Search Options
Judgment Advanced Search
Displaying 641-660 of 772 results.
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....er under Section 6 of the said Act. 15. The further case is that initiation of the instant L.A. Case for acquisition of the land of the petitioner is absolutely illegal and violative of her fundamental rights of worship and is contrary to the provision of Acquisition and Requisitio......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....fortunately enjoy less facilities depriving them of the privilege of equality of opportunity in respect of their employment and in the service of the Republic and thereby infringing their valuable fundamental rights and as such they sent several representations to the concerned authority for add...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
.... between parties, lawfully enacted into and to and in course of operation at the time of its premature determination, owing to the occurrence of an intervening event or changes of circumstance so fundamental as to be regarded by the law both as striking at the root of the agreement, and as e......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ative and Constitutional propriety. We do not hesitate to say that normally when there is no emergency, the aim of law, including the Constitution, has been to protect the citizen's fundamental human rights including one to his property. When, in such times, the citiz......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....impugned order of transfer dated 20-8-2000 as corrected by order dated 28-8-2000 (Annexure-E to the writ petition) pursuant to the impugned section 8 of the Act 20 of 2000 is also violative of the fundamental rights of the writ-petitioner as guaranteed under Articles 27, 28 and 31 of the Constit...... 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." 20. We have no reason to differ with the views expressed therein, rather, i..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
.... Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified Court or the procedure existing at the time of the co......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....law and gravely impair the basic function of the Court. 24. He submits that there may be a generalised interest in confidentiality of the document in question but it cannot prevail over the fundamental demands of the due process of law in the fair administration of justice. The generalise......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....Judges had no jurisdiction under Section 561A of the Cr.P.C. to issue a suo moto Rule upon the petitioner. 15. The High Court Division by the impugned order has infringed upon the fundamental rights guaranteed to the citizens of the country under Articles 37 and 38 of the ......ression guaranteed as a fundamental right under the Constitution. But any attempt to enforce it or ensure that hartal is observed would make the call illegal and interfering with the individual right." 30. It further appears that in the case of Bharat Kumar K...Category: Criminal Law | Date: | Hits: 79
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....osition stating, inter alia, that the dispute in the writ petition involves questions relating to a commercial transaction in respect of which a writ petition is not maintainable; infringement of any fundamental right, as alleged, is not involved in the present case and, as such, the writ petition i......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....arsenic contents the respondents are under legal duty to completely seal up the contaminated tubewells to save the lives of millions and such inaction on the part of the respondents is violative of fundamental right guaranteed under the Constitution and the High Court Division also fell in error......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e courts below were swayed by the brutality of the murder and the accused must be presumed to be innocent unless he is found to be guilty. It is needless for Mr Abdul Malek to remind me of this basic fundamental of criminal jurisprudence. It is well settled that a duty is cast upon the prosecution......r Rahman. Be that as it may, the person concerned who recorded the statement namely, PW 18, a Magistrate 1st Class having deposed in the case, the technical objection of Mr. Malek must be rejected outright. Mr. Malek further argued that the Investigating Officer purposely avoided the Munsif Magist..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....h rendered him incompetent to proceed with the trial and that the respondent No. 1 performing functions judicial in nature ought to have refrained from proceeding with the trial in consonance with fundamental judicial norms and that the finding of the respondent No. 1 as to illegality and materi......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....tition was barred by limitation and the submission that the learned Judges of the High Court Division erred in law in holding that refusal to extend time to the writ petitioner is violation of fundamental rights guaranteed under Article 27 of the Constitution inasmuch as the right guaranteed......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....counsel for the parties. It appears to us that the objection raised by the learned counsel for the defendant-respondents as to the competence and propriety of the appeal by the plaintiffs assumes fundamental importance’s in view of the manner and circumstances in which the impugned judgment an......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Abul Khair Vs. State, 2005, 34 CLC (AD)
....urisprudence is that the prosecution has to prove its case beyond reasonable doubt. Moreover the above irreconcilable contradictions mean that the P.Ws. did not see the occurrence at all. Under the fundamental scheme of criminal jurisprudence discrepancies, contradictions and omissions in the evi......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....isions and being an Advocate and a concerned member of the civil society felt that the issues raised in the writ petition having constitutional ramifications and affecting public interest and fundamental rights of the citizens this Division should be moved and hence filed the instant petiti......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....and also the separate note added by my brother Mr. Md. Joynul Abedin, J agreeing with the conclusion arrived at by my brother Mr. Amirul Kabir Chowdhury, J but expressing the view that in view of the fundamental right guaranteed under Article 31 of the Constitution and the condemned prisoners having......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ecessarily filed under Article 102 of the Constitution challenging the judgment of the Artha Rin Adalat without making any case covered under the aforesaid Article not to speak of any ground touching fundamental rights of the petitioner. As a result, the superior Courts are wastage of public time wh......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....ion of an earlier proceeding on the same facts. If the petitioner can establish a case of double jeopardy on facts he can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter, arising from a ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....ate who allegedly recorded their statements. 9. This case, however, in our opinion, does not fall to be decided upon an examination of the credibility and value of the confessions. There is a more fundamental question involved which does not seem to have been favoured by the learned judges. The q...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
24072391237423702363236023592349232423232308229922832272226922102193219021892185