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Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ay, where vires of a statute is in question or where the determination is mala fide 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 but ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... submits that there is no provision for cancelling one written statement by another and further submits that there is provision for amendment of written statement but such amendment cannot change the fundamental character of the defence and such amendment which change the character of written statem......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....r the appellants then submits that the learned trial Court erroneously passed the order of conviction and sentence against the appellants relying on certain circumstances without considering that the fundamental principle of Criminal Jurisprudence is that circumstantial evidence should inevitably be......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....association. These orders were struck down by the Supreme Court of Pakistan finding the said Section 16 of the Criminal Law Amendment Act 1908 ultra vires the Constitution being inconsistent with the fundamental right Article 7, freedom of association. But all the five learned judges expressed their....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....cognized well established Constitutional Convention to appoint the senior-most Judge of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every citizen to have access to impartial and independent Court's Tribunals and......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....false and collusive one and it was not acted upon. 6. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the defendant argued that the learned Judges of the High Court Division committed a fundamental error in taking the plaintiffs deed of agreement for sale as the basis for passing a dec......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
....ch needs determination in accordance with law. The petitioner further stated that without determining the amount of dues filing of certificate is against the principle of justice and violative of the fundamental rights of the petitioner and prayed that pending determination of the amount of dues the......ct. These provisions ensure that no false or frivolous demand is made against the certificate debtor. The certificate issued under the PDR Act amounts to a decree which takes away or gives a valuable right. So ample provisions have been made in the PDR Act to safeguard the interest of the certificat..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ation of a law in force at the time of commission of the act charged as an offence and as such the Money Laundering Protirodh Ain of 2009 and the Metro Special Case No.126 of 2010 are in violation of fundamental rights guaranteed under Articles 44 and 35(1) of the Constitution and should be declared......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....প্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under A......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ted above, it is submitted that the respondents have acted illegally and without any lawful authority in revoking the passport of the petitioner and depriving him from travelling abroad, which is his fundamental right, guaranteed by the Constitution of the People's Republic of Bangladesh and that th......g an authority to take action is constitutionally valid, but the action taken under it, if offends a fundamental right, on that count only such action may be adjudged as void, being violative of such right. Freedom of movement at home and abroad is important for job and business opportunities‑for ..Category: Constitutional Law | Date: | Hits: 288
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....order of experiment. The Indian Supreme Court upon a finding that the order of experiment being in violation of audi alteram partem rule is a nullity (void ab initio) held: "In the present case, a fundamental right of the petitioner has been encroached upon by the Police Commissioner without due,......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
....ides for direct open voting system for the election of the President of the country. The learned Counsel submits that the President's Election Act which has provided for open voting has curtailed the fundamental rights of the members of the Jatiya Sangsad (Parliament) and destroyed the sanctity of e......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
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Category: Constitutional Law | Date: | Hits: 229
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....of the rule of finality of litigation is beside the point and similarly a reference to the principle laid down in 40 DLR (AD) 56 as to an adverse finding being the decision of the Court and forming a fundamental part of the decree to operate as res judicata is quite irrelevant. 5. There is no dis......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....e petitioner, submitted that this amendment in the law resulted in total prohibition for the workmen working under the Board to form an association or a union and this restriction is violative of the fundamental right as guaranteed under Article 38 of the Constitution which guaranteed formation of a......rification Board had not availed of the right of a bargaining agent at any point of time before or after the establishment of the Board and non registration of the union had not taken ways an accrued right. 18. In the case of Gaghubar Dayal Vs. Union of India, reported in AIR 1962 (SC) page 263, ..Category: Labour and Industrial Law | Date: | Hits: 204
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....intended to outrage the religious feelings of the Muslims of Bangladesh by insulting their religious beliefs. The petitioner has asserted that tolerance towards other religious faiths and belief is a fundamental basis of Islam and hence the writings and expressions in the book in support of the reli......ght to profess, practice and propagate his religious views of the Ahamadiyya sect of the Muslim Community, and hence he has a right to challenge the impugned order as being violative of his aforesaid right. In our view the application under Article 102 of the Constitution filed by the petitioner, as..Category: Constitutional Law | Date: | Hits: 204
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....e detention under the Hydarabad Regulation which Regulation after the coming into force of the Constitution of India in January 1950 was declared void by the Supreme Court being inconsistent with the fundamental rights and it was held that the said law under which Mir Laik Ali and others were detain......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
....Act and thereby the Government retained the exclusive control over the Wage Board and the award and can thus misuse such mechanism to the detriment of the newspaper industry which is violative of the fundamental right of freedom of press as guaranteed by Article 39 of the Constitution of the People'......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
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Category: Constitutional Law | Date: | Hits: 246
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ed of Agreement dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 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 statutory tribunal has not acted in conformity with, the fundamental principles of judicial procedure". 8. The case of Secretary of State Vs. Mask and Co.......ect to that it has been always held that the party must adopt the form of remedy given by the statute. So I think the company are bound here to follow the form given by this statute which creates the right." 7. The 6ther dictum laid in the case of Secretary of State Vs. Mask and Co, AIR 1940 (PC)..Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....und that the said proceeding has been drawn in a mala fide manner in colourable exercise of power without any lawful authority and also on the ground that the said impugned charge is violative of the fundamental right guaranteed under Articles 27, 31 and 35(2) of the Constitution. 3. Mr. Abdur Ra......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
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