Search Options
Judgment Advanced Search
Displaying 661-680 of 772 results.
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... 3. Mr. Md. Abdur Razzaq, learned Counsel appearing for the petitioners submits, inter alia, that the High Court Division failed to appreciate that the impugned notification violated the fundamental right of equality of opportunity and that the notification being violative of the prov...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
.... for the fault of respondent No.3 therein if any, and thus direction to return share of the petitioner herein to the respondent-petitioner herein is illegal, without jurisdiction and violation of fundamental rights of the petitioner. The learned Counsel further submitted that the High Court Divi......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....lp 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 7 done in violation of their fundamental rights as to residence, profession, trade, calling etc. and why their confine......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....scent Movement. It is, on the other hand, contended that the impugned Act and the actions taken thereunder have violated the autonomy of the elected body of the District Unit and has impaired his fundamental right to form an association. In this regard it was contended that by the dissolution of...... the Executive, but also against the Legislature. The judicial review with regard to the vires of a law passed by the legislature flows from the Court's constitutional duty to enforce a fundamental right. 38. The word 'form' in Article 38 does not limit the exercise of that right to the formati..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... is so excluded, the Civil Courts have jurisdiction to examine into cases whether 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." 6. There are two parts of this observation of th......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....02. 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 impugne......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....eping the ecological balance unaffected is a task which not only Governments but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51 A (g) of the Constitution." 16. It is gratifying to n......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
....ion and the plaintiff, has put in the requisite court fees. In that view of the matter, we do not find that the Courts below were in error in making the orders. It is to be observed that one of the fundamental principles governing the amendment of the pleadings is that all the controversies be......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... he also participated in various illegal activities. Further, it is mentioned that the detenu being the General Secretary of Serajgonj Sub-divisional Jatio Samajtantric Dal, vehemently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescrib...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... 2004 purported to challenge the constitutionality of Act No. 30 of 2004 being Jatiya Sangsad (Sanrakhita Mahila Ashana) Nirbachan Ain, 2004 being ultra vires to the Constitution and violation of the fundamental rights of the petitioners. 3. All the above writ petitions were filed in the form of ......icle 121 for single electoral roll for such constituency and lack of the same would destroy the ambit/ concept of equality for equal vote of equal value which is demonstrative of the concept of equal right. 12. Mr AJ Mohammad Ali, the learned Attorney-General appearing for the respondents- Go..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....has made provisions as to preparation of the Electoral Rolls. 81. Referring to the preamble of the Constitution, the learned Counsel submits that it has pledged that it shall be a fundamental aim of the state to realise in a democratic process a socialist society......................slam, learned Counsel, appearing for the respondent No.1 in Civil Appeal No. 55 of 2006, submits that right of vote is an individual right, a public right, a collective right and also a republican right. Taking us to the Constitution, he refers to Articles 119 (Functions of the Election Com..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution cannot be changed by amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivable that by its amending power the Parliament can deprive itsel...... 368, will not be 'law' within the meaning of Article 13 and the validity of a Constitution Amendment Act shall not be open to question on the ground that it takes away or affects a fundamental right. Then came the famous case of Kesavanda (Supra) where the aforesaid 24th and other amendments ..Category: Constitutional Law | Date: | Hits: 1934
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....of the relevant authority. The court does not sit on appeal on the judgment of or the materials before the selection board. It is well-known that equality of opportunity in public employment is a fundamental right under the Constitution but there is no vested right to promotion. It has to be e......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
....al review depends as much upon a well-drafted Constitution as upon the caliber of the judge themselves'. (p-177).
12. While our Constitution recognises the supremacy of the Constitution, it lays fundamental principles of the State policy in Part-II although the principles cannot be judicially e......ed the Statute itself in Court contending that it is discriminatory against him vis-à-vis other candidates who are rich and capable of paying the fee which stands in the way of exercising democratic right. His contention was ultimately upheld by the Supreme Court by a unanimous decision of seven ..
Category: Election Law | Date: | Hits: 212
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... weakness of the defendant's case and particularly the rent-receipts produced by him and thus considered himself justified to interfere in second appeal. It must be said that the learned Judge made a fundamental mistake in ignoring altogether that the defendant's case was disbelieved by the lower ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....it does not alter the character of the suit, may be allowed at any time before judgment. The restriction is only as to the nature of the suit; the law prohibits any such amendment as would charge the fundamental character of the suit; for example, a plaint cannot be so amended as convert a claim b......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....se and defence plea of 'alibi' as has been laid down by Gajendragadkar, Chief Justice in AIR 1966 SC 97 which runs as follows: “It will be recalled that it was with a view to emphasising the fundamental doctrine of Criminal law that the onus to prove its case lies on the prosecution, that ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
....ce dated 27 December 1986 (Annexure H (8) of additional paper book of respondent No. 4) upheld this interpretation treating the offer as on 100% cash basis. It is the letter of acceptance which is of fundamental importance and this shows that the acceptance is in conformity with the Tender Notice, l......, and then an argument could be advanced for seeking the protection of the inchoate right of the tenderer."
13. But the question is whether the appellant prima facie made out a case of inchoate right. The learned Single Judge found that this question was not raised in the courts below but was ..
Category: Business or Commercial Law | Date: | Hits: 95
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... the defendant's case and particularly the rent receipts produced by him and thus considered himself justified to interfere in second appeal. It must be said that the learned Judge made a fundamental mistake in ignoring altogether that the defendant's case was disbelieved by the lower ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....he instruments, that these instruments have been brought into existence by forgery and false personation and that no consideration passed by the said instruments. 9. The question which is of fundamental importance in the case before us is whether a relief by way of cancellation of a writt......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
21672145213520922090206019861953194019071900189518861866186118471750167216591636