which reads as follows:
"It. must be remembered that no citizen can be asked to part with his property even temporarily unless it is necessary for public purpose. Every citizen has a fundamental right to enjoy his property subject to the exercise of the State power of Eminent Domain......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
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