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Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......ent that a single marking method for both of the versions has been maintained, one group of students either the Bangla or the English had certainly been subjected to serious injustice violating their rights to have equality before law and equal protection of law as contained in article 27 of the Con..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... and 8. Writ Petition No.14465 of 2012. Judgment Naima Haider J.- This writ petition designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is the Member of this Bar. 2. The petitioner has come up with a case and h..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......t of title, by the endorsement of which the property in the goods for which it is a receipt may be transferred, or the goods pledged or mortgaged as security for an advance. By statute, the rights and liabilities of the shipper under the contract of affreightment as set out in the bil..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......eed and he has been possessing the same. But during preparation of revisional records of right the suit land have wrongly been recorded in the name of defendant. Due to such wrong entry in records of rights the Title of the plaintiff might be clouded. Hence he filed the suit. 4. After serv..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......vices. No provision of these guidelines shall be construed as creating any right or obligation between JICA and any third party, including those bidding for the procurement of goods and services. The rights and obligations of the Borrower vis-a-vis bidders for goods and services to be furnished..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......were engaged in casual services against vacant posts, the Biman, in order to regularize those posts, made advertisements in the National Dailies and thus, the petitioners were deprived of their legal rights to be appointed in the permanent posts. The petitioners had been successfully performing thei..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......012. Result: The appeals are allowed. Public Interest Litigations (PILs) when to prefer The filing of PIL petition is essentially meant to protect basic human rights of the disadvantaged citizens and the High Court Division should guard that the filing of su..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... (c) if the instrumentality of the State acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of Article 14 of Constitution of India in its contractual or statutory obligation, writ petition would be maintainable. However, a legal...... on one set of conditions and the respondents on a different one but fact on the matter is that both the parties rely upon a set of conditions contained in contracts dated 16-01-2008. In essence, the rights and obligations of the parties are sought to be worked out in the light of the terms of the a..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......isition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application shall be brought in a civil court in respect of any order directing the preparation or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a reco..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ans of the State do not act in violation of the Constitution. The Parliament being vested with the legislative power of the Republic can only make laws which are not inconsistent with the fundamental rights as guaranteed under the Constitution and any law made in violation of the constitution shall ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......e of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as abandoned..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......th other stevedoring firms) had endeavored to prevail upon the respondents that the said system was being operated in arbitrary and discriminatory manner and in gross violation of their fundamental rights. However, due to the volatile political condition during the tenure of non-political Careta..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......e information of assessors and officers, and intended to promote method, system and uniformity in the modes of proceeding, a compliance or non-compliance with which does in no respect affect the rights of tax paying citizens. These may be considered directory. Officers may be liable to legal an..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......]. Thus it is of fundamental importance that an offender, who claims to be a child and as such is entitled to benefits under the law, must be given the opportunity to establish his claim to such rights and those may not be denied due to the whims and caprices of those involved in the juvenile j..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directions and orders as may be appr..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... in question filed Miscellaneous Case No.355 of 1968 (name of the Court not mentioned) during his life time against Peerzada Abul Kashem and Mahmood Hossain Siddique for correction of the record of rights wrongly prepared in their names, but on the basis of a misleading and wrong report, the mis..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......e petitioner for his land. He further submits that Board of Land Administration, Bangladesh, Dhaka circulated Memo No.(Q) X-46/83-BLA, dated 5-1-19984 for regulating the maintenance of record of rights in connection with the judgment and decree of the Civil Courts. He finally submits that the r..Category: Others | Date: 22 May, 2012 | Hits: 9
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......nts have been given retrospective effect, the same should be declared ultra vires to the Constitution. Learned advocate further summits that the impugned amendments have abridged the fundamental rights of the millions of citizens of this country as the same placed them at the mercy of the execu..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16