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Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....of the Administrative Tribunal established under section 5 of the Administrative Tribunal Act. It further held, inter alia, “A person in the service of the Republic who intends to invoke the fundamental rights in challenging the vires of a law will seek his remedy under Article 102(1) of th......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
....e petitioners, therefore, the impugned order being without lawful authority cannot be maintained in law.
14. It has been further submitted that the impugned order is illegal as it violates the fundamental right of the petitioner as guaranteed under Articles 31, 40 and 42 of the Constitution.
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
..
Category: Property Law | Date: | Hits: 31
....ation with the help of the Police and dislodging them and taking some of them to the Kashimpur Vagrant Home in the name of rehabilitation should not be declared to be taken/done in violation of their fundamental rights as to residence, profession, trade, calling, etc. and why their confinement in Va......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....om of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament. 2. Security of members during their parliamentary term is fundamental to parliamentary independence and therefore: (a) the expulsion of members from pa......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....rt Order, 1973 (hereinafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are violative of the fundamental rights guaranteed under Articles 31,36and 41 of the Constitution. Hence, the responden......ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..Category: Others | Date: | Hits: 115
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....s, had no legal character and locus standi to exercise right of Pre-emption against Pre-emptee-Petitioner and though the learned Trial Court Judge and the Appellate Court Judge took into stock this fundamental aspect of the matter neither the High Court Division nor the Appellate Division took int......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
....nhuman or degrading treatment in police custody or jail custody are not permissible under the Constitution.
The High Court Division, in exercise of it’s power of judicial review when finds that fundamental rights of an individual has been infringed by colourable exercise of power by the police...... the facility to the person to consult his lawyer if he desires so. Here again we like to mention that the persons arrested by the police under section 54 are not allowed to enjoy this Constitutional right. Not only this right is denied, even the police refuses to inform the nearest or close relatio..
Category: Constitutional Law | Date: | Hits: 137
....trated by the example in his eye, can amount to no more than this, that where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted."
47. Karl Lowenstein in his book "Po......ticle 102(2) (b) (ii) does not require that the applicant for a writ of quo warranto must be an aggrieved party. Any person can maintain such an application without showing any violation of his legal right. Moreover we do not find that the respondent filed the case malafide or is fighting battle for..
Category: Constitutional Law | Date: | Hits: 207
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
....the impugned judgment is liable to be set aside; that imposition of duty on the basis of tariff value determined by executive order creates restriction on freedom of trade and thereby violated the fundamental rights of the petitioner to carry business as guaranteed by Article 22 of the constitut...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
.... No.1 and in view of the facts and circumstances made above to ensure transparency and accountability of the petitioners are necessary otherwise the petitioners will be deprived of their fundamental right and preferential relief and the petitioners are compelled to file this present su......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
.... Commission Rules, 2007, all subsequent steps taken in the proceedings including the conviction and sentence are vitiated, and thus, the writ petitioner having no other alternative remedy invoked his fundamental rights in writ jurisdiction, in which, the High Court Division on being satisfied, exerc......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....sirable and luxury item amounts to arbitrary depravation of citizen from having shelter towards a complete life since the same is an essential item for construction of building and is violative of fundamental right as per Article 31 read with Article 8 and 15 of the fundamental principle of stat...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ction is so excluded the civil courts have jurisdiction to examine into cases were the provisions of the Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure." 11. Mr. Haq also referred to the case of Jamil Ho......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
.... and Divorces (Registration) Act, 1974 and also Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended by S.R.O. No. 273 Ain/2002 dated 02.10.2000 being violative of the fundamental rights as guaranteed by the constitution. 2. The petitioner filed the above wri......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....n 4 of the Administrative Tribunal Act, 1980 that the Administrative Tribunal having exclusive jurisdiction to determine the terms and conditions of service including the question of violation of the fundamental right and that the respondent not having challenged the Service Counting (Determination ......ue of the right given under Article 102(1) is not frittered away or misused as a substitute for more appropriate remedy available for an unlawful action involving no infringement of any fundamental right." 21. The position has not been changed by the decision reported in 50 DLR (AD) 27 in the c..Category: Employment/Service Law | Date: | Hits: 118
....t-petitioner was found in order, responsive with due process of law and in terms and conditions of the tender schedules and the impugned letter is without lawful authority inasmuch as it violates the fundamental rights of the writ-petitioner guaranteed under the Constitution.
21. In the aforesai......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....4. 27. While endorsing the said submissions, the learned Attorney General and Mr. Ajmalul Hossain Q.C added some points and cited some decisions. Mr. Ajmalul Hossain contends that there is fundamental difference in sections 378 and 429 of the Code of Criminal Procedure inasmuch as, while......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....“The rule of law is a basic feature of the Constitution of Bangladesh. What the meaning of ‘rule of law’ is as envisaged in the Constitution? It can be seen from the preamble that fundamental human rights and freedom, equality and justice, political, economic and social have be......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....he oral evidence on record. The first learned Judge on a superficial consideration of these witnesses and other evidence disbelieved his complicity in the occurrence. The learned Judge committed a fundamental error in holding that his presence at the night parade was a normal routine work and no...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....p; 10. The learned Advocate Mr. Md. Shah Alam, appearing for the respondent no.4 has submitted that the petitioner has managed Governing Body to take over the charge of Principal violating fundamental right, Rules and procedure of the College, he has submitted that in the absence of the ......y government and rules relating to settlement of fisheries incorporated in government state manual have no statutory force but merely Provide guide line and can not be involved for claiming a legal right. 15. The case of Bangladesh versus Dhaka Steel Works Ltd. reported in 45 D.L.R. (AD) 7..Category: Constitutional Law | Date: | Hits: 121
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