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Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......are misled by the ill advice of the Courts' staffs or advocates' clerks of their right of entitlement of a copy of the judgment free of cost. It is not expected that the prisoners are aware of their rights in this regard. The trial Courts have a responsibility in this regard to intimate the convict..Category: Criminal Law | Date: | Hits: 73
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....urpose of reinstatement in the office. (e) Terms and conditions of service prescribed by rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termination of service in substantial dis......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......adesh to see that the name of Salimullah Muslim Hall is not changed in an arbitrary and discriminatory manner without any rhyme or reason. The petitioner has succeeded in showing that his fundamental rights are infringed for removing the word "Muslim" from the name of Salimullah Muslim Hall in an un..Category: Civil Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ...... the less talk the better of these two judgments. Roaming on the surface in a civil litigation without assessment of the evidence on record in the name of adjudication of dispute and determination of rights and liabilities of the parties to the suit even without entering into the evidence is not onl..Category: Property Law | Date: | Hits: 80
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... to be discharged on that ground alone. The petitioner was not a person aggrieved by the impugned provisions of Acts 9, 10, 11 and 12 of 1998. The Peace Accord neither violated any of the fundamental rights nor any other rights of the petitioner as guaranteed under the Constitution. The petitioner..Category: Constitutional Law | Date: | Hits: 219
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......ive Tribunal has exclusive jurisdiction to hear and determine an application filed by any person in the service of the Republic in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of Republic...Category: Administrative Law | Date: | Hits: 205
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......or declaration of their title to the suit land and for further declaration that the deed dated 04.12.1997 in respect of the suit land was not binding upon the them and for correction of the record of rights in respect of the suit land. 3. The plaint case, in short, was that an area measuring 49 d..Category: Property Law | Date: | Hits: 68
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
....or consideration for regular appointment in response to public advertisement in daily news paper. Though the writ petitioners originally entered into Master Roll basis, they were subsequently offered contractual appointment. The authority published second advertisement in an issue of daily Ittefaq i...... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ..Category: Employment/Service Law | Date: | Hits: 133
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......s and heard the learned Advocates.
7. In order to uphold an order of detention, this Court has to satisfy itself that the person need be detained in preventive detention curtailing his fundamental rights. Such satisfaction of the Court must be objective satisfaction i.e. judicial satisfaction, on..
Category: Criminal Law | Date: | Hits: 64
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......of qualified persons to act as Nikah Registrars and if that is the purpose we find that the second proviso to section 4 and amended Rule 10 cannot be considered as violative of any of the fundamental rights as guaranteed under the Constitution. In view of our discussion above the Rules are liable to..Category: Civil Law | Date: | Hits: 79
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444....... for the petitioners in Writ Petition Nos. 2562 of 2003, 6320 of 2002 and 728 of 2003 further submit that Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 is against the vested rights of the petitioners and therefore, against the petitioner's right to protection of law, The le..
Category: Civil Law | Date: | Hits: 70
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......s are entrusted with the arduous task of protecting the frontiers of Bangladesh and that is why the maintenance of strict discipline among its members takes precedence and, of necessity, limits their rights. 20. The chapter on the fundamental rights are stated in Part-III of the Constitution. Art..Category: Employment/Service Law | Date: | Hits: 148
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......rolled as Waqf property and that the Waqf deed was never acted upon as the waqif did not intend to create the Waqf in respect of the suit property. Exibit-4 which is the printed form of the record of rights, shows that the suit property was recorded as a secular property in the names of the heirs of..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......scretion which the Court exercises upon due consideration of the facts and circumstances of each case. The appellant has complained that he is under impending threat of deprivation of his fundamental rights under Article 36 of the Constitution and his right of franchise. Because of this as well as o..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ...... for the purpose of disposal of the Rule, are that the petitioner no.1 Bangladesh Legal Aid and Services Trust (in short BLAST) earlier moved applications as public interest litigation invoking legal rights of the disadvantaged, disabled and marginalized segment of the society and has also preferred..Category: Property Law | Date: | Hits: 135
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209....... (iii) That the appellants have been held in jail custody since 12.7.1988 for about 2‑1/2 years without trial and this is highly derogatory to the principles of criminal justice and the fundamental rights as guaranteed and enshrined under Article 35(3) of our Constitution Le the Constitution of th..Category: Criminal Law | Date: | Hits: 68
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......of the said Parishad was required to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed a..Category: Constitutional Law | Date: | Hits: 461
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......so read out a paragraph on “vested right” from the Law Lexicon wherein it is said that a vested right cannot be taken away without the consent of the owner. The author has also stated that vested rights can arise from contracts, from statutes and from operation of law and he narrates the provisi..
Category: Civil Law | Date: | Hits: 83
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295........ 2. The Opposite Party No.1 Shajahan @ Shaju as plaintiff instituted Family Suit No.27 of 1996 in the Court of the learned Senior Assistant Judge, Chouddagram, Comilla for restitution of conjugal rights impleading his wife i.e. the petitioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......der section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding th..Category: Family Law | Date: | Hits: 166
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