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Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
.....2002. The writ petitioners challenged the aforesaid memo stating, inter alia, that the orders were violative of their vested right enshrined in the Service Rules of the TCB and also violative of the fundamental rights guaranteed to them under Articles 28-31 of the Constitution and also the impugned......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..Category: Employment/Service Law | Date: | Hits: 73
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....alat Ain, 2003 (Act VII of 2003) as well as the proceedings of Artha Rin Suit No. 315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka i.e. respondent No.2 mainly on the ground of fundamental rights guaranteed under the Constitution. After hearing the learned Advocate of the wri......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....ase the appellant was not a plaintiff and therefore the Court of first instance could not have given the declaration in favour Gannysons and the declaration by this Court was not permitted as per the fundamental principle of our legal system of granting relief only to the person approaching the Cour......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... to such addition of parties by filing separate affidavit-in-opposition sworn on 22.02.2005 and 11.04.2005 to each of the applications. He further submits that this writ petition is based on their fundamental rights guaranteed under the Constitution and has nothing to do with the religious senti...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ..Category: Constitutional Law | Date: | Hits: 114
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....under Madhabpur Police Station Case No. 06 dated 03.01.2003 under section 5(1) of the Nari-O-Shishu Daman Ain, 2000 mentioning the names of the petitioners as alleged victims in violation of their fundamental rights, rights to liberty, freedom of movement, right to protection of law and right to......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....ion regarding maintainability of the writ petition, the appellant of Civil Appeal No. 35 of 1987 contended that since he challenged the order of compulsory retirement on the ground of violation of fundamental rights guaranteed under Articles 27 and 29 of the Constitution the High Court Division ...... 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." However, Mr. Mahmudul Islam, the learned counsel for the writ petitioner/re..Category: Employment/Service Law | Date: | Hits: 104
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
...., 1986 by the order of the then President allegedly framed the rules. The appellants herein challenged and impugned Rules 5(1) and sub-rule (2) of Rule 8 as those being discriminatory and affects the fundamental rights, of the appellants guaranteed under Article 26. 27 and 29 of the .Constituti...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... the President in exercise of his power under the aforesaid Article 49 could impose any condition and it is up to the convict to accept or not to accept the condition and the question of violation of fundamental rights by the imposition of condition particularly when the condition has be...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t; that the property if it was to be included in the list of abandoned property, it was incumbent upon the respondents to show that it was within the mischief of law clearly for it betrays the fundamental right of the petitioner to hold her own property; that no notice as contemplated under ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..Category: Property Law | Date: | Hits: 23
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....d Article 102(1) read with Article 44(1) of the Constitution challenging the vires of the aforementioned 'Government Servants (Discipline & Appeal) Rules, 1985' coupled with enforcement of his fundamental rights as guaranteed under Articles 27, 29 and 31 of the Constitution and that the High......e 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." The principles laid down in the above case lave been consistently followed by t..Category: Employment/Service Law | Date: | Hits: 62
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....r was work-charge service under a project, so there was no scope of pension benefit, which is a discriminatory treatment of the petitioner which is not legally tenable and is clearly violative of the fundamental rights of the petitioner guaranteed under Articles 27 and 29 of the Constitution. The le......sal for making certain posts regular, the appellant was not entitled to claim regularization of his service as the appellant who has been working in a project and since retired would have no vested right. Once the project comes to an end the services of the employees in the project also come to an..Category: Administrative Law | Date: | Hits: 136
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....D) 87 the Appellate Division held that "the usual and well settled practice is that a criminal proceeding can only be quashed after cognizance has been taken a process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercise and only t......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....of 1983. As such, if fresh trial takes places in pursuance of the Sessions Judge's order dated 26.11.1996 in Criminal Miscellaneous Case No.353 of 1996, such prosecution will be a violation of the fundamental right guaranteed to the appellant under Article 35(2) of the Constitution of the People...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....istration of the Agrani Insurance Company Limited (Proposed) should not be declared to have been taken without lawful authority and/or to be unconstitutional as being violative of the appellant's fundamental rights guaranteed under Articles 21, 31 and 40 of the Constitution and as to why the res......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....al Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his right to ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....4-2-2000 the respondent No.1 promulgated the Public Safety (Special Provisions) Act, 2000 and the appellants have challenged the said law in writ petition as being ultra vires the Constitution and fundamental rights of the appellants guaranteed under Articles 27, 31, 32 and 35 of the Constitutio......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
.... the law of showing cause or of hearing in person against whome the decision is being taken. So, the affected person having no chance of representing his position to the authority is a violation of fundamental right by interfering with the lawful trade of the petitioner. Upon the aforesaid agrumen......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....ess the evidence on record and base its judgment on fresh appreciation of evidence we do not disagree. But this is such an exceptional case before us wherein we find that a very valuable fundamental right of the citizen in enjoying property has been infringed by declaring the property ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....hich are highly coherent in its interpretation and application. There are certain general principles of review whose authority is universally acknowledged that ought not to be disregarded. The fundamental is that an error is necessary to be a ground for review but it must be one, which is app......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....e scope for arbitrary exercise of such discretion on the basis of pick and choose and as such the provisions of section 21 of the said Ordinance is inherently discriminatory and is violative of the fundamental right of the petitioner guaranteed by Article 27 of the Constitution and hence the sai...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
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