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....nherent, indispensable and is not subject to any kind of abridgement or limitation. No law is required to be enacted or promulgated for exercising this power. Besides, conferment of this power is the fundamental pre-requisite for ensuing the rule of law as well as to find justification in estab......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....ers(along with other stevedoring firms) had endeavored to prevail upon the respondents that the said system was being operated in arbitrary and discriminatory manner and in gross violation of their fundamental rights. However, due to the volatile political condition during the tenure of non-polit......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
....can be assailed by filing a suit before the civil
court. But this contention of the respondents was not accepted by the High
Court Division on the finding that since by the impugned order the fundamental
right of the writ petitioners to their lease-hold land was infringed the
petitioners w......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
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Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....f between two and ten years [section 52]. S/he may only be sentenced to imprisonment in exceptional cases to a maximum period often years [first and second provisos to section 51]. Thus it is of fundamental importance that an offender, who claims to be a child and as such is entitled to be......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....dash; Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the, power to award compensation in appropriat......tion of any person aggrieved the High Court Division under Article 102 of the Constitution is empowered to give directions or orders as may be appropriate for the enforcement of fundamental right. The right to move the High Court Division in accordance with Article 102(1) for the enforce&s..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....said amendments have been given retrospective effect, the same should be declared ultra vires to the Constitution. Learned advocate further summits that the impugned amendments have abridged the fundamental rights of the millions of citizens of this country as the same placed them at the mercy ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
.... the respondent BSMMU and both of them have made submissions in the following manner:-
According to their submissions, the Arbitral Award patently illegal, capricious and contrary to the settled fundamental principal of law as the Tribunal has directed both the parties to abide by the decision ...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
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Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ard to the management and control of the Grameen Bank and to safe-guard their organisation; d) the petitioners have been denied their right of hearing and thus the High Court Division committed fundamental error in dismissing their writ petition summarily, and e) Grameen Bank being a spe......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....nducting such cases and therefore; the Code would have no application for the purpose of conducting cases instituted by the Commission. 8. The High Court Division in the premises has committed a fundamental error in restricting the Commission's lawyer to defend the judgments and permitted i......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....last Black Mark in 1998 but he got 40 rewards including one 1G batch after this date. His total rewards are 85. The impugned order that on sub-inspector can be considered for promotion is against the fundamental rights guaranteed in Articles 27, 29 and 31 of the Constitution. It is respectfully stat......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of the Constitution of the People's Republic of Bangladesh and violates the fundamental right of citizen and why the Notice published in the daily "The Ittefaq" dated...... not lie. Moreover, the government has been made a party in the petition which is a cunning device only to attract Article 102 of the Constitution and hence this writ petition should be discharged outright. 6. We have heard the learned counsel for both sides and considered their submissio..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
....g Article 102 of the
Constitution as public interest litigation.
5. The matter involves public importance. As per Article 32
of the Constitution the Peoples’ right to life is guaranteed as a fundamental
right. But by way of creating some obstructions medical treatment in the
government ho...... of the
Constitution as public interest litigation.
5. The matter involves public importance. As per Article 32
of the Constitution the Peoples’ right to life is guaranteed as a fundamental
right. But by way of creating some obstructions medical treatment in the
government hospitals are b..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....t and decided the suit on taking into consideration the opinion along with the other evidence on record. 4. It is contended on behalf of the petitioner that the High Court Division committed a fundamental error in sending the suit back on remand to the trial Court for examination of the dispu......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
................. 11. The learned Advocate also refers to Article 8 (2) of the Constitution which reads as:— (1)..................... (2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, an......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
.... park at Karwanbazar
to keep traffic moving. Without any precautions to keep traffic jam free at the
area the respondent has plunged the city dwellers to hazardous situation, in
violation of their fundamental rights.
8. The petitioner has claimed that it receives no fund from
abroad or from......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....ive at a conclusion that the mutawalli can transfer by way of lease of the nature provided he had obtained previous sanction of the Administrator. 49. The Court of Appeal below committed another fundamental error in assuming that no lease of immovable property could be granted other than a leas......rietor or a tenure holder a right to hold non-agricultural land for any of the purposes provided in the said Act, and includes also the successors-in-interest of persons who have acquired such a right. Under the latter Act, tenant means a person who holds land under another person and is, or bu..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....which was liable to be forfeited upon cancellation of the license. So, the cancellation of a license is a serious matter adversely couching a person's pecuniary interest, more than that, it affects a fundamental right of a citizen to conduct any lawful trade or business subject to certain restrictio......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....titioner as a court officer. The petitioner came with the application because the Hon’ble S.C Judges who are hard hit by the impugned letter, is unable to come to this court to enforce their own fundamental rights as a citizens. 5. The Hon’ble President of the People’s Republic of Ba...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....titioner's post of Project Director was of higher position and of higher responsibility than that of his previous post of Deputy Project Director he applied to the authority to fix his pay as per fundamental Rule 22(a)(i) which stated that "When appointment to the new post involves the assu...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ved the charge brought against the accused. 6. The American legal system is based on the rule against double jeopardy; the British system which we follow is on the benefit of reasonable doubt. The fundamental principle of our system is that an accused should not be put in peril of conviction in......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
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