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Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....interest comprised in the transfer to the buyer. A suit which does not ask for pre-emption of the whole of such interest is defective, and should not be entertained. 16. It is a fundamental principle of the law of pre-emption, established for over a century in the sub-continen......plaintiff pre-emptor, which does not include within its scope the whole of such pre-emptional property, is un-maintainable as being inconsistent with the very nature and essence of the pre-emptive right. 17. Although the plaintiffs contention has always been that two separate prope..Category: Property Law | Date: | Hits: 84
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....on 25(3) of the said Act. The impugned letter dated 26-4-97 was issued for, compliance with section 25 (3) of the said Act. 8. The High Court Division found that there was no violation of fundamental rights of the petitioners as urged by them. 9. Dr. M. Zahir, learned Counsel fo......iqur Rahman that an exercise of discretion under section 48 is in the nature of an exercise of an enabling power which can be withdrawn also in the discretion of the authority. It creates no vested right. We, therefore, do not find any substance in the first contention of Dr M Zahir. 13...Category: Business or Commercial Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....on is so excluded, the civil Courts have jurisdiction 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 procedure.” 30. In the vein of this decision there are nume...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribunal to ente......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....he service of the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting appointment as others o...... behind it and actually appoints some persons from the list, the others left out can come to the High Court Division not for enforcement of any legal right but for enforcement of their fundamental right. Article 27 of the Constitution provides that all citizens are equal before law and are entit..Category: Employment/Service Law | Date: | Hits: 81
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....llip;………..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another is protection in connecti......;……..Respondent Judgment October 27, 1998. The Constitution of Bangladesh, 1972, Article 117 Violations of all kinds of law are not violations of fundamental right. The protection from transfer from one place to another is protection in connection with term..Category: Employment/Service Law | Date: | Hits: 68
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....cited from the Indian jurisdiction are cases in respect of civilian employees where malafide has been taken into consideration. 7. AR Yousuf next contends that the petitioner did not invoke fundamental rights and this petition was under Article 102(1)(a)(i) of the Constitution. Yet the Hi......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... list is void and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4) Lawyers Involved: B Hossain, De...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....d that besides producing an erroneous decision in the present case because of the wrong view of the law, the impugned decision has cast a long shadow on the established law touching people’s fundamental rights and Court’s jurisdiction and therefore the ‘public importance’......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....rected the respondents to hand over those goods to the petitioner within 7 days. 5. Mr. Mahbubey Alam, learned Additional Attorney-General submits that there being no violation of any fundamental right of the petitioner the learned Judges of the High Court Division fell in error in...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....nly challenging the assessment but also demanding refund of the alleged excess amount paid for releasing the imported goods. 26. When a writ petition is filed for enforcement of any of the fundamental rights under sub-article (1) of Article 102 of the Constitution apparently there is no ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....t 8, 1999. The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1).&nbs...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....nceling respectively an earlier order of the appellant dated 8-1-1994 regarding the pay and allowances of the respondents should not be declared ultra vires, malafide, discriminatory and violative of fundamental rights as guaranteed by the Constitution and to show cause as to why the attempt to trea......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... For public interest and for effective maintenance of service discipline transfer order can be passed as provided in the Service Rules of the PDB. An employee cannot raise the plea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....ich was liable to be forfeited upon cancellation of the licence. So, the cancellation of a licence is a serious matter adversely touching a person’s pecuniary interest. More than that, it affects a fundamental right of a citizen to conduct any lawful trade or business subject to certain restrictio......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....evances. We therefore do not think that Mr. Amirul Islam contentions are well-grounded either on facts or on law. 8. Mr. Islam next submits that an Administrative Tribunal can enforce fundamental rights and the petitioners wanted to enforce their fundamental rights which both the Tr...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....he different provisions made thereunder and other laws including the Constitution it should be inferred that a recognised secondary school is a statutory body entrusted with the implementation of a fundamental principle of state policy of establishing a uniform, mass-oriented and universal system......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ates by abrogating or keeping the source of all law, namely, the Constitution suspended. Then again Mr. Hossain has rightly pointed out that as far as recording of evidence is concerned there is a fundamental difference because under Martial Law Regulation No. 1 of 1982 a Martial Law Court only ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....cluding the consideration of people as a collective and consolidated personality will be a stand taken against the Constitution. Insofar as it concerns public wrong or public injury or invasion of fundamental rights of an indeterminate number of people, any member of the public, being a citizen, ......n not fulfilling its constitutional or statutory obligations. ……………..(97) Per BB Roy Chowdhury J (agreeing): Articles 31 and 32 of our Constitution protect right to life as a fundamental right. It encompasses within its ambit, the protection and preservation of environment, ecological b..Category: Constitutional Law | Date: | Hits: 450