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Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ic purposes, record of rights at between landlords and tenants. This classification into territorial jurisdiction, pecuniary jurisdiction and jurisdiction of the subject-matter is obviously of a fundamental character. Given such jurisdiction, we must be careful to distinguish exercise of jur......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ally and for the said purpose, the Court must be satisfied that there are very good reasons for withholding from the holder of the decree the fruits thereof, even though for a temporary period. The fundamental consideration is that the mandate of the Court as contained in a decree must not be li...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ed by the Bombay Government in place of the Directors of the Company, for the purpose of taking over the management and administration of the Company, on the ground, inter alia, that the petitioner's fundamental right to hold,, acquire or dispose of his property, as guaranteed under Article 19 (1)......d by the directors or persons in control of the company. Such right is to be exercised obviously on behalf and for the benefit of the company, and that proof of the circumstances giving rise to sue a right. 66. Tested from this principle of Company law also, it is obvious that a share holder is n..Category: Property Law | Date: | Hits: 118
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... forced the State, to undertake various economic, social and public health measures on national scale. Sometimes existing undertakings are nationalised to achieve the welfare goal. The preamble and fundamental principles of state policy of the-corporation, directive in nature, intend to achieve a ...... the most elementary protection of all and, where a statutory form of protection would be less effective if it did not carry with it a right to be heard, I would not find it difficult to imply this right." As regards the question as to the legal bar against the specific enforcement of a contra..Category: Employment/Service Law | Date: | Hits: 170
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....er the propriety of the quantum of the sentences. The problem of fixing the sentence is not a simple one since a number of factors in each case have got to be considered. We, however, lay down the fundamental principles regarding the sentence of fine. Penal Code fixes both imprisonment and fine ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....their interest are unfairly prejudiced by the manner in which their company’s affairs are conducted and if the members do not follow the procedure prescribed by articles and if there has been fundamental breach of the rules and where the majority endeavouring directly or indirectly to appr...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
.... The accused having alleged to have committed a substantive offence of murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Arti......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....ion of the Corporation and thus the change in the Organisation set up and the separate seniority list prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution of the People’s R......nt shops and the section therein. 22. Regulation 12(1) of the Regulations does in no way show that promotion of the personnel of the Corporation to the higher posts is a vested right. The respondent Nos. 1 and 2 in Appeal No. 25 of 2000 who are the personnel of Bench Fitting ..Category: Employment/Service Law | Date: | Hits: 63
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....ransaction of external relations. It is quite another to use the political question doctrine as a formula to avoid decision in cases involving only internal affairs. If there is one principle that is fundamental in the constitutional system it is that of having the judiciary as the ultimate arbiter ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....at the contents of the letter and material facts as disclosed in the report were brought to the notice of the detenu which formed the basis of the grounds particularly that of ground No 4. 22. The fundamental mistake that the learned judges committed was to make a dissection of the grounds which ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....lier order and what facts weighed upon him are simply absent in the impugned order. The impugned order is therefore not a speaking order and cannot be sustained. 10. There is however a more fundamental objection to the impugned order. Respondent No. 4 has filed Title Suit No. 106 of 1984 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ovisions of the Town Improvement Act and the Building Constructions Act; that the respondents took extraneous matters into consideration while changing their earlier decision and that the appellant's fundamental right to enter into and carry on any lawful trade and business under Article 40 of the C......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
.... same Article. 2. The appellant contends that as the impugned order does not relate to an order of a military court or tribunal and as he challenged that order on the ground of violation of fundamental right the High Court Division ought not to have rejected his petition summarily. In exa...... A member of the disciplined force can be an aggrieved person and can also move, subject to the provision of Article 45 of the Constitution, the High Court Division for enforcement of a fundamental right. There are however, certain constitutional limitations of the judicial review of an order pas..Category: Constitutional Law | Date: | Hits: 203
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....n- Record, appearing for the appellant, Text Book Board, bluntly submitted that he has no instruction to proceed with the appeals. Since a question of vires of a law based on an interpretation of a fundamental right was involved in the appeals we decided to hear the learned Additional Attorney- ......l not be prescribed as a text-book in any school. There cannot be any doubt that the respondent-publishers have no right to publish such text-books and they themselves do not lay any claim to such right. Right to freedom of speech and expression does not give them that freedom. Now it has been s..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....mstances of each case. 19. Mr. Amirul Islam, however, contends that the Ordinance is a welfare law, Articles 15 and 20 of the Constitution provide that work is a right and that it shall be a fundamental responsibility of the State to secure to its citizen the right to work. He points out t......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....rangement between the parties was not permissible in law due to public policy and that if any right of any of the parties is violated which is guaranteed by the Constitution in derogation of the 1 fundamental law it cannot be enforced. 9. Leave was granted to consider whether the learned ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....e before taking of cognizance. But the usual and well-settled practice is that a criminal proceeding can only be quashed after cognizance has been taken and process issued thereupon subject to the fundamental principle that the power of quashing is and should be very sparingly exercised and only......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....sonable opportunity to explain its position. He further submits that the criteria of fairness has been fulfilled in this case. BTL was fully aware of the allegations against it. There was a breach of fundamental obligation, namely, the obligation to operate the cellular radio telephone system, in, c......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
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