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Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
.... is so excluded, the Civil Courts have jurisÂdiction to examine into cases where 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 proÂcedure." 25. This case undoubtedly lays down a great pri......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment Feb 20, 1986. Result: The Appeal is allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he......ejahar, Abdul Hye signed his name after writing the name of Majeda Khatun below her thumb impression. P.W. 1 while asked whether Abdul Hye was present at the time of recording the ejahar denied it outright. P.W. 1 also denied wheÂther Abdul Hye was defeated in the election or whether he contested t..Category: Criminal Law | Date: | Hits: 56
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....scope of the son-in-law visiting the house of his father in-law except on some sort of compromise or settlement of the dispute. That is why the Shalish alleged to have been held at the day time is of fundamental imporÂtance. P.Ws. 1, 2, 3, 11 and 12 have deposed that there was a Shalish held in the...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
...., the President's Order No. 5 of 1972, and conferred on the High Court Division of the Supreme Court under Article 102, the power to issue orders and directions for the enforcement of the fundamental rights conferred by Part III of the Constitution. The relevant provisions of Arti......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ncerned: — (b) availability of a "qualified candidate for the post held by the public servant concerned; (c) indulgence by a public servant in activities prejudicial to the interest and the fundamental principles of the State; (d) bad reputation relating to morality, integrity or hones......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....e detection or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriates for the enforcement of any of the fundamental rights conferred by part III of the Constitution but this power could be exercised in re......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ll necessary in view of the decision by the Dacca High Court in Chittaranjan Sutar's case that "sections 4 and 6 of the aforesaid Ordinance were void ab initio being in conflict with the fundamental rights guaranteed by the Constitution of 1962. (2) Whether in view of the ......at it actually decides." In Chittaranjan Sutar’s case, the petitioner challenged that the refusal of registration of sale-deed dated 12th September, 1963 is violative of his fundamental right. In the instant case the plaintiffs have filed this suit for declaration that the purported d..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....n law may operate retrospectively, if Parliament so expresses it in the validating enactment. The invalidity of a law may be owing to some legislative in competency or to its repugnancy to any of the fundamental rights and they can be cured in the manner set out above. 6. A question may and does...... pass any law retrospectively validating an action which was declared invalid by a court, whether the invalidity resulted from lack of legislative competence or from contravention of a fundamental right. Learned advocates have referred to a great number of decisions mainly from Indian jurisdictio..Category: Constitutional Law | Date: | Hits: 188
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....to be asÂsailed by the respondent. 20. Lord Hewart C.J. in Rex Vs. Sussex Justices (1924) 1 KB 256 observed: “A long line of cases Shows that it is not merely of some importance but is of fundamental importance that Justice should not only be done but should manifestly and undoubtedly be......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....to the principle so laid down. Redress therefore in such cases is not obtainable from the Court by action. It is so even where there has been serious and comÂplete failure to adhere to important and fundamental rules, as for instance in the case of a person who has been dismissed from service witho......d or taken away by any legislative enactment except by any other Constitutional provision. The provision is mandatory and is couched in negative languÂage emphasising the positive or the affirmative right. Any violation of this provision will give the person aggrieved for his redress by access to a..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....nterpretation on the article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows that Bangladesh Constitution envisages a State, whose fundamental aims is to realise through the democratic process a socialist society, free from exploit......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....d. That cause of action arising in the present case is dependant on a bundle of essential facts stated in the plaint by the plaintiff who is required to prove, if he wants to succeed in the suit. The fundamental principle of law is that the plaintiff must prove his case and such proof must be to the......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
....beyond the scope of the subject matter of the Divorce Suit in making uncalled for recommendation to which the leave petitioner has taken exception contending that the said recommendation has violated fundamental right of the community, to advocate whose grievance it has moved this Division, to profe......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....Biman and, as such, the order is without jurisdiction. No show cause notice was served on him and thus he was deprived of the right to be heard and such deprivation is discriminatory and violative of fundamental rights under Articles 27, 31 and 42 of the Constitution. His retirement under Regulation......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....before the Court so that it can satisfy itself that the detenu is not being detained in an unlawful manner and being subjected to torture and cruel, inhuman and degrading treatment in violation of fundamental human rights guaranteed under the Constitution. 7. Admittedly ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....the other writ petition. So it is clear that only the transfer orders have been in question in both the writ petitions and nothing else. There is no complaint in the rules against violation of any fundamental right of any of these writ petitioners. The order passed by the High Court Division in ......ion then he loses the protection of law and has not been treated in accordance with law if the Notification is violated. But all violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another which the respondent allegedly enjoy..Category: Employment/Service Law | Date: | Hits: 57
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....owned by a registered society and or a charitable society cannot be proceeded against under the Bankruptcy Act in circumstances where it would be necessary to do so thereby severely undermining the fundamental rights of the writ petitioner and a multitude of individual creditors and depositors a......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....shonest intention or that he was in collusion with the importers in opening the disputed letters of credit which caused loss to the bank. 13. It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... regard to the Plff-Debuttor Estate have been prepared or published in terms of the Act a 1 Rules thereunder; (5) that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is entitled to co...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....al error, Lastly it was contended that the High Court Division had erroneously taken the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranÂteed by the Constitution. 3. Before we consider the relevant conÂtenti......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
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