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Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... mean a person who is a member of an independent political community having rights and obligations under the Constitution and the law of the Country.” Thus, “Citizenship though not mentioned as a fundamental right in our Constitution is to be considered as a right of all rights as on it depends ......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....rnational Law. 56. Learned Attorney General on the other hand submitted that Article 35 of the Constitution will not apply to BDR personnel in view of Article 45 of the Constitution which modified fundamental rights in respect of disciplinary law. 57. Since it is apparent that notice under Sec......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....shy;tions as framed challenging a public notice published in national dailies were not maintainable under Article 102(2) (a) (i) of the Constitution (Mandamus) inasmuch as writ-petitioners have no fundamental or legal right in non-publication of the public notice nor there is any correspond......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....that the Appellate Division in a series of cases has taken a consistent view that a person in the service of the Republic who intends to challenge the vires of a law on the ground of violation of fundamental right may seek his remedy under Article102 of the Constitution but in all other cases he......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) 554, 19 BLT (AD) (2011) 158...Category: Criminal Law | Date: | Hits: 78
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ..Category: Administrative Law | Date: | Hits: 175
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
....n 6-1(2) of the Service Regulations, 2001 and the office order terminating their service contending primarily that the Regulation 61(2) of the Service Regulations, 2001 is ultra vires of the fundamental right as guaranteed in Articles 27 and 29 of the Constitution. It was also contended th......rit-petitioners either by giving 3 months notice or in lieu thereof on payment of basic salary of 3 months and as such provision of regulation 61(2) cannot be considered as violative of fundamental right. 3. In reply to the contention of the writ-respondent it was submitted on behalf of th..Category: Employment/Service Law | Date: | Hits: 68
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....ing the same summarily. 2. The writ petition was filed challenging constitutionality of sub-sections 2, 3 and 4 of Section 41 of the Artha Rin Adalat Ain, 2003 and also alleging violation of fundamental rights as are in Articles 27, 31, 40 and 42 of the Constitution of the People's Republi......rtha Rin Adalat Ain, 2003 on the ground that the provision therein for filing appeal against the decree of the Artha Rin Adalat upon depositing 50% of the decreetal amount violative of fundamental right. 4. The High Court Division dismissed the writ petition summarily upon observing that ..Category: Civil Law | Date: | Hits: 98
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....tioned Article 31 and not Article 27, which appears to be a case of inadvertence. Be that as it may since the learned Advocates have given up their case as to the Rules being inconsistent with any fundamental right the irregularity in the certificate does not become very material. 14......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....nd accordingly, in the instant case, the petitioner having failed to seek the relief expeditiously, is not entitled to get any relief and further in terms of Article 15 of the Constitution it is a fundamental responsibility of the State to provide to its citizen the basic necessities of lif......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) 406. ..Category: Property Law | Date: | Hits: 50
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
.... the statute and the rules and as such the petitioner is not entitled to any relief under the writ jurisdiction. We further hold that restriction imposed by the impugned order has not infringed the fundamental right of the petitioner'. "We are to see only the propriety of the impugned order re......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....on before the Human Rights Act 1998 Increasingly as litigants obtained judgments at Strasbourg against the United Kingdom the Convention began to be cited in our domestic Courts. This was despite the fundamental constitutional principle that treaties cannot affect rights and duties of persons in t......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....000 by the Government the contempt petition was not pressed. 7. The appellant challenged the order dated 5.6.2000 of impounding of the passport before the Writ Bench on the grounds of violation of fundamental right as guaranteed under Articles 31, 32 and 36 of the Constitution as well on the grou......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....ction (3), it prohibits an ijaradar or revenue farmer from acquiring any occupancy right and as such it is not attracted in the instant case. But the “Explanation” to this section is of fundamental importance in that it operates as an exception to the general principle of merger in su......ani Mir while taking Osat settlement under the former and right of cultivation against receipt of labour charge under the latter, clearly and unequivocally admitted Golam Rahman as owner in raiyati right. In respect of the Osat kabuliyat, Mr. T.H. Khan has tried to argue that the land thereunder ..Category: Property Law | Date: | Hits: 55
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....to make a law has full and plenary power to legislate retrospectively and prospectively.” Hamoodur Rahman CJ. - Per Shahabuddin Ahmed J..............(23) “It is a fundamental rule of English law that no statute shall be construed to have a retrospect......q, learned Advocate for the plaintiff-appellant, is that though the Amendment was apparently given retrospective effect, this Amendment did not affect or take away the plaintiff's vested right. The learned Judges of the High Court Division are found to have given due consideration to t..Category: Others | Date: | Hits: 86
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....ble to prove his case the suit was decreed granting all the reliefs as prayed for. 7. Leave was granted to consider the appellant's submissions that the High Court Division committed a fundamental mistake in deciding the suit as if it were an appellate authority sitting on appea......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....holding that the nature and character of the suit were changed by making it also a "suit for partition" by amendment which cannot be allowed in that it failed to notice that the fundamental character of the suit was not changed by adding the relief for partition and that a ge......n the suit for injunction were that he was in joint possession of the suit land with the defendants who are members of his family, who without any justification have been interfering with his said right. He, therefore, wanted an injunction to restrain the defendants from interfering with hi..Category: Property Law | Date: | Hits: 56
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
....ssued by the department proposing to promote some 12 officers who are allegedly junior to him. Mr. Khan submits that the finding of the High Court division as regards protection of the petitioner's fundamental right as enshrined in the constitution has no leg to stand upon in view of the argumen...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....y contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the fundamental right guaranteed by article 42 of the constitution. 4. The rules issued in ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....abitant of a Pourashava due to exclusion of his area and the decision of the Government being discriminatory, the High Court Division is not correct in holding that there is no infringement of the fundamental right of the petitioner due to the action of respondents of the writ petition. The...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ..Category: Property Law | Date: | Hits: 22
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....onstitution and issued by the Ministry of Establishment amending Bangladesh Civil Service Recruitment Rules, 1981 by incorporating Rule 8(1) (dd) after Rule 8(1)(d) thereof being violative of their fundamental rights guaranteed under Articles 27, 29 and 31 of the Constitution on the following ave......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
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