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Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....ntrol Act, 1990 in the Homeopathic Drug manufacturing overlapping the Drugs Act, 1940 and Rules thereunder and Drugs (Control) Ordinance, 1982 are ultra vires of the Constitution and also offends the fundamental right of the petitioner guaranteed under the Constitution. 3. The facts detailed for......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....342 of the Code of Criminal Procedure, otherwise it would cause miscarriage of justice. Provision of section 342 of the Code being a mandatory provision of procedural law, the departure from the fundamental principles of said section causes grave prejudice to the accused. Here, in this case, si......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....etitioner by the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful authority, and as unconstitutional and violative of the petitioners fundamental rights guaranteed by Articles 27, 31, 40 and 42 of the Constitution and why the responde......r possession of the disputed land to respondent No.8. The respondents unilaterally obtained an order on 3-6-2003 setting aside the mutation and deleting the petitioner’s name from the record of right. When it came to the knowledge of the petitioner, it filed an appeal being Miscellaneous Appea..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....ement. He relied upon N Chellappan Vs. Secretary, Kerala Electricity Board and another, AIR 1975 SC 230. 19. In reply, Mr. Fazlul Karim submitted that existence of an arbitration agreement is so fundamental to an arbitration proceeding that by no sort of participation by a party in any arbitrat...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... writ petition to grant registration and licence to the aforesaid Trawler of the petitioner is, apart from being contrary to the provisions of the aforesaid Ordinance and Rules, also violative of the fundamental rights of the petitioner guaranteed under Articles 27, 31 and 40 of the Constitution. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
.... made the Rule absolute upon observing "The Government is to rehabilitate displaced persons in the acquiring land and by allotment of land which is a matter of right for the affected persons and this fundamental right of the affected persons cannot be disturbed in any manner by the Requiring Body. S......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
.... the cardinal principle of law in case of ouster of jurisdiction to examine the case whether provisions of an Act have been complied with or not or that the authority has acted in conformity with the fundamental principle of judicial prudence. 14. Similarly, under section 50 of the Waqfs Ordin......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....illegal one. It is contended that the impugned preliminary decree is an irregular decree liable to be set aside and sections 6 and 7 of die Artha Rin Adalat Ain, 1990 are contrary to the petitioner's fundamental right to justice as guaranteed under the Constitution. Even if sections 6 and 7 are foun...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....ose two batches and, as such, the question of retrospective effect of the said provision by the impugned notification does not apply inasmuch as the said provision was discriminatory and violative of fundamental right guaranteed under Articles 27, 29 and 31 of the Constitution. 13. The impugned ......e provision of the rule thereby adopting a double standard resulting in mischief of discrimination retrospectively inasmuch as the retrospective operation cannot be given so as to impair the existing right. The learned Counsel has further submitted with reference to the principle of law enunciated i..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....punishment so awarded unreasonably severe, referred to the case of Sonali Bank vs Ruhul Amin Khan reported in 46 DLR (AD) 85 wherein it has been observed "It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally a...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....s upon the presence of criminal intent. It is the keynote of this chapter as it is of the English Criminal Law that in order to hold a person guilty of an offence, the existence of mens rea in him is fundamental when the accused relies on a general exception contained in Chapter IV of the Penal Code...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....1974 As well as in the Rule 10 of the Muslim Marriages and Divorces Registration Rules, 1974 and the said legal provisions are not ultra vires of the Constitution and in no way infringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referre...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ter into suit land and illegally dispossessed Plaintiff from suit property. 53. Specific date of threatened dispossession had not been noted down in plaint but that cannot be characterised to be a fundamental defect and infirmity in plaint. It cannot be at all suggested that Plaint did not consis......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... circular having no force of law cannot supersede an enactment of the Parliament i.e. section 3(3) of the Special Powers Act, 1974. And under no circumstance can such officers be allowed to flout the fundamental right of a citizen guaranteed by and under Articles 31, 32 and 36 of the Constitution. W......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
.... 1972 that the respondents are Bangladeshi citizens and their property could not be an abandoned property inasmuch as the respondents not being citizens of Bangladesh the enforcement of their alleged fundamental right by way of writ petition was not maintainable once their application before the Cou......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279