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Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
.... determining the real controversy between parties Local Investigation is not at all essential. 26. The rival contentions advanced from both the sides may be taken into account in answering the two fundamental questions set out above. 27. Admittedly, the suit is for declaration of title and rec......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ated at 6, Shaheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and also violative of the fundamental rights guaranteed to the petitioner under article 27,31 and 42 of the Constitution and/o......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citizens including the petitioner. 2. The petitioner’s case is as follows......tal rights under Articles 19 and 21 of the Constitution could be raised only against State action and not to prevent a political organisation or a private citizen from allegedly interfering with that right. Necessarily, we will consider that argument at the appropriate stage. But at the moment what ..Category: Constitutional Law | Date: | Hits: 216
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....ion 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 riot acted in conformity with the fundamental principles of judicial procedure. 11. Mr. Huq also referred to the case of Jamil......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
....rm No. 164) to ensure fair justice but the provisions in the 1976 Ordinance do not provide reasonable opportunity to the delinquent to defend himself in the proceeding which is clear violation of the fundamental rights guaranteed under Articles 27, 29 and 31 of the Constitution. There is no guidelin......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....e deprived of his right of enjoying equal benefit. 6. We have considered the argument of Mr. M Amirul Islam. We are of the view that the principles contained in Part II of the Constitution are the fundamental principles of the state policy and in view of the provision of sub-Article (2) of Articl......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...Category: Labour and Industrial Law | Date: | Hits: 96
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....resentation dated 14‑11‑1999 for his reinstatement in his previous post and position as "unskilled labour" and that such change of designation and the transfer of the petitioner has infringed his fundamental rights of Trade Union activities ensured by Article 38 of the Constitution and as well a......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26...Category: Labour and Industrial Law | Date: | Hits: 71
.... that the order of release of the surplus land was cancelled without any notice to the petitioners thus depriving them of the opportunity to defend their right to property which is violative of their fundamental right and of natural justice.
14. Mr. Md. Altaf Hossain Khan, learned Deputy Attorney......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....o harass the petitioner got the impugned notices served collusively and with malafide intention. So the order as contained in the impugned notices is un-constitutional and void being violative of the fundamental rights of the petitioner guaranteed by Article 31 of the Constitution and those notices ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....asru, the learned Advocate appearing in Writ Petition No. 5951 of 2003, that the aforesaid sections 5 and 6 of Druta Bichar Tribunal Ain, 2002, in short the Ain, and the Notification are violative of fundamental rights guaranteed under Articles 27,31,32 and 35 of the Constitution and that sections 5......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
....hat the impugned order is discriminatory as there are other factories, saw mills in the thickly Populated areas but no action was taken against those factories, by the impugned order the petitioner's fundamental right of carrying on his business as guaranteed by Article 40 of the Constitution of the......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
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Category: Environmental Law | Date: | Hits: 226
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....e Vs. Crown reported in 3 DLR (FC) 58. 19. In the case of Nurul Islam Vs. State reported in 18 BLD 695 it was also held that provision of section 342 Cr.P.C. being mandatory the departure from the fundamental principle of the section causes grave prejudice to the accused since the accused appella......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
.... denied an advantage, which has been granted to the others. Mr. Ahmed has further contended that the impugned orders have been made without any lawful authority and in violation of the petitioner’s fundamental right to freedom of trade, as guaranteed under Article 40 of the Constitution.
5. Art......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
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Category: Fiscal/Taxation Law | Date: | Hits: 108
....h directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of the Constitution. Article 31 of Part III of the Constitu......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....r salami instalments and some of them also paid their all dues and the allotment was made in respect of 31 residential plots. It is further stated that there is no material on record to show that any fundamental rights or Constitutional right of the petitioners has been violated. 7. We have heard......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
....haka and the same was dismissed by its judgment dated 15-9-97 holding the case as have been barred by limitation. The case house does not fall within the mischief of Abandoned Building which violates fundamental right of the petitioner and, as such, they are entitled to get the relief as prayed for ......ound of limitation by the Court of Settlement is no bar to entitle them to challenge the inclusion of the house in the list of abandoned houses in this jurisdiction in protection of their fundamental right.
7. We have found that the case building has been included in the list of abandoned houses ..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....earing No. BASAKAKA Pa: Ni : Shakha /l1/2003/145 dated 25-6-2003 (Annexure A) for appearing in the Viva-Voce Examination issued under the signature of the respondent No. 2 which is violative of their fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution. The respondents in orde...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....ia: "Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its me......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
....the drawer's fund. Moreover, in practice, the bearer cheque remains valid for a period of six months only whereas, the pay order or bank draft is encashable any time on its presentation. Keeping this fundamental difference of the above Negotiable Instruments in mind, let us examine again the provisi...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
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Category: Civil Law | Date: | Hits: 90
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
..... Zaman, has invited my attention to the amendment of section 29 of the Ordinance 51 of 1983 by Ordinance No. 44 of 1984 dated 9th July, 1984. He has submitted that this amendment has brought about a fundamental change in the status of the Election Tribunal. Apart from this he has submitted that t...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
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