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Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....e, amongst others, a corruption free society. The petitioners are citizens of Bangladesh and as members of different activist groups are concerned about public wrong and public injury and invasion of fundamental right of member of the public and activism. 2. The petitioners have challenged the Vo......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....ach adopted by learned Judges and decisions rendered by them and, also, without being influenced in any way by any observation made by learned Judges. 5. Fate of the appeal hinges on answer to the fundamental question which is whether prosecution could succeed by substantially proving the charge ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
....ubmitting the bills in accordance with the decision of the respondent No.1 communicated to them by the Memo dated 17‑3-2002.
8. In reply to the paragraph 15 of the petition it is stated that the fundamental rules relating to pension as it appears in rules 394 and 395 of Bangladesh Service Rules......and may create unnecessary discrimination. He further submits that the pension is a reward for the past services rendered by the petitioners in the service of the Republic and cannot be claimed as of right. The learned Additional Attorney-General in this connection went through different provisions ..
Category: Employment/Service Law | Date: | Hits: 99
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....e. 9. It is noted that the stance so adopted by the Opposite Party in questioning the maintainability of this Application is inherently flawed. This is due to the Opposite Party having ignored the fundamental nature of the relationship that binds any creditor and a guarantor independent of the pr......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ilities and benefits will not be applicable to the contractual employees. This being the scenario, cause (d) of the Organization Order No.13 of 1989 dated 11-11-1989 is arbitrary and violative of the fundamental rights of the petitioners. It is worthy of notice that both the regular and contractual ...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... the project area, have been left out of any consideration. By undertaking the experimental ‘FAP-20’ Project, the respondents have ultimately infringed and would, further, inevitably infringe the fundamental rights to life, property and profession of lacs of people within and outside the project......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
....ase property in ‘kha’ list the respondents did not follow the procedure lied down in President’s Order No.16 and Ordinance No.54 of 1985. The right to acquisition and enjoyment of property is a fundamental right and a person cannot be deprive of this right unless the property is compulsorily a......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
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Category: Limitation Law | Date: | Hits: 175
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
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Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....its that the case was initiated, continued and concluded after 1/11 (11.01.2007) i.e. during Emergency, when certain part of the Constitution including the provisions of enforcement and protection of fundamental rights was suspended and the flow of normal course of justice or rule of law was hampere......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....n 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 statutoÂry tribunal has not acted in conformity with the fundamental principles of judicial procedure." This principle of law has also been relied upon by......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....de and there is no tangible material justifyÂing or sustaining such order of detention against the detenu and that he has been kept under unlawful deÂtention for months together in violation of the fundamental rights guaranteed by the Constitution of the People's Republic and also in violation of ......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..Category: Criminal Law | Date: | Hits: 60
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....n the instant case, as we have pointed out, Regulation 12, like its parent law, being protected legislation, the provision for termination by notice is not void though it may be inconsistent with any fundamental right." 39. In the case of Managing Director, Rupali Bank Vs. Md. Nazrul Islam Patwar......t case, as we have pointed out, Regulation 12, like its parent law, being protected legislation, the provision for termination by notice is not void though it may be inconsistent with any fundamental right." 39. In the case of Managing Director, Rupali Bank Vs. Md. Nazrul Islam Patwary 48 DLR (AD..Category: Employment/Service Law | Date: | Hits: 174
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ion of Bangladesh to see that the name of Salimullah Muslim Hall is not changed in an arbitrary and discriminatory manner without any rhyme or reason. The petitioner has succeeded in showing that his fundamental rights are infringed for removing the word "Muslim" from the name of Salimullah Muslim H......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....nd the stage of mere conspiracy and offences are alleged to have been actually committed in pursuance thereof, sections 120A or 120B are wholly irrelevant. 16. The High Court Division made another fundamental error in drawing an adverse presumption against the appellant after taking into consider......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....on 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". This decision is based on the famous case of Secretar......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....titioner was tried without any charge having been framed read over to him and without asking him to plead i.e. whether he pleads guilty/not guilty and demands a trial which is a total negation of his fundamental right guaranteed under Articles 31 and 32 of the Constitution of the People’s Republic......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....e was liable to be discharged on that ground alone. The petitioner was not a person aggrieved by the impugned provisions of Acts 9, 10, 11 and 12 of 1998. The Peace Accord neither violated any of the fundamental rights nor any other rights of the petiÂtioner as guaranteed under the Constitution. Th......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
....ort Authority Employees Service Regulations, 1991 having not providÂed any guideline for exercise of the power of termination of employees without assigning any reason is void being violative of the fundamental right guaranteed by article 27 of the Constitution."
Security of Tk.1000/- is to be d......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
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Category: Employment/Service Law | Date: | Hits: 97
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
.... Division is not justified in arriving at the conclusion that the case is barred by limitation. Mr. Mahmudul Islam, learned counsel appearing for the pre-emptee, on the other hand, contended that the fundamental principle is that the pre-emptors are required to prove the date of knowledge and since ......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
....ith annexures and heard the learned Advocates.
7. In order to uphold an order of detention, this Court has to satisfy itself that the person need be detained in preventive detention curtailing his fundamental rights. Such satisfaction of the Court must be objective satisfaction i.e. judicial sati......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
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