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Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....¦°ŕ§‡ŕ¦¨â€ťŕĄ¤ (emphasis given) 2. The substance of the commentary is that, the judiciary is shackled, as remarked by a Judge of the High Court Division but the judiciary instead of protecting the fundamental rights of the citizens has been voluntarily givÂing opportunity to the fasist-governmen......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....ecember, 1989 should not be declared to have been made and issued without any lawful authority and should not be set aside as illegal on grounds, inter alia, of it being arbitrary and contrary to the fundamental right of freedom of expression and press i.e. being violative of Articles 27 and 39 of t......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Anwar Hossain Majhi Vs. Government of BanglaÂdesh & others, 1989, 18 CLC (HCD)
....nt in the year 1987 to create scope of playing foul games by the Government with the elected representatives, by way of choose and pick. Moreover, the said provision is also against the principles of fundamental right, contemplated under Articles 27 and 31 of the Constitution of the People's Republi......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....on on their mind on a superficial consideration of the evidence on record gave the accused-responÂdents the benefit of doubt. In view of the above, we find that the High Court Division has committed fundamental error in giving the accused the benefit of doubt despite the fact that the prosecution h......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
....ned the present Rule and the order of stay has been extended from time to time till 11.4.90.
5. Mr. Amirul Islam, learned Advocate, submits that the petitioner is entitled to the protection of the fundamental rights as guaranteed under Articles 27 and 31 of the Constitution. Article 27 of the Con......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ence on record whatsoever, or where the decision of the Tribunal is vitiated by mala fide, on the Tribunal has acted without jurisdiction or acted in excess of jurisÂdiction or acted contrary to the fundamental princiÂples or acted malice in law, interference is called for. In the absence of the a......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Abdul Jalil Vs. Chairman, Rural ElectriÂfication Development Board and others, 1992, 21 CLC (HCD)
....earing for the petitioner has taken us through the application and the impugned order and drawn out attention to Article 40 of the Constitution - contained in Part‑III of the Constitution as of the fundamental rights. He submits that the petitioner has the right to conduct any business and he inte...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....rticle 29 of the Constitution have been violated. 6. As such, the petitioner being seriously aggrieved by the aforesaid promotion of the above three persons approached this Court for enforcing his fundamental rights as enshrined in Article 29 of the Constitution and obtained the present Rule whic...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....rections or orders to any person or authority, including any person performing any function in conÂnection with the affairs of the Republic, as may be appropriate for the enforceÂment of any of the fundamental rights conferred by Part III of this Constitution. (2) The High Court Division may, i......nding continue to be heard in spite of the amendment whereas in Beharilal Vs. Kashari Nandan A.I.R. 1970 All 201 it was noticed that it is open to the appropriate Legislature to take away such vested right. On examining the language of clause (a) sub-section (1) of section 21 Civil Courts Act and su..Category: Constitutional Law | Date: | Hits: 181
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....etween the parties, to narrow down the area of conflict and to see where two sides differ and to prevent miscarriage of justice. 35. Rule 2 of Order VI of the Code of Civil Procedure lays down the fundamental principles of Pleadings. It reads as under: "2. Every pleading shall contain, and co......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....rsonal Law (Shariat)." 32. We have also been rightly reminded of Article 8(1) of the Constitution which says that "the principles of absolute trust and faith in the Almighty Allah shall constitute fundamental principles of state policy" and of the Article 8(1A) of the Constitution which says that......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
....and, as such, the writ petition is liable to be discharged. The petitioner No. 1 being a limited company is not an aggrieved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdict...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....l. The Government is empowered by section 41 of the Forest Act, 1927 to make Rules and the Rules made there under, namely, Saw-Mills (Licence) Rules, 1998 is fair, reasonable and not violative of the fundamental rights and it was framed under the lawful authority and the respondent No.2 has lawful a...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
....issued on the petitioners' prayer for a declaration that the impugned project has been undertaken without lawful authority and is of no legal effect; and unconstitutional as being in violation of the fundamental rights of the petitioners as guaranteed under Articles 27, 31 and 32 of the Constitution...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the ch......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
....e obtained necessary permission from the Appropriate Authority of Savar Cantonment and that the writ petition is not maintainable as the respondents did not violate the Rules and regulations and also fundamental rights of the petitioner as guaranteed by Articles 27 and 31 of the Constitution and, as...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405...
Category: Others | Date: | Hits: 146
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....le homicide may proportionately vary in its gravity and criminality from the offence approaching almost to a murder to a simple hurt in which a small fine may be an adequate punishment. 7. It is a fundamental principle of criminal law that the accused should be informed with certainty and accurac......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....but it could not be allowed if, it changed the nature and character of the suit or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. One of the fundamental principles governing the amendment of the pleadings is that all the controversies betwee......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
.... Sangsthapon 2013/25 (Sring)/ 822 dated 9-12- 2-001 (Annexure G) terminating the petitioner from service. It is stated that the impugned Memo was issued mala fide and discriminatory by infringing the fundamental rights of the petitioner under Articles 27 and 31 of the Constitution of the People's Re...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....istration will have the choice to select cases for the special procedure will not affect the validity of the law. 14. The elements of discrimination have been consistently held to be offending the fundamental right i.e. all citizens to be treated as equal before law as contemplated under Article ...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
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