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Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....no guideline on the basis of which the Government is required to exercise this power. So, according to them, the Government may adopt a policy of pick and choose which will amount to violation of the fundamental right of equality. They have also argued that such action amounts to discrimination. ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
.... 2003 along with Writ Petition No. 7936 of 2002 wherein it has been held that second proviso to section 4 of the aforesaid Act and Rule 10 of the aforesaid Rules cannot be considered violative of the fundamental rights guaranteed under the Constitution,
6. Heard the learned Advocates of the parti......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....ave been held to find out the truth or otherwise of the allegations made against the petitioner but apparently no such enquiry was held. But this requirement of holding an enquiry into the charges is fundamental in nature and goes to the root of the entire disciplinary proceedings. In the disciplina......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....nciple of natural justice. 5. We have examined the contention of the learned Advocate but we find no substance in any of those. The right to franchise and the right to contest an election is not a fundamental right but very much a democratic right and in the instant case it is created by statute ...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ask of protecting the frontiers of Bangladesh and that is why the maintenance of strict discipline among its members takes precedence and, of necessity, limits their rights. 20. The chapter on the fundamental rights are stated in Part-III of the Constitution. Article 26 provides that any law inco...... "A member of the disciplined force can be an aggrieved person and can also move, subject to the provision of Article 45 of the Constitution, the High Court Division for enforcement of a fundamental right. There are however, certain constitutional limitations of the judicial review of an order pass..Category: Employment/Service Law | Date: | Hits: 148
....ounds taken by him is that no show cause notice was served upon him in violation of the principles of natural justice. The further grounds taken by the learned Advocate for the petitioner is that the fundamental right of the petitioner to enjoy the protection of law and to be treated in accordance w......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....is one of discretion which the Court exercises upon due consideration of the facts and circumstances of each case. The appellant has complained that he is under impending threat of deprivation of his fundamental rights under Article 36 of the Constitution and his right of franchise. Because of this ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... done as a suit for injunction. The amendment is more a re-arrangement of the facts in their proper perspective and making a prayer for appropriate relief. 11. It is to be observed that one of the fundamental principles governing the amendment of the pleadings is that the controversies between th...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....bject of the circular Annexure F and this relevancy is not remote and fanciful. A classification is reasonable as it aims at giving special treatment to less privileged of Government servant. What is fundamental of importance in law‑making is that while making classification the respondents who is......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....pellants. (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our Constitution Le the Consti......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ber. The Chairman of the said Parishad was required to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shal......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313....... any area for which Nikah Registrar has been licensed. The question of curtailment of any area arises only where there exists a licence for an area. Second Proviso to section 4 relates to an existing right. A careful reading of the law ex-facie ex-fanci indicates that it not only applies to a case o..
Category: Civil Law | Date: | Hits: 83
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....meantime the obligation arising out of marriage are laid down by Sharia Law. 21. An important obligation is consortium which does not merely mean living together but implies a union of fortunes. A fundamental principle of matrimonial law is that one spouse is entitled to the society and comfort o......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 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 principle of judicial procedure". 17. In holding that the Court below had jurisdicti......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
....without following any rules or guidelines by using pick and choose policy has already absorbed some officers from the development budget to revenue budget which is discriminatory and violative of the fundamental rights of the petitioners guaranteed by the Constitution. Having no other alternative ......e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....e Indian Constitution and the provisions of Article 35 (3)(5) and Article 37 of the Constitution of Bangladesh. He submits that in the instant case there is a total violation of the provisions of the fundamental rights as guaranteed to a citizen of this country in the Constitution of Bangladesh. Eve......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....he accused for obtaining remand so that the members of the bar engaged by the accused are in a position to appear and represent the accused and oppose grant of remand." 32. Our Constitution in its fundamental rights (Article 33) regarding safeguard as to arrest and detention of a citizen also pro......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....ch 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 this Constitution. (2) The High Court Division may, i......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....er, the question as to the local jurisdiction of a Court may not be confused with the question as to the competence of a Court to try the suit. The defect even if any involved in the former is not of fundamental nature, whereas the latter goes to the very root of the jurisdiction, and where it is la...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
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