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Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ia, that the writ petition in its present form is not maintainable as it raises disputed questions of facts hence, the Rule is liable to be discharged; that the respondents did not violate the fundamental rights as envisaged in Articles 27, 31, 40 and 42 of the Constitution; that the Memo No......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es not normally interfere into proceedings at the stage of investigation under section 561A of the Code of Criminal Procedure, the writ jurisdiction is the appropriate forum for protecting the fundamental rights, sufferings of reputation and harassment of innocent persons. The respondent a......cial review of the High Court Division under article 102 of the Constitution to protect the fundamental right of the accused as guaranteed in article 31 of the Constitution or any other fundamental right. In the facts and circumstances of the respective criminal case, we find nothing to apply t..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....both the trial Court as well as the High Court Division did not apply it’s judicial mind in believing the date of knowledge of the pre-emptor. 23. The High Court Division has committed another fundamental error in disturbing the finding of fact on the point of date of knowledge, inasmuch as......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....the respondent company. According to Mr. Imam the consequence of disfranchising the majority share holders from electing the majority of the directors (i.e.14 out of 20) would destroy one of the most fundamental concepts of company law i.e. majority rule as enunciated in the classic case of Foss Vs.......listed in the Stock Exchange for issuing shares to the public at large) is reviewed then the following can be observed. The Prospectus categorically provides that each share will have one voting right. It does not provide that the voting right will be limited to the effect that the holders of p..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ion proceeding under the Artha Rin Adalat Ain, 2003. 20. We have also gone through the unreported decision of a Division Bench in the case of SDS Dairy Limited Vs. Bangladesh and others. There are fundamental similarities between the facts of that case with those of the present case. It was decid...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ospective effect for a period of 5 (five) years which was denied to the petitioner despite the fact that prayer was made by him on medical grounds, which is arbitrary, malafide and contrary to the fundamental rights of the petitioner as guaranteed under Articles 27, 29 and 31 of the Constitution...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
.... Part-III stipulates the Fundamental Rights of the people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, sha......te their sufferings, to provide redress from the high handedness of the people in authority and others and to establish the rule of law. The right to enforce a fundamental right is also a fundamental right.
38. These are extraordinary original jurisdiction of the High Court Division. Of necessi..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....ule announced by the Election Commission. 12. From the writ petition it appears that the petitioner filed the writ petition as public interest litigation, but we find no infringement of any fundamental right guaranteed by the Constitution of the People's Republic of Bangladesh or any o......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....ecessary to prevent continuance perpetuation of illegality or usurpation of an office. 61. The basis to approach the High Court Division for an appropriate writ is only to enforce or protect any fundamental or legal and justiciable right. In other words, any person having no fundamental or lega......tuation of illegality or usurpation of an office. 61. The basis to approach the High Court Division for an appropriate writ is only to enforce or protect any fundamental or legal and justiciable right. In other words, any person having no fundamental or legal and justiciable rights or any perso..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....er the question of enforcing the arbitration agreement. The right to institute a suit in some Court is conferred, on a person having a grievance of a civil nature, und6r the general law. It is a fundamental principle of law that where there is a right there is a remedy. Section 9 of the Code of......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
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Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
.... section 11 read with Rule 8(2) of the Muslim Marriages and Divorces(Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without gi......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
..... 3 is also taking steps to make people aware by making publicity so that maid-servants and other similarly placed working persons get protection from the State functionaries by making enforcement of fundamental rights in every sphere.
5. The learned advocate for the petitioner has filed a supple......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
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Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
....ordance with law and, most importantly, Article 36 guarantees right of free movement to every citizen. Apart from Article 10, all other guarantees mentioned above are enshrined in the Constitution as fundamental rights of every citizen and thus put an obligation on the State to ensure them to the ci......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
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Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....f any such subject matter about which limitation has been imposed by the other provisions of the Constitution. In other words, the Plenary Powers of legislation of the Parliament are limited by the fundamental rights guaranteed by Part III of the Constitution. Therefore, Parliament cannot enact ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ate such allegations, or to prosecute and punish those found responsible, should not be declared to be without lawful authority or of no legal effect and/or unconstitutional being in violation of the fundamental rights guaranteed under Articles 27,31,32 and 35(5) of the Constitution respectively, an...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Judgment reveals that the Tribunal's overriding satisfaction with the ostensibly mutually corroborating and substantiating evidence of eyewitnesses unduly relegates to relative inconsequence certain fundamental elements of the prosecution case as makes its progression as one of apparent suicide, as...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....avour of any codification of the Hindu Law in this Country. We are very much conscious about the extreme sensitive issue involved in this particular matter. But our view is that far reaching and fundamental changes could be achieved and we shall be able to have fair and equitable solution ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....r submits that right to education is implicit in and flows from the right to life guaranteed by Part III of the Constitution and from this standpoint, the petitioners can not be deprived of this fundamental right particularly when they prosecuted their studies for a considerable length of time ......ated in favour of any individual. The power to add to, amend, vary or rescind available under Section 21 of the General Clauses Act does not include the authority to take away a validly acquired right. It is well-settled that Fraud Vitiates Everything and by that reason, they should not be..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....onary of the State or a local authority or public authority or executive excess causes a legal injury to a specific class or group of individuals or a public injury or public wrong or infraction of fundamental rights affecting a number of people is involved the exercise of jurisdiction by Court is......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Ministry of Social Welfare which house female children. 5. The law relating to custody of children, who have come into conflict with the law, is to be found in the Children Act, 1974. It is a fundamental aspect of the Children Act that children are not to be kept in custody within the prison...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
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