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Displaying 501-520 of 772 results.
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... the firm on 13‑11‑1964 and her such right under the law continued without any interruption and unabated for the last 40 (forty) years and since the said letter of the Official Liquidator hit the fundamental right to her property to the holding in question she has a right to maintain the instant......annot now exercise its powers under Article 8 of the Order. 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) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....gal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 55 DLR 363. 8. Mr. M Arnirul Islam, learned Council like Mrs. Tania, stresses upon the police excesses and the violation of fundamental rights of the detenus in the hands of the police. He submits that no action detrimental ......the protection of the citizen from oppression and injustice at the hands of law-enforcement machinery, on the other, is a perennial problem of statecraft. The pendulum over the years has swung to the right. Even as long ago as the opening of the twentieth century, Justice Holmes declared that ‘at ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
.... law that First Information Report drafted by a Lawyer is liable to be flung to the wind. The Fourth and last branch of contention having been without any merit is rejected. 62. This takes us to a fundamental matter in dispensation of Criminal Justice which is, the treatment of victim of sexual a......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ve of the Services (ReÂorganisation and Conditions) Act, 1975 and also violative of Articles 133 and 136 of the Constitution. That section 8 of the impugned Act is also violative of the petitioner's fundamental right to be treated equally before law as contemplated under Articles 27 and 31 of the C......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Mukit and others Vs. State, 2011, 40 CLC (AD)
....the petitioners left the place. The victim sucÂcumbed to the injuries on the spot. 6. Before we enter into the merit of the case, we would like to observe that the High Court Division committed a fundamental error in affirming the judgment of the learned Additional Sessions Judge so far as it re......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....question that calls for determination is whether in the facts and circumstances of the case the ordinary Criminal Court has jurisdiction to proceed with the trial of GR Case No. 1 of 1983 afresh. The fundamental right which is guaranteed in Article 35(2) of the Constitution enunciates the principles...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
....he Bureau or Anti-Corruption got no lawful authority to summon the petitioners to have their statement recorded.
7. Finally, Mr. Moudud Ahmed contended that the impugned notice is violative of the fundamental right guaranteed under Article 35(4) of the Constitution in the sense that asking the pe......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
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Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....king for the Bench in an illuminating passage says; “The jurisdiction conferred by Article 226 is in very wide terms. This Article empowers the High Court to give relief by way of enforcement of fundamental rights and other rights by issuing directions, orders or writs, including writ in the na......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....ilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner’s fundamental rights guaranteed under Articles 27 and 31 of the Constitution. 2. The facts as state......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....he present litigation are in Bangladesh and the money in dispute is also here, the other principle, as illuminated in Tarapore and Sarhind Garments cases i.e. the principle of non-interference with a fundamental mechanism of international trade, is, in our view, applicable in the present case as equ......™s prayer for an injunction to prevent his wife and the medical practitioners from legally aborting the foetus in the wife’s womb, was turned down on the ground that the husband lacked such a legal right. So, this appeal is liable to be dismissed as Mr. Rokanuddin Mahmud argued for plaintiff’s l..Category: Civil Law | Date: | Hits: 164
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....urashava vide Gazette Notification (Annexure-B to the petition) is relevant one where more than 3/4 of the adult male population are chiefly employed in pursuits other than agriculture, the basic and fundamental requirement of law as contemplated in proviso of section 3(2) of the Ordinance XXVI of 1......esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ..Category: Election Law | Date: | Hits: 85
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....as deprived the petitioner to appear in the admission test by the Head of the Department of the same College, which is an illegal act being tainted argued that to pursue higher education which is the fundamental right as guaranteed under the Constitution has been infringed. It has been further argue......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..Category: Others | Date: | Hits: 100
....d in 60 DLR (AD) (2008) 172 our apex Court held that notice issued under section 26 of the Anti Corruption Commission Act.2004 (similar to Section 4(1) of the Anti Corruption Act. 1957) do not affect fundamental right of the writ petitioner.
7. In the midst of delivery of judgment the learned Add......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
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Category: Anti-Corruption Laws | Date: | Hits: 171
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....rty was found to be true petitioner was found liable to be removed by the Waqf Administrator as per provision of section 32(1) of the Waqf Ordinance, 1962 as such, the question of infringement of any fundamental right does not arise and petitioner is not entitled to get any relief under the writ jur......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resoluÂtion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......ction" has been defined in sub-Âsection (8) of section 2 of the Union Parishad OrdiÂnance. Word "function" includes powers to be exerÂcised and duties to be discharged." But it does not inÂclude "right." Had acting Chairman been vested with the right to vote in no-confidence proceedings for the ..Category: Election Law | Date: | Hits: 92
....istent with the Constitution said law shall to the extent of inconsistency be void.
70. Fundamental Principles of State Policy as set out in Part II shall be under Article 8(2) of the Constitution fundamental to (a) the Governance of Bangladesh, (b) applied by the State in the making of laws and ......new category of rights in favour of a person who is wronged by the action of the state or a public authority or any other person or who has suffered a legal injury by reason of violation of his legal right. It is also imposing a new category of duties on the government and the public officials with ..
Category: Constitutional Law | Date: | Hits: 253
....llowing the decision in Radha Krishan Jogani Vs. Dwarka Das Agrawalla, 36 DLR (AD) 253 upheld the order allowing amendment on the view-
"We, therefore, think that the amendment will not change the fundamental character of the plaint either. A change of one of the links in the genealogy has not th......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
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Category: Procedural Law | Date: | Hits: 60
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....rections or orders to any person or auÂthority, including any person performing any function in connection 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......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
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