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Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....o. 2 expressed that he was unable to deliver the passport to the petitioner because of a direction from the higher authority. Refusal to deliver the new passport to the petitioner is violative of the fundamental rights of the petitioner as guaranteed under articles 37, 31 and 36&......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....time by giving direction upon the Managing Committee and that the board has power under Regulation No. 38(3) of the aforesaid Regulation of 2009. He further submits that, in the manner aforesaid, the fundamental right to be treated and accordance with law, as guaranteed to the petitioner by Article&......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... Siddique submits, exposes her to a great risk of depriving her from most of the civil rights and practically depriving her from earning a living by lawful occupation, trade or business which are her fundamental rights enshrined in the Constitution. 7. By referring to annexure- B2 (Summary of t....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....; Article 2 & 7 Abandoned Buildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the p......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....Remark Column which is of no legal effect; that the respondent No. 4 in holding a Secret Inquiry in collusion with respondent Nos. 5-7 violated the principle of Natural Justice and also infringed the fundamental rights of the petitioner as guaranteed under Articles 27, 31 of the Const......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
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Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....to file this petition for declaration that the demand made by ACC in the Annexure-A series is without lawful authority being ultra vires Article 83 of the Constitution and void being violative of the fundamental right guaranteed by Article 31 of the Constitution and obtained the present Rule and ord...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
....tizen can be taken away except in accordance with law.
9. From the trend of the arguments it appears to me that the respondent is seeking quashment of his sentence as being inconsistent with the fundamental tenets enshrined in certain clauses in Part III of the Constitution which are as under:
...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....tizen can be taken away except in accordance with law.
9. From the trend of the arguments it appears to me that the respondent is seeking quashment of his sentence as being inconsistent with the fundamental tenets enshrined in certain clauses in Part III of the Constitution which are as under:
......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
.... (2) of the Constitution, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One of the most s......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....from justice.
3. It is a settled point that a fugitive from justice is not entitled to any relief from a Court of law unless he surrenders to the jurisdiction of the Court. He cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus made fund......t cannot quash a proceeding. The judgment of the High Court Division is set-aside.
This petition is accordingly disposed of.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 176
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Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
....acceptable in the eye of law. He then submits that the impugned action of Respondent No. 6 has caused serious disruption in carrying out the petitioners business smoothly resulting in infringement of fundamental right to trade/business as enshrined in Article 40 of the Constitution of the People'...... that the concerned authorities were directed to issue Reference License in favour of the persons who came before this Court under Article 102 of the Constitution for enforcement of their fundamental right. In that view of the matter, the impugned letters issued by the licensing authority cannot sus..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....ing much inferior service records have been kept in service and the petitioners have compulsorily retired by the respondents by adopting the policy of "Pick and Chose" in violation of their fundamental rights guaranteed under Articles 29 and 31 of the Constitution and the respondents ......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
....ognize the seniority with effect from the date of appointment or regularization of service amounts to deprivation and denial of opportunity in the matter of employment and thus, violative of the fundamental rights guaranteed under Article 29 of the Constitution. The High Court Division further ......es in its proper perspective which contemplate that the promotion of the employees is to be considered by the authority with their full satisfaction and one cannot claim promotion as a matter of right. He submits that the High Court Division acted illegally in giving direction upon BSTI to give..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....rritory of administration. 35. In O' Reilly Vs. Mackman (1983 2 AC 237), Lord Diplock said that the right of a man to be given a fair opportunity of hearing what is alleged against him is so fundamental to any civilized legal system that it is to be presumed that Parliament intended that a ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....lt: The application is allowed with directions. Additional Evidence taken in exceptional situation In the context of the dispute arising from the exceptional situation to determine two fundamental issues, namely (1) the biological relationship between the a baby and a man as alle......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....R (AD) 111 was observed inter alia that: .........Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any other law, in respect of matters relat......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....at these are matters of public interest, and publication of such illegal activities of the Controller of Examination of Chittagong University comes within the ambit of freedom of the press which is a fundamental right guaranteed by our Constitution. He submitted that if the freedom of the press was ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....ssistant Headmasters and Assistant Headmistresses and if any promotion is given on the basis of the said notification the same will affect the seniority of the petitioners which is violative of their fundamental rights as guaranteed under the Constitution of the People's Republic of Bangladesh (......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
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Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
....tion Commission (Amendment) Act, 2013 (published in official Gazette on 20-11-2013), should not be declared to be void and ultra vires to the Constitution of Bangladesh as being violative of the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
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Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
.... of Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at page 259, Lord Hewart CJ. laid down the eternal principle of natural justice as "........That it is merely of some importance but is a fundamental importance that justice should not only be done, but should manifestly ad undoubtedly be......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
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