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Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....s clearly: No". 51. On the doctrine of promissory estoppel, the Indian Supreme Court held in Delhi Cloth & General Mills Ltd. Vs. Union of India, AIR 1987 SC 2414— "It is, however, quite fundamental that the doctrine of promissory estoppel cannot be used to compel the public bodies or t......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ernative that the impugned act of Mr. Anwar Hossain to continue as the Executive Director-II of the Company and also as the Printer, Publisher and Editor of the Daily Ittefaq is also violative of the fundamental right of press freedom under Article 39(1) of the Constitution and the writ petitions un......ht of press freedom under Article 39(1) of the Constitution and the writ petitions under reference should therefore be taken to have been filed under Article 102(1) for enforcement of the fundamental right. Hence Writ Petition No. 3773 of 1996 and Writ Petition No. 3834 of 1999 are maintainable inas..Category: Information Technology Law | Date: | Hits: 324
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....iages and Divorces (Registration) Act 1974 and also Rule 10 of the Muslim Marriages and Divorces (Registration) Rules 1975 as amended by S.R.O. No. 273 Ain/2002 dated 2-10-2000 being violative of the fundamental rights as guaranteed by the Constitution. 2. The petitioner filed the above writ peti......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....uished after execution of deed in 1987 in favour of the appellant, on a misconception of law observed that the said decree is binding upon the appellant. The High Court Division had committed another fundamental error in holding that as the government did not appear the said suit, the decree is al...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Submissions on behalf of the petitioners: Mr. Farooqui at the outset candidly submitted that he will not argue that our Constitution does not at all permit the imposition of death penalty. The fundamental tenets of his argument are: “no person shall be deprived of life or personal liberty s......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....astly submits that the detenu was not produced before any Magistrate within 24 hours of her arrest under section 54 of the Code of Criminal Procedure and as such there has been gross violation of the fundamental right of the detenu guaranteed under Articles 33 of our Constitution. Besides, the deten......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... who has amassed property disproportionate to his known sources income by improper means. It cannot conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for taking penal action against person who have amassed propert...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....’ power.” 52. The Indian Supreme Court in State of Maharashtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588, emphasised the need to normally refrain from interfering with State Policy so long as fundamental rights and rules of natural justice are not breached. In N. Ramanath Pillai Vs. State of......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....pugned order and notice vide Annexure-A is a devise adopted to induce the petitioner to make statement exposing herself as an accused and to become a witness against herself in clear violation of the fundamental right as guaranteed by Article 35(4) of the Constitution. 9. As regards the ‘satisf......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others reported in 40 DLR (AD) 56, it was held that if the adverse finding actually the decision of the suit and forms a fundamental part of the decree, then it will operate as res judicata. But adverse finding interlocut......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....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." 41. There is no cavil on the principles of law la......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....he legal provisions in this regard. It is to be noted at the very outset that the right to be elected to the office of a Member of Parliament is neither a common law right nor a civil right or even a fundamental right. The Institution of Parliament, which is known as the House of the Nation and its ......visions in this regard. It is to be noted at the very outset that the right to be elected to the office of a Member of Parliament is neither a common law right nor a civil right or even a fundamental right. The Institution of Parliament, which is known as the House of the Nation and its members are ..Category: Constitutional Law | Date: | Hits: 202
Category: Property Law | Date: | Hits: 97
Category: Fiscal/Taxation Law | Date: | Hits: 81
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....iction is so excluded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or statutory tribunal had not acted in conformity with the fundamental principles of juridical procedure.” 33. Mr. Abdul Wadud Bhuiyan, the learned Counse......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....ate his grievance and to establish his claim that he has not violated any rules. It is not open to the petitioner to challenge the impugned memo as his right to the property or any legal right or any fundamental right has not been infringed. In the above view, we do not find any merit in this Rul......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....) 14. The Constitution having highlighted the rule of law and the fundamental human rights and freedom in the preamble of the Constitution, and personal liberty being the subject of more than one fundamental human right and freedom in the preamble of the constitution and personal liberty being t......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Category: Others | Date: | Hits: 119
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..Category: Health Law | Date: | Hits: 391
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....n offence alleged to have been committed. In the case reported in 60 DLR (AD) 90 while delivering judgment the Appellate Division observed that a person accused of the commission of an offence has no fundamental right to a trial by a particular Court or by a particular procedure except insofar as an......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174