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State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....a nullity; and that the trial held by the Martial Law Court being without jurisdiction and the sentence passed therein being a nullity in the eye of law, execution thereof would be violative of the fundamental right guaranteed under Article 32 of the Constitution of the People's Republic of Bangla......er of procedure operates retrospectively……………….(52) Right of appeal is a vested right Right of appeal by a party to an action is not affected as being a matter of existing right. By a subsequent legislation a litigant’s right to a superior tribunal being a vested right ..Category: Criminal Law | Date: | Hits: 294
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....rar dated 17.5.90 as also the vires of the two provisos to sub‑section (2) of section 7 and section 5 of the Amendment Act, 1990 on the ground that the amended legislation is violative of the fundamental right guaranteed by Article 38 of the Constitution. 7. The five writ petitioners......restrict die right of association or union without the restraint having any nexus with morality or public order or that they have the effect of rendering nugatory the effective exercise of the said right. 11. The Ordinance, 1969 is a piece of legislation of that sort. It provides for the ..Category: Labour and Industrial Law | Date: | Hits: 103
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....nto effect, the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973) was passed on September 22, 1973 amending Article 33 of the Constitution. It provided for clear derogation from the fundamental right to life and personal liberty and attendant safeguards provided in the Constitutio......icle 33 of the Constitution. It provided for clear derogation from the fundamental right to life and personal liberty and attendant safeguards provided in the Constitution for the enjoyment of that right. On February 9, 1974 the Special Powers Act, 1974 (Act No. XIV of 1974) was passed" to p..Category: Criminal Law | Date: | Hits: 88
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
.... not attracted in this case. We also do not find any substance in the contention that the charge framed and proceedings taken against the petitioner are ex facie discriminatory and ultra vires to any fundamental right guaranteed in the Constitution. 14. The High Court Division did not make any er......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....p' and 'nationality' are often used interchangeably. 8. Our Constitution, although repeatedly using the term citizen, did not define Bangladesh citizenship. Citizenship, though not mentioned as a fundamental right in our Constitution, is to be considered as the right of all rights as on it depen......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
...., State of Mysore Vs. Krishan Murthy, AIR 1973 (SC) 1146 (V 60 C253); BL Goel Vs. State of UP (1979) 2 SCC 378. 11. As far as the principle to be followed in case of alleged violation of the fundamental right of equality before law or equal opportunity in public employment as provided in t......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....iminal Procedure in Chapter 11, as criminal business. Hence the writ petitions of other nature such as mandamus, certiorari and quo warranto may be considered as Civil Proceeding. 27. It is fundamental that the court exists for doing justice and for doing ends of justice such power must e......ip;.Whether a proceeding is civil or not depends on the nature of the subject matter of the proceeding and its object, and not on the mode adopted or the forum provided for the enforcement of the right. A proceeding which deals with a right of a civil nature does not cease to be so merely beca..Category: Procedural Law | Date: | Hits: 102
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... had acted with dishonest 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 an......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ng to terms and conditions of service including the question of seniority. They criticised the writ petitioners for invoking the writ jurisdiction of the High Court Division on ground of violation of fundamental rights under Articles 27 and 29 as these Articles, they contended, are not at al I attra......ed therein has been so mixed up with the facts and statutory rules that the question of fundamental right cannot be extricated for exclusive consideration in a petition for enforcement of fundamental right. 1, therefore, find that the High Court Division rightly held the writ petitions to be maintai..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....dent's Order No. 143 of 1972. This Order was not a protected 'law' under Article 47 of the Constitution and, as such, the question of its immunity from any attack on the ground of violation of any fundamental right could not arise. Certain orders of termination of service passed by the Parjatan ......ase, as we have pointed out, Regulation 12, like its parent law, being a protected legislation the provision for termination by notice is not void though it may be inconsistent with any fundamental right. 14. Now coming to Act XXXII of 1975 and Act XII of 1974, we have heard at lengt..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....tition wrongly showing the present writ petition as pro bono publico case exposing the cause of the downtrodden and deprived section of the community unable to spend money to establish their fundamental rights but in the instant case the appellant and the inhabitants of the locality ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....afique-ul-Huq further submits that from the statements made in the aforesaid two writ petitions it cannot be said that the writ-petitioner has been able to make out any case for enforcement of the fundamental right regarding press freedom and no prayer has been made in these two writ petitions s......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." 22. The learned Counsels for the respondents, on the other hand, submit that t..Category: Civil Law | Date: | Hits: 103
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....diction to try the present suit inasmuch as the civil Court is authorised to examine whether the statutory tribunal, i.e. in the present case, the acquiring authority, acted in conformity with the fundamental principles of judicial procedure. 17. Expanding further his argume......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....arned Counsel further submitted that the impugned memo dated 7-6-2003 (Annexure C-1 of the writ petition No. 4196 of 2003) is arbitrary, ultra-vires, illegal, malafide and is made in violation of the fundamental rights guaranteed by the Constitution inasmuch as the rejection of the writ petitioner's......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... notice to show cause upon the appellant before her removal from service is totally unfounded as the communication of newspaper cutting inviting comments of the appellant cannot be tagged with the fundamental principle of natural justice—that no man should be condemned unheard. 8. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....s of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women." 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shal...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....endous changes have taken place in our society. Circulation of newspapers, treatment of news, and readers' expectations have widened the activities of the press. Freedom of press is recognised as a fundamental right in our Constitution. As per Article 39 of the Constitution this freedom is subje......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
...., and to set of laws which have special position in view of absence of any limitation on the legislative competence to enact and enforce such laws on the ground of their inconsistency with guaranteed fundamental rights, can most appropriately be exercised and is still exercised by way of judicial re......alue 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 appeals are dismissed without any order as to cost. The petitioners are directed to t..Category: Administrative Law | Date: | Hits: 203
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....al to the interest of public safety or public order. No ground of detention was served on the detenu till the filing of the writ petition. It was contended that the impugned order was violative of fundamental rights guaranteed under Articles 27, 28, 31, 32 and 33 of the Constitution. 3. I......e said officer cannot be ignored altogether. In any view of the matter, the fact remains that the detenu has not been treated in accordance with law which, the Constitution says, is his inalienable right. The sum total of the argument of the learned Additional Attorney‑General has been that..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....e on record. It may, however, be mentioned that the confessing accused is not before us. It further appears that while disposing of the appeal, the learned Judges of the High Court Division made a fundamental mistake in treating the evidence of PWs 1 and 5 as corroborative evidence to the retrac......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
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