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Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....d the issuance of the order of detention was done without any thought or application of judicial mind of the District Magistrate. The petitioner has further submitted that for the infringement of the fundamental right of the detenu by the respondent, the detaining authority needs to be saddled with ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....9C of the Cr.P.C. 4. The case, as has been made out by the petitioner is that the impugned action of the respondents is without lawful authority inasmuch as it is in violation of the prisoner’s fundamental rights to personal liberty and to a speedy trial as guaranteed by Articles 31, 32 and 35......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....er No.1, Bangladesh Legal Aid and Services Trust (briefly as “BLAST”), a leading legal aid and human rights Organization filed this writ petition in the public interest to protect and promote the fundamental human rights of the people. Petitioner Nos.2-5 are citizens of Bangladesh and are by pro...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... disrepute. In arriving at such a decision we did not lose sight of the fact that Article 39(2) of the Constitution guarantees freedom of speech and expression as well as freedom of press but that fundamental right is also subject to law of contempt. This right is not an absolute right but is su......to tell the public the truth and that this Court is taking the journalists to task and trying to silence their voice as there is amidst the controversy a Judge of this Court. Their thinking is not right. This Court is not against them and what the journalist have perceived is not correct. The Ju..Category: Criminal Law | Date: | Hits: 130
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....le to give an account of the goods which was taken on board ‘MV Sargodha’ but failed to carry by the said vessel to the port of discharge. He has chiefly argued that the defendants are liable for fundamental breach of the contract of carriage as the defendants contracted to carry the goods by ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....rted in 2 BLC 49 it has been held that defaulting borrowers themselves form into a separate and distinct class and legislature can make stringent law against them and such law is not violative of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution. In view of the same we f......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...Category: Constitutional Law | Date: | Hits: 123
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....er based discrimination perpetrated by a state official. She further submits that the impugned action is an example of attempts to impose dress codes on women and such attempts amount to violation of fundamental rights of women as enshrined in the Constitution. She then submits that attempts to impo......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..Category: Constitutional Law | Date: | Hits: 201
....roposition of law that amendment of pleadings can be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the contending parties. One of the fundamental principles governing a decision on amendment of the pleadings is that all possible contr...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....been snatched away by striking out their names from Electoral Rolls and by that the election result has been materially affected. 6. In the face of the contentions advanced from both the sides two fundamental questions survive for determination in this Civil Revision Petition or to put it differe......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ld not be tried in the Artha Rin Adalat and, as such, the proceeding of the Artha Rin Case and the judgment and decree passed therein is illegal and ultra vires of the Constitution and is against the fundamental right of the petitioner as guaranteed by the Constitution and the same has been infringe......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....istrator of Bianibazar Municipality under Section 18A (1) of the Pourashava Ordinance, 1977 (Act XXVI). 8. Article 11 of the Constitution provides that "That Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human persons sha......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..Category: Election Law | Date: | Hits: 92
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
.... (underlining is mine) 16. This has been explained in Dr. Mohiuddin Farooque’s case in this manner: “23. This declaration in the Constitution is not mere empty words. These guarantees are fundamental in nature, bestowed upon the people of Bangladesh by its Constitution. The expression ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ated by the senseless as well as reckless creation of environmental hazards in violation of different legal provisions enacted in this regard and since BELA is trying to uphold the right to life as a fundamental right to the millions of people of Bangladesh as enshrined in Article 32 of the Constitu......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..Category: Environmental Law | Date: | Hits: 345
....udge were marked as Exhibit-8 series by order No. 18 dated 27-5-1999.
7. Learned District Judge fixed 28-6-1999 for hearing on question of limitation taking the view that the said question being a fundamental question was required to be heard and disposed of. Limitation matter was ultimately hear......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183...
Category: Limitation Law | Date: | Hits: 152
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
.... been facing shortage of accommodation as claimed on giving undertaking to remove the structures if the suit was decreed. In the premises, the learned Judge of the High Court Division has committed a fundamental error in interfering with the order of the mandatory injunction on the reasoning as abov......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
....on of justice into disrepute. It is stated that the Court shall intervene in matter which are 'contra honos mores' or immoral. It is further alleged that the supersession in question has violated the fundamental rights of the members of the judiciary and has denied them a dignified human existence a......on of jurisdiction by an inferior tribunal, but it cannot issue as a cloak of appeal in disguise. Certiorari should issue as of right only for such applicant as has suffered an infraction of personal right. See AIR 1959 AP 429.
41. The general conditions for issue of certiorari are that there..
Category: Constitutional Law | Date: | Hits: 126
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....s could not be achieved nor be preserved. 20. Nowadays, the Courts are reluctant everywhere to use contempt power off and on as freedom of speech and expression are gaining tremendous force as fundamental rights. The Prime Minister did not undermine the judiciary and none of the judges of the...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s or their interest are unfairly prejudiced by the manner in which their companies affairs are conducted and if the members do not adhere to the procedure prescribed by articles and if there has been fundamental breach of the rules and where the majority are endeavoring directly or indirectly to app......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....forded an opportunity of being heard as to why that action should not be taken. The hearing may be given individually or collectively depending upon the facts of each situation. A departure from this fundamental rule of natural justice may be presumed to have been intended by the legislature only in......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
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