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State Vs. Harish, 2002, 31 CLC (HCD)

....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.......o 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 provided for pr..

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)

.... 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.  ......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 procedure which ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......es and policies. In its 50 years of publication, its publication was stopped in the past several times by various governments by arbitrary and authoritarian actions for expressing views upholding the rights of the people and publishing news regarding ill-designed action of the government. During the..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ...... and on the death of the father the son takes the property, not as his heir, but by survivorship and, according to Dayabhag the son does not acquire any interest by birth in ancestral property, their rights arise for the first time on the father's death and at the same time a father, according to Da..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....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.   ......lso 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 suffering the com..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......ned to institute the suit. 4. Defendant Nos. 1 and 10 contested the suit by filing two separate written statements. Case of the defendant No. 1, in brief, is that both RS record and SA record of rights were correctly prepared in the name of Hafez Noor Mohammad as kolkorsha raiyat. Then, Hafez N..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)

....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ...... was restored to their predecessors‑in‑interest of the respondents upon refund of compensation money. Therefore, any mistaken approval of plan and mutation or names in tire record of rights do not have any bearing on the question of title and possession of the case land in question...

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... 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. ...... 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 only in acc..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

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)

....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. ...... Bangladesh Legal Aid and Services Trust, hereinafter referred to as BLAST, is registered under the Companies Act, 1913. It is non profit trust and provides legal aid to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution. BLAST, on req..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......"This is the principle embodied in the maxim audi alteram partem and has been applied by this Court in the other case where orders passed by administrative tribunal or authorities, affecting the rights of citizens, in point of property or other rights, had been passed without giving an opportun..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....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. ......orts containing opinions of some public servants cannot give to plaintiffs any vested right in respect of the suit property and accordingly, these cannot be the basis for determination of the assumed rights on the plaintiff in judicial proceeding. 17. In this case we have noticed that these doc..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....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: ......tion Council means the Council consisting of the Chairman and a representative of each of the parties. 4. Anyone who wants to rule persons first tries to humiliate them, to trick them out of their rights and their capacity for resistance, until they are powerless before him as animals.” Wrote E..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ive law should determine the scope of law of procedure and not vice versa. Legal procedure should be suf­ficiently elastic and comprehensive to afford the requisite means for the protection of all rights which the substantive law sees fit to recognize". 12. The learned advocate referred to ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

.... Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an individual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....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. ......hich 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 this inhuma..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

.... Government decision communicated vide Memo dated 4-3-1986. 3. Learned Advocate for the respondent No.1 after placing the Affidavit-in-Opposition submitted that the Rule is not maintainable as a contractual right claimed by the petitioner cannot be enforced by a writ of mandamus. He further sub......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

.... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......ers Vs. Emperor 18 Crl. Law journal 781 a gun was found in an abandoned room of a joint family house belonging to three accused who jointly managed the affairs of the joint family and exercised equal rights, and the room was accessible from outside. It was held that the accused could not be convicte..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......ted a relief which is not claimed, if the circumstances of the case are such that the granting of such relief would result in serious prejudice to the interested party and deprive him of the valuable rights under the statute”. 63. The Pakistan Supreme Court has gone further and refused a ..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

.... on the subject of acceptance: “This requirement of acceptance led certain juristic writers, especially those of the nineteenth century, to place great emphasis upon the consensual nature of contractual obligations. The essence of a contract is, it was said, the meeting of the wills of the ......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292