Search Options
Judgment Advanced Search
Displaying 761-780 of 1362 results.
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......al issued of grave importance raised in the instant case involving an international treaty affecting the territory of Bangladesh and his complaint as to an impending threat to his certain fundamental rights guaranteed by the Constitution namely, to move freely throughout the territory of Bangladesh ..
Category: Constitutional Law | Date: | Hits: 246
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ent dated 30.06.2008 signed between respondent No.2 and 6 (Annexure-B and C) shall not be declared to be without lawful authority and is of no legal effect, besides being violative of the fundamental rights of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and /or suc..Category: Constitutional Law | Date: | Hits: 145
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......69 (hereinafter shall be referred to as the Ordinance) read with sections 4 and 10 of the Shops & Establishments Act, 1965 (hereinafter shall be referred to as the Act) for establishment of their rights, amongst others to get 1‑½ hours rest during the respective duty hours which is for more t..
Category: Labour and Industrial Law | Date: | Hits: 112
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......hese aspects have been elaborately discussed in the case of Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55. Their Lordships agreed that “nothing is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, than the welfare of t..Category: Family Law | Date: | Hits: 327
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Family Court for decree for restitution of conjugal rights against the opposite party. The opposite party also filed a Family Court Suit No. 5 of 1987 i..Category: Family Law | Date: | Hits: 230
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......of the Insurance Policies in question would be hit by section 28 of the Contract Act which runs as follows:
"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 tribunals..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... left untouched. Under the Constitution of Bangladesh also similarly in order to protect the provision for judicial review, Article 44 of our Constitution (guaranteeing enforcement of the fundamental rights in accordance with Article 102(5) of the Constitution) has been left untouched and unaffected..Category: Administrative Law | Date: | Hits: 175
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... judicial review is only legality or otherwise of the decision making process to be examined on the touchstone of the doctrine of ultra vires which doctrine of ultra vires would also be applicable on contractual field if it is executed in exercise of a power under statute or Rules made thereunder an......nt took it knowing the condition. There was thus no right, no hope and no legitimate expectancy. The Bank acted within their fights in refusing to accept any; if not proved to have acted within their rights but acted unreasonably or unfairly or mala fide to which question we shall advert at the rele..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ...... (emphasis given) 2. The substance of the commentary is that, the judiciary is shackled, as remarked by a Judge of the High Court Division but the judiciary instead of protecting the fundamental rights of the citizens has been voluntarily giving opportunity to the fasist-government to tortu..Category: Criminal Law | Date: | Hits: 124
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......exure E) or in any other subsequent letter. In the present case the facts are not disputed or complicated. Rather the papers and documents filed by the respective parties are sufficient to settle the rights and interests of the parties and the instant dispute. Further, Mr. Fida Kamal submits that he..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......ernment in the Ministry have, therefore, decided that: (a) the disputed land in plots No. 557, 558 and 559 be treated as belonging to mouza Udaypur in lawful recognition of the existing records of rights, both RS and SA and admitted to be forming part of Touzi No. 2872 belonging to the Ulania Joi..Category: Property Law | Date: | Hits: 63
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......isal seeking, inter alia, a declaration that the order of termination of his services dated 17.9.81 was void, illegal, mala fide and without jurisdiction and that he was very much in service with all rights and privileges attached to his office. The suit was contested by defendant No. 1, General Man..Category: Employment/Service Law | Date: | Hits: 64
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......ent Rule and the order of stay has been extended from time to time till 11.4.90.
5. Mr. Amirul Islam, learned Advocate, submits that the petitioner is entitled to the protection of the fundamental rights as guaranteed under Articles 27 and 31 of the Constitution. Article 27 of the Constitution pr..
Category: Employment/Service Law | Date: | Hits: 79
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......ay refuse to grant it where there exists alternative remedy unless there are good grounds therefor. Whenever a person or anybody of persons having legal authority to determine questions affecting the rights of citizen having the duty to act the rights of citizen having the duty to act judicially in ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... void having been made with lack of inherent jurisdiction. 7. Mr. Khondker Amir Hossain, learned Counsel appearing for the respondents, has submitted that the relationship between the parties is a contractual one subject to rules and regulations and that the impugned order was passed on the verba......law by any consideration". In the same Volume at page 638 it has stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal rights further that "Acquiescence operates by way of estoppel". It is acquiescence in such circumsta..Category: Employment/Service Law | Date: | Hits: 88
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......Proceedings of this nature do not involve a lis between parties. Such proceedings are more in the nature of a public interest litigation, than in the nature of litigation for establishment of private rights or redress of wrongs. It is only to ensure that public interest is protected, that rival clai..
Category: Others | Date: | Hits: 128
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......2 of the Code of Civil Procedure. 5. Rule 31 contains five sub‑rules and an illustration. It provides the mode of execution of “decree for specific performance, for restitution of conjugal rights, or for an injunction.” 6. In the case of a decree for an injunction, if the judgment‑..Category: Procedural Law | Date: | Hits: 95
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......he petitioner has taken us through the application and the impugned order and drawn out attention to Article 40 of the Constitution - contained in Part‑III of the Constitution as of the fundamental rights. He submits that the petitioner has the right to conduct any business and he intended to part..Category: Constitutional Law | Date: | Hits: 187
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... the Constitution have been violated. 6. As such, the petitioner being seriously aggrieved by the aforesaid promotion of the above three persons approached this Court for enforcing his fundamental rights as enshrined in Article 29 of the Constitution and obtained the present Rule which were issue..Category: Employment/Service Law | Date: | Hits: 173
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... the final decree. Order 26, rules 13 to 18 are relevant for the purpose of disposal of this appeal. Rule 13 enables the Court to issue a commission ‘to make partition or separation according to rights as declared in preliminary decree’. Then follows rule 14(2) which stipulates “the Court a..Category: Procedural Law | Date: | Hits: 72
51825162515551455128512551125098509650925091508650595052505150475013499649664961