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Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ire outstanding dues in order to restore the position of Director in the Bank. 13. The aforesaid view has also been mandated by the Appellate Division reported in 5 MLR (AD) 137 which also gives fundamental guideline which is also quoted below: "In the meantime the lending Bank, upon the p......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....for Norsingdi-4 constituency violating Article 12 and Article 18 of the guidelines of the Election Commission for the conduct of elections to Parliament and thereby most illegally deprived him of his fundamental rights, violating the provisions of RPO 1972 the Returning Officer validated the candida......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ndents of the charges despite the fact that the prosecution has been able to prove the charges beyond reasonable doubt against them. It is further contended that the High Court Division committed a fundamental error in shifting the onus upon prosecution as to the cause of death of the victims disb......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....factories of respondents No.3 to 5 in accordance with the provisions of the Factories Act, 1965 and why such activity should not be declared as illegal and unconstitutional, being in violation of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution and why they should not b...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
....sh Sugar and Food Industries
Corporation Regulations, 1989, being a colourable exercise of power for
collateral purposes and for frustrating earlier judicial proceedings and being
violative of the fundamental rights of the petitioner as well as the principle
of natural justice should not be decl......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....e, the defendant-petitioner shall be without may remedy and the plaintiffs shall be allowed to enjoy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled p......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
....thorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to be without lawful authority and is of no legal effect and or violative of fundamental rights as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution and why...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....কেন্দ্র এবং প্যাথলজিক্যাল ল্যাব্রেটরি” in 2nd schedule of VAT Act, 1991, being ultra vires and beyond the scope of fundamental state policy as stated in the Constitution. VAT is exempted from treatment and health se...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....atory requirement of law that no charge can be framed in the absence of the accused person, yet that is exactly what had been done in the instant case. He left no stone unmoved to assert that it is a fundamental legal dogma that charge cannot be framed against a non-absconding accused, in her absenc......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....lso very much an English Common Law requirement that judicial review may not normally be available where alternative, effective, statutory remedies are in hands, as depicted above. In any event, when fundamental right is invoked, question of alternative remedy becomes a matter of discretion only bec......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....lso very much an English Common Law requirement that judicial review may not normally be available where alternative, effective, statutory remedies are in hands, as depicted above. In any event, when fundamental right is invoked, question of alternative remedy becomes a matter of discretion only bec......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....ent March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, an......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....sh and others........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to ......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....hild’ is uniformly fixed in all statutes as anyone below the age of 18 years [Art.1 CRC]; the date relevant for considering the age of the accused is the date of commission of the offence, which is fundamental to the concept of protection of children who are not fully mature and do not appreciate ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....ubmitting S.A. Khatian which has got
no evidentiary value though C.S. and R.S. Khatian
has evidentiary value and failing to consider those aspects of the case and
allowing the preemption committed fundamental error of law. He submitted
further the Courts below relying merely on S.A. Khatian with......co-sharer in respect of the said disputed
land. After what we have stated above with regard to the documentary as well as
oral evidence we are unable to attach any importance to the said record of
right. It is true that record of right indicates certain right of certain
parties but that right is..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....te………………………………………………Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....learned amicus curiae, submits that it is the constitutional obligation of the Government to enact law to protect the women at their workplaces and educational institutions in order to preserve their fundamental rights enshrined in the Constitution. 16. He further submits that this constitutional......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....ld not exercise this discretion. 47. Even though sections 235 and 239 give discretion to the Court to try certain persons or offences jointly, yet there are certain considerations which are more fundamental than merely the convenience of the proceeding or trial. In a criminal trial, it is a fun......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....its that the provision of section 138A of the Act is not ultra vires to the Constitution or contrary to Articles 27,31,40 and 42 of the Constitution inasmuch as the right to file appeal is not a fundamental right but it is a statutory right and therefore, it cannot be said that the petitio......an, the learned Advocate appearing on behalf of the respondent No.4 in Writ Petition No.3058 of 2008 submits that right to file appeal is not a fundamental right, but it is a statutory right. The petitioner's right has not been curtailed for such pre-condition provided in section ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....bmits that the provision of section 138A of the Act is not ultra vires to the Constitution or contrary to Articles 27, 31, 40, and 42 of the Constitution inasmuch as the right to file appeal is not a fundamental right but it is a statutory right and therefore, it cannot be said that the petitioner's......Mr. Kamruzzaman, the learned Advocate appearing on behalf of the respondent No. 4 in Writ Petition No. 3058 of 2008 submits that right to file appeal is not a fundamental right, but it is a statutory right. The petitioner's right has not been curtailed for such pre-condition provided in section 138A..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
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