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Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....arehouse licence without prior “no objection” of the Customs Commissionerate. The learned Advocate further submits that the impugned order is also discriminatory in its nature and it violates the fundamental rights as enshrined in the Constitution. The learned Advocate further submits that the a......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...

Category: Fiscal/Taxation Law | Date: | Hits: 63

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....campus but neither the petitioner nor his devotees were allowed to enter into the campus to perform their religious duties. This action of the authority according to Mr. Fazlul Karim, is violative of fundamental right as guaranteed under Article 41 of the Constitution. 5. Mr. Rafiqul Islam, anoth......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413...

Category: Property Law | Date: | Hits: 25

Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)

....uch, the petitioner was not at all aware of the reasons for which his passport was seized and impounded. The learned Advocate thereafter has argued that such action of the respondents is violative of fundamental right as guaranteed under Article 36. 3. On the other hand, the learned Deputy Attorn......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...

Category: Others | Date: | Hits: 102

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....2001. In other words, the petitioner cannot bank upon any of its rights which accrued to it on the basis of an invalid licence obtained by it. But we are of the view that petitioner had/has legal and fundamental right to approach the authority concerned afresh under the provisions of the Act of 2001......ng its power of judicial review can very much decipher the Facts in the context of the papers filed by the parties to see prima facie the bona fide of the claim of the conflicting parties to the same right. 26. Before us there are 2(two) petitions one filed by ETV Ltd, through Mr. Abdus Salam bei..

Category: Information Technology Law | Date: | Hits: 230

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....the People's Republic of Bangladesh, which the High Court Division ignored with an observation that "the decisions cited from side of the defendant petitioner do not appear to have any bearing on the fundamental point which survives for determination in the suit". 8. It was further submitted that......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...

Category: Employment/Service Law | Date: | Hits: 95

Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....83 the violators would be punished up to Taka 50000.00 as per section 55(3) of the Marine Fisheries Ordinance, 1983. The petitioners having been prejudiced by the aforesaid notification offending the fundamental right to carry on business moved this court. The Rule has not been contested by the resp......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..

Category: Civil Law | Date: | Hits: 115

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

.... General de-facto ruled the country with authoritarian fists for four incessant years, during which time the Constitution was forced to a state of suspension, people were not allowed to enforce their fundamental rights through the Constitutional device, the Courts were forcibly stripped of their inh......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ..

Category: Constitutional Law | Date: | Hits: 482

State Vs. Moslem, 2002, 31 CLC (HCD)

....o the victim of crime but, also, will encourage a criminal. We cannot go against the legislative mandate and award lesser sentence. The last contention is, also, not accepted and it fails. 51. The fundamental question which now survives for determination is, whether awarding of conviction and imp......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..

Category: Criminal Law | Date: | Hits: 82

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....ce in support of the execution of the contract for sale, the payment of the advance money and the offer of the balance consideration money remain uncontroverted, the learned Assistant Judge committed fundamental error in dismissing the suit. From the judgment of the learned Assistant Judge it does n......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ..

Category: Procedural Law | Date: | Hits: 68

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

.... with the provisions of section 364 of the Code of Criminal Procedure. The Examination of the accused persons under section 342 of the Code of Criminal Procedure is not a mere formality and it is the fundamental principle of law that the attention of the accused persons must be drawn to the evidence......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..

Category: Criminal Law | Date: | Hits: 36

Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)

....rm indicative value is not found anywhere within the four corners of the Customs Act, 1969 and, as such, it is submitted for the petitioner that the impugned order is illegal and it has infringed the fundamental right of the petitioner. 7. Mr. Ramjan Ali Sikder, the learned Counsel for the petiti......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... if he is affected by an order of transfer, he must take shelter of law in the Administrative Tribunal as the Tribunal can strike down an order of violation of natural justice and for infringement of fundamental rights. 15. In the case of Government of Bangladesh and others vs. Md. Faruque report......ar, we hold that these guiding principles laid down in the circular issued by the Government (Annexure-D) have no statutory force and the same cannot be invoked by the petitioner for claiming a legal right. 12. In the case of Dr. Md. Mominul Haq vs. Secretary, Ministry of Health and Family Welfa..

Category: Employment/Service Law | Date: | Hits: 89

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....t No.1, the appellants have been served with the Notification No.33 of 2001 to the effect that they will not be given booking from 01.09.2001 which is against the principle of natural justice and the fundamental rights of the appel­lants. The learned Counsel finally sub­mitted that impugned Memo. ......tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803...

Category: Labour and Industrial Law | Date: | Hits: 109

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....ve) that hearsay evidence is admissible to prove that the statement was made but not to prove the contents of the statement itself. 44. At this juncture we may consider the rule of hearsay. A fundamental rule in the law of evidence is that in any given case the evidence must be direct and to......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...

Category: Criminal Law | Date: | Hits: 35

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....icable legal requirements and to issue import permit as applied for by the petitioner. It is also stated that the impug­ned omission is violative of the principles of natural justice and also of the fundamental rights of the petitioner as guaranteed by Article 40 of the Consti­tution and as a resu......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...

Category: Business or Commercial Law | Date: | Hits: 219

Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....m has drawn our attention to Article 44 of the Constitution wherein it has been stated that the right to move the High Court Division in accordance with Article 102(1) of the Constitution is itself a fundamental right and the same cannot be taken away by any enactment or judicial decision. 14......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..

Category: Employment/Service Law | Date: | Hits: 107

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

.... asking the petitioner to furnish statement of his properties is nothing but compelling the petitioner to be a witness or adduce evidence to be used against himself and, as such, it is a violation of fundamental rights guaranteed under Articles 27,31 and 35(4) of the Constitution and, as such, the i...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..

Category: Anti-Corruption Laws | Date: | Hits: 150

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

....fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system ...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..

Category: Criminal Law | Date: | Hits: 38

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....ll as the requiring body for taking declaratory steps in not paying the compensation money. The learned Counsel for the respondent armed with preamble of the Constitution declaring that it shall be a fundamental aim of the State to realize through the democratic process socialist society in which ju......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...

Category: Property Law | Date: | Hits: 37