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Displaying 601-620 of 1362 results.
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......matters. Right to seek election to a Union Parishad is neither a common law right 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 jurisdictio..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......w the proviÂsions of section 199 of the Code of Criminal Procedure, 1898, that was enacted long before adopting the Constitution of the People's Republic of Bangladesh, guaranteeing some fundamental rights to each citizen of the country. Whereas, the provisions made in section 199 of the Code of Cr..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......edging that it shall be a fundaÂmental aim of the State to realize through the democratic process a socialist society, free from exploitation— a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all ci..Category: Civil Law | Date: | Hits: 138
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......e are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discretionary jurisdiction for enforcement and protection of fundamental rights of an aggrieved person. In the case of rights other than fundamental right the High Court Div..Category: Fiscal/Taxation Law | Date: | Hits: 138
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. .........pleading that it shall be a fundamental aim of the state to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all ci..Category: Constitutional Law | Date: | Hits: 344
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
.... "The proper test is in my view not merely statistical. It is to ascertain what would be the reasonable expectation or understanding of the employees holding that position at the relevant time. The contractual retiring age will prima facie be the normal, but it may be displaced by evidence that it......has "a legitimate expectation" of being accorded such a hearing....... Accordingly "legitimate expectations" in this context are capable of including expectations which go beyond enforceable legal rights, provided they have some reasonable basis: see Reg. Vs. Criminal Injuries Compensation Board,..Category: Employment/Service Law | Date: | Hits: 208
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......mission (in short, SEC) to make an issue of capital in Bangladesh. The authorized capital of the company is Taka 120,00,00,000 only divided into 1,20,00,000 ordinary shares of Taka 100 only each with rights, privileges and conditions attached thereto as are provided by the regulations of the petitio..Category: Business or Commercial Law | Date: | Hits: 237
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......poration, the Mayor, Dhaka City Corporation, the Chief Engineer and Mr. Saifullah, partner of Shehin Traders are creating allegedly unlawful obstacles to peaceful possession and enjoyment of property rights of the petitioners. The respondents have recently taken up a scheme for construction of steel..Category: Civil Law | Date: | Hits: 117
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......f rent thereof, on an application made to him by one or more co-sharer tenants,....."
Chapter XVII of the State Acquisition, and Tenancy Act, provides for maintenance and revision of the record of rights. Section 143 of the Act provides that the Collector shall maintain up-to-date, in the prescri..
Category: Property Law | Date: | Hits: 128
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......lents and thus became entitled to get the scale. Giving benefit to some and denying the same to others under the same agreement and service condition, is not only illegal but also offends fundamental rights of the respondents guaranteed under Articles 28 and 29 of the Constitution. We therefore, hol..Category: Labour and Industrial Law | Date: | Hits: 281
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......w case. The learned Advocate submits that he filed the writ petition to this Division under Article 102 of the Constitution of the People’s Republic of Bangladesh for enforcement of his fundamental rights under Part-3 of the Constitution is quite maintainable. Their right to property as guaranteed..
Category: Property Law | Date: | Hits: 150
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......r probate which was never filed by the executor who died leaving behind the plaintiff respondent and others as his heirs. As one of the sons of the executor, plaintiff respondent succeeded to all the rights and benefits under the will. Other sons and heirs of the executor had no objecÂtion to the g..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......mpugned judgment and order is a colourable exercise of power of the respondent No. 6 conferred by the said Act and having not been made in accordance with law the same is violative of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution. 5. By filing affidavit-in-opposit..Category: Civil Law | Date: | Hits: 116
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....tion in the city of London, engaged to monitor rules promulgated by itself, which governs company take overs and mergers and is without a visible source of legal support, having neither statutory nor contractual powers, is not amenable to judicial review. Although it declined to interfere on merit, ...... of the Justices of the Peace, was made). “When in 17th and 18th centuries the term ‘prerogative’ was applied to the Writ, this was because they were considered to be closely connected with the rights of the Crown; no doubt it was the reason they issued chiefly from the King’s Bench Court.â€..Category: Property Law | Date: | Hits: 159
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......ps held: "On the other hand, section 75 A, which was incorporated in 1954, came into operation only when a notification giving notice of the intention to undertake the preparation of the record of rights under section 17(3) or of the compensation assessment roll under section 31(1) had been given..Category: Property Law | Date: | Hits: 123
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......ioner are, briefly, as follows:
The organization Human Rights and Peace for Bangladesh (HRPB) is a non profitable registered organization and the objects of the organization is to uphold the human rights of the citizen and to work for the poor people, to give legal support to the helpless and to ..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... set out shall also constitute the fundamental principles. Article 11 in the present form incorporated in Part‑II is as follows: "11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed an..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... sold in auction pursuant to the said notice. It has been contended that section 12 of the Artha Rin Adalat Ain, 2003 is arbitrary, malafide and unlawful inasmuch as it has taken away the fundamental rights of the petitioner to enjoy his property and the petitioner will be denied to avail of the pro..Category: Civil Law | Date: | Hits: 129
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG CorÂporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......le under section 6 also. 13. The distinction between Article 6 and Article 40 is that Article 6 is limited to causes where a loan is in question and Article 40 cover the cases where interest in or rights over property is transferred whether possesÂsion is delivered or not as security for the mor..Category: Fiscal/Taxation Law | Date: | Hits: 269
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......ng with several other PresidenÂtial Orders have been preserved and protected against any challenge on the ground of any conflict with the provisions of the Constitution, particularly the fundamental rights of the citiÂzens.
Since it is not necessary to hold whether, the Acting President Order N..
Category: Others | Date: | Hits: 154
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