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Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....udi alteram pattern renders a decision illegal in the exercise of undoubted jurisdiction. Later in Nawabkhan Vs. Gujrat, AIR 1974 SC 1471, the Indian Supreme Court held that such a breach restricting fundamental right of a citizen will render a decision void ab initio, while in other cases not all v......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....nd Appointment Letter that they had a right and / or a legitimate expectation that subject to satisfactory performance only their contract will automatically be renewed and this term of employment is fundamental to the relationship and that by not renewing their contract after expiry of initial 5 ye......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....mut of election matters. Right to seek election to a Union Parishad is neither a common law, for the enforcement of which a civil Court may come forward, nor is it a constitutional right, such as the fundamental rights as described in Chapter IV of our Constitution, for the enforcement of which writ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....iciate in class 1 post but the order promoting him to class 1 post specifically mentioned that while officiating he would get his own pay in his substantive capacity in class II service. Interpreting fundamental rule 35 the Supreme Court of Pakistan held that the Governments own decision printed in ...... consent and the fact that other party has acted upon it is sufficient consideration. Where the waiver is not express, it may be implied from conduct which is inconsistent with the continuance of the right." 16. Thus, the petitioner by accepting those conditions imposed upon her on ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
...., then unless different intention appears, the repeal shall not affect any obligation or liability accrued or incurred under any enactment so repealed ........”
20. In view of the above cases, fundamental is the contention of the learned Counsel for the respondent, that the amended provision ......ndent. For this nonfulfilment of a statutory precondition, in our view, no right has accrued to the respondent to take recourse to Article 102 of the Constitution for the breach of an accrued legal right. All the arguments regarding retrospective effect of a statute and the decisions in support of..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....mprisonment for life the mere heinousness/grievousness of the offence is not by itself a circumstance sufficient to take away the discretion of a Court to grant bail in deprivation of the accuseds' fundamental right to be freed but in addition thereto there must also exist reasonable grounds for ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
.... the Ordinance has been issued without any approval from the Central Land Allocation Committee. Lastly it has been asserted that the notice issued under section 3 of the Ordinance is violative of the fundamental rights of the petitioners guaranteed by Article 27, 31, 40 and 42 of the Constitution.&n......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....highly coherent in its interpretation and application. 25. There are certain general principles of review whose authority is universally acknowledge that ought not to be disregarded. The fundamental is that an error is necessary to be a ground for review but it must be one, which is app......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
State Vs. Harish, 2002, 31 CLC (HCD)
....e was sent to jail custody and also the time. 32. In the case of Aftabur Rahman alias Zangi Vs. State reported in 45 DLR 593 it has been observed by a Division Bench that our Constitution in its fundamental rights (Article 33) regarding safeguard as to arrest and detention of a citizen also pro......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....and protect the rule of law. The cutting edge of law is remedial and the art of justice has to respond here so that transparency wins over opaqueness…..(72) Gross violation of fundamental rights should shock the judicial conscience and force it to leave aside additional proc...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....f Court and obstruction in the administration of justice because such an article or feature in a modem newspaper in a democratic society, that enjoys the freedom of press and freedom of speech as the fundamental right guaranteed under the Constitution, is a common thing. Such reports are not uncommo...... constitutional values of free criticism and the need for a fearless curative process and its presiding functionary, the Judge. To criticise a Judge fairly albeit fiercely is no crime but a necessary right. Where freedom of expression subserves public interest in reasonable measure public justice ca..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....rieved may also come if his heart bleeds for his less fortunate fellows for any wrong done by the Government. It is also settled that when an action concerns public wrong or injury or invasion on the fundamental rights of indeterminate number of people, any member of the public being a citizen suffe......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
.... 35 DLR (AD) 31. He next submits that the decision of a meeting under the chairmanship of the Secretary of the Ministry of Works is not the law and cannot prevail upon the law of the petitioner has a fundamental rights under Article 31 of the Constitution to be dealt with in accordance with law, and...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
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Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....son who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” 34. It is a fundamental principle of criminal trial that the accused is presumed to be innocent and therefore th......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... conviction and the sentence passed against petitioner Alamgir Hossain by the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain is violative of the provisions of “The Children Act, 1974” as well as the fundamental rights guaranteed by the Constitution and also a violation of the directions of this Cou......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....iled after a long lapse of time of eight/nine years only to serve the political purpose of his rival who was acting from behind the screen and the writ petitioners are not aggrieved persons and their fundamental right has not been infringed in any way. 5. The High Court Division on consideratio......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....n 63(2) of the Evidence Act. The plaintiffs did not follow the minimum requirement of law in exhibiting the said documents and the learned Subordinate Judge has mechanically marked them exhibits. The fundamental rule must not be lost sight of the fact that the contents of document cannot be proved b......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
....f fatwas during the period from 1993 to 2000 not only we get their alarming number, but also their astonishing range and variety. Dr. Hossain submits that those fatwas were the open challenges to the fundamental rights guaranteed under Articles 27, 28, 31 and 35 of the Constitution, yet the State fa......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
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Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
....fe custody which is not supported by any law, whereby the liberty and freedom of a citizen is robbed by the State without any lawful excuse. In the name of the victim girl’s welfare her inalienable fundamental rights are violated by the State. The petitioner claims that she is only too aware about......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
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