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Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Bangladesh, reported in 1 BLC (AD)-77 strenuously argues that the petitioner may prefer writ petition for striking down the provision of statute or rules framed thereunder or any interference on his fundamental rights, but if he could obtain full relief from the Administrative Tribunal, without str......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....or property of any person shall be taken except in accordance with law. Article 32 provides that no person shall be deprived of life or personal liberty save in accordance with law. Those inalienable fundamental rights enshrined in the Constitution cannot not only be taken away by anybody including ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....rious endeavour was made beyond 1973 to address and resolve the outstanding problems identified by the Respondent No.2 and that in fact the 1972 London Agreement was never implemented. 19. More fundamental has been the thrust of Dr. Zahir’s arguments that in these circumstances the 1972 ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
....sori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other ......রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
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Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....s follows: "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 a...... "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 pass..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....sori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
....f the two P&I clubs have in a sense been forced in such a way by
the plaintiffs in these Suits that the two P & I clubs are expected to
assume a role that is blatantly discordant with their fundamental character and
functions. In this regard, and by reference to the House of Lords decisio......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
.... 6. The premises upon which, the writ petition was made, in short, are that the separation and independence of the judiciary from the executive and legislative organs have been the cornerstone of the fundamental principles of State policy as enshrined in Article 22 of the Constitution. The Constitut......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....ation holds no significance for Australian law.” His lordship went on to say, “The provisions of an international convention to which Australia is a party, especially one which declares universal fundamental rights, may be used by the courts as a legitimate guide in developing the common law.”...... the Children Act. At the very first instance, the police officer dealing with the child has a responsibility to consider bail. If the offence alleged is bailable, then bail is to be granted as of right. Under section 48 of the Act, 1974, the officer has to consider bail even if the child is arre..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....nded by a lawyer in a case charged under section 302 of the Penal Code being punishable with death is an inalienable right guaranteed in the law of our land and if any trial takes place refusing such fundamental right, the trial is a misnomer and the judgment passed convicting an accused is no judgm......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ahmud has drawn a distinction between the concepts of corporate rights and corporate benefits and submits that while suffering from the disability in the current state of affairs from enjoying the fundamental corporate right of being treated as voting members of a company entitled to attend ......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....e allegations and evidence levelled against him for the purpose of affording him a good defence. 70. The examination of the accused under section 342 of the Code is not a mere formality. It is the fundamental principle of law that the attention of the accused must be drawn to the evidence on reco...... reasonably true, even though in reality if may not be true, it reacts upon the entire prosecution case. The accused becomes entitled to get benefit of doubt not as a matter of grace but as matter of right. 82. In the instant case the learned trial Court failed to consider the defence case and th..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....e allegations and evidence levelled against him for the purpose of affording him a good defence. 70. The examination of the accused under section 342 of the Code is not a mere formality. It is the fundamental principle of law that the attention of the accused must be drawn to the evidence on reco...... reasonably true, even though in reality if may not be true, it reacts upon the entire prosecution case. The accused becomes entitled to get benefit of doubt not as a matter of grace but as matter of right. 82. In the instant case the learned trial Court failed to consider the defence case and th..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....nce. At that age when he would be deemed not to have the mental capacity in law to sign any contract, agreement or other document, he should not be deemed to have the mental capacity to sign away his fundamental right to remain silent and not to incriminate himself. The Children Act, 1974 provides f......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....e right to silence. At that age he would be deemed not have the mental capacity in law to sign any contract, agreement or other document. Can he be deemed to have the mental capacity to sign away his fundamental right to remain silent and not to incriminate himself? The Children Act, 1974 provides f......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....with the help of accused Abdul Aziz raped the victim, Shaneka Begum forcibly against her will for which he was convicted under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 27. The fundamental and basis presumption in the administration of criminal law and justice delivery syste......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
.... Court under the Rules, 2007, we invited Mr. MA Malek, learned Senior Advocate, as Amicus Curiae for his views. The learned Amicus Curiae submits that the Emergency Rules is against the spirit of the fundamental right guaranteed under Article 31 of the Constitution and that if any law is contrary to......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... 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." 17. On critical analysis of the averme......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....42 of the Code causes prejudice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the Court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is the duty of the Court to quest......nt case, the circumstances and evidence raise doubt as to the genuineness of the prosecution case and the accused appellants are entitled to get benefit of doubt not as a matter of grace but as of right. 66. In such a situation, a question that arises for consideration is, whether the presi..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
.... at very outset of hearing of the matter, has submitted that in view of the order Nos. 1 and 2 issued by the caretaker Government dated 11-1-2007 and 13-1-2007, these appeals involving enforcement of fundamental rights being suspended cannot be heard for the time being during the subsistence of the ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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