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.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......f the Local Government Institutions, as has been enshrined in Article 9 of the Constitution of the People's Republic of Bangladesh and that the said provision being violative of the fundamental rights of the petitioner, guaranteed under Articles 27, 29 and 31 of the Constitution, is unconstitu..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......oper forum for the petitioner (in writ petition No. 3726/1997) is the Administrative Tribunal as the virus of law has not been challenged in the instant case but only in the matter of the fundamental rights challenging by a writ petition was maintainable and the rule was issued. 14. Pursuant to t..Category: Administrative Law | Date: | Hits: 421
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. .......08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's R..Category: Criminal Law | Date: | Hits: 112
....not maintainable in law.
It conceives a private individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the contractual one. In such a case, the employee is interested only in his remuneration which can be me......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....pecial provisions have been made for speedy recovery of dues from the defaulter in articles 33, 34 and 35 of the said order. The loan is advanced on certain terms and conditions and loanee is under contractual obligation to repay the loan with interest in terms of the loan. In case of the breach o......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......law enunciated in the case of Scott Vs. Avery. Section 28 of the Contract Act is in following terms:—
"28. Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribuna..
Category: Business or Commercial Law | Date: | Hits: 290
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ...... to the learned Counsel has converted an election to mere selection, at the instance of one person and one quarter which is repugnant to the concept of democracy and of free election. The fundamental rights of the Members of the Parliament to exercise their choice has been violated. The Act is a mal..Category: Constitutional Law | Date: | Hits: 414
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ...... Artha Rin Adalat Ain, 2003. Special Law is directed towards a special subject, a special class of objects and gives rise to special cause of action and self provides for the method of enforcement of rights conferred by that Act i.e. a code complete in itself. Therefore, Artha Rin Adalat Ain, 1990 o..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......le runs as follows: “9. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interest of the parties actually before it. 16. In spite of the Government being not j..Category: Procedural Law | Date: | Hits: 129
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......alized or requisitioned save by authority of law. …………………………………………..” 36. On a plain reading of Articles 31, 32 and 42 of the Constitution, it appears that the rights to protection of law, to life and to hold property of the villagers of the above mentioned vi..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......1, rule 9 is as follows:- "No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it." Order 1, rule 10, sub-rule (2), is as ..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......he employees shall be liable to be dismissed summarily, and without any notice, and shall be entitled to receive pay only upto the date of such dismissal. This shall be without prejudice to any other rights of and remedies with the Bank." Save and except the above terms and conditions of the serv..Category: Employment/Service Law | Date: | Hits: 175
.... for enforcing a contract or for preventing a breach of contract and since the claim is founded on a contract, writ petition does not lie to enforce the performance, or to restrain the breach, of a contractual obligation and as such, the Rule is liable to be discharged.
4. It is further stated ......tion and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental rights which guarantee fair play in business and other trade.
3. An affidavit-in-opposition has b..
Category: Others | Date: | Hits: 227
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......o.1 and as such attempt for his eviction from the said accommodation on 20‑4‑89 without prior notice and by force is not only illegal but also violative of the fundamental right to life and human rights under the Charter of the United Nations. 3. Learned advocate for the respondents after pla..Category: Constitutional Law | Date: | Hits: 369
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......ated therein that the Commissioners of the reserved seats have been elected in a privileged manner and that there was no bar for them to be elected from the general seats where they could share equal rights and obligations, with those who are elected in those seats, that the system of reserved seat ..Category: Constitutional Law | Date: | Hits: 443
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ...... a deemed citizen having a permanent residence of Bangladesh as on the 25th day of March, 1971, under the laws and the Constitution owning allegiance and being entitled to the enjoyment of full civil rights. 66. Relevant Article 2 of the Bangladesh Citizenship (Temporary Provisions) Order, 1972 r..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... to that legal aspect. It has been settled for a century in England that a Barrister cannot be sued by his client for breach of contract because the fees he receives are an honorarium and there is no contractual relationship between a barrister and a client. This position continued until Hedley Byrn...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......d that the ground No.2 is alleged to have been stated by the detenu after the impugned order was passed and so it cannot be a ground for detention made earlier. He also submitted that the fundamental rights of the detenu have been grossly violated and he had not been dealt in accordance with law. ..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......dhury, the husband of the opposite party Mrs. Sheerin Alam Chowdhury on the other hand, as plaintiff filed a counter suit being Family Suit No.10 of 1987 in the said Court for restitution of conjugal rights. 5. The learned Family Judge by his common Judgment and decree dated 17.3.92 dismissed the..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500....... suit has arisen at Laxmipur Sub-Registry Office. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the opposite parties, on the other hand, has contended that the suit involves the rights of immunity from immovable properties and as such is governed by section 16 of the Code of Ci..Category: Property Law | Date: | Hits: 136
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