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Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......with the then "child" accused Waliur. The reason is simple. Intention of section 6 of the Children Act requiring separate trial of a child is to ensure a special procedure and to secure certain legal rights for the accused child only. An adult is not entitled to those rights and the adult accused pe..Category: Criminal Law | Date: | Hits: 43
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343....... 2013/25 (Sring)/ 822 dated 9-12- 2-001 (Annexure G) terminating the petitioner from service. It is stated that the impugned Memo was issued mala fide and discriminatory by infringing the fundamental rights of the petitioner under Articles 27 and 31 of the Constitution of the People's Republic of Ba..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311........ It is the function of the Court to give effect to the logical theory contained in the statutory law. In fact, the law through interpretation by Court is a necessity for protection of the individual rights guaranteed by the Constitution. 15. On the basis of the principles culled out above, an in..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......l could be filed against the same under section 96 of the Code except a revision under section 115(1) of the Code, inasmuch as the trial Court rejected his plaint without conclusively determining the rights of the parties. He further submits that since the impugned decree is not in the nature of a d..Category: Procedural Law | Date: | Hits: 90
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......usive jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters namely, (a) dissolution of marriage; (b) restitution of conjugal rights; (c) dower; (d) maintenance; (e) guardianship and custody of children." 32. In th..Category: Family Law | Date: | Hits: 184
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......iscussed. 68. In these Write Petitions it is imperative to interpret Articles 102, 147(3) (4) of the Constitution of the People's Republic of Bangladesh and the Articles relating to fundamental rights of the petitioners together with the Printing Presses and Publications (Declaration and Regis..Category: Information Technology Law | Date: | Hits: 324
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......vorces (Registration) Act 1974 and also Rule 10 of the Muslim Marriages and Divorces (Registration) Rules 1975 as amended by S.R.O. No. 273 Ain/2002 dated 2-10-2000 being violative of the fundamental rights as guaranteed by the Constitution. 2. The petitioner filed the above writ petition on th..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......ons of the new legislation, but only for the purpose of determining whether they indicate a different intention. The line of inquiry would be not whether the new legislation expressly keeps alive old rights and liabilities, but whether if manifests an intention to destroy them. When a particular pro..Category: Employment/Service Law | Date: | Hits: 91
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......h at any point of time nor the same was registered in Bangladesh under the Act and as such there was no question of deception and confusion over the mark. It is observed by the learned Registrar that rights of property in trade mark is acquired in two ways, either by registration of the mark or by u..Category: Intellectual Property Law | Date: | Hits: 210
....case No. 224 of 1983. It is true that the execution case is still pending and the kobala deed has not been registered as yet but the agreement dated 17.8.1970 was a registered agreement for sale. The contractual amount has been paid by the decree holder. From exhibit ‘Ta’ it shows that the judgm......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......nstitution. By reference to Article 26(1) of the Constitution, Mr. Farooqui submitted that any law promulgated before the commencement of the Constitution, which are inconsistent with the fundamental rights shall, to the extent of such inconsistency, become void. By reference to Article 26(2), he su..Category: Criminal Law | Date: | Hits: 128
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......assed property disproportionate to his known sources income by improper means. It cannot conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for taking penal action against person who have amassed property by imprope..Category: Criminal Law | Date: | Hits: 69
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....on, “Petrobangla” for short, with an aim to promote and regulate exploration, production and distribution of petroleum. 0ff-shore drilling by six international oil companies, IOC for short, under contractual terms based on sharing of produce, henceforth referred to as PSC, heralded the period th...... 52. The Indian Supreme Court in State of Maharashtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588, emphasised the need to normally refrain from interfering with State Policy so long as fundamental rights and rules of natural justice are not breached. In N. Ramanath Pillai Vs. State of Kerala AIR ..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ...... of the notice under section 4(1) of the Act is nothing but the fact collecting process only and as such the said notice under section 4(1) of the Act according to him will not offend the fundamental rights guaranteed under Article 35(4) of the Constitution. He relies on the decision reported in 49 ..Category: Criminal Law | Date: | Hits: 78
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......imits upon the legislative power, it must be considered as practically absolute, whether it operate according to natural justice or not in any particular case. The courts are not the guardians of the rights of the people of the State, unless those rights are secured by some constitutional provision ..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......ative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic in respect of the terms and conditions of his service including rights or in respect of any action taken in relation to him as a person in the service of the Re..
Category: Labour and Industrial Law | Date: | Hits: 170
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......ernance has also been ensured through different provisions of the Constitution. Article 11 of the Constitution reads 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 3...Category: Constitutional Law | Date: | Hits: 202
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... Rights and Resolution No.1991 of 1972 of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities; and considering that eviction process is a violation of human rights and that in pursuance of the strategy of alleviation among the urban poor and having regard t..
Category: Property Law | Date: | Hits: 97
....vernment wanted to sell some of its abandoned properties including the case property and published notices inviting tenders, as such, admittedly on acceptance of the tender of the petitioners, only a contractual relationship was established between the two parties and their corresponding rights and ......published notices inviting tenders, as such, admittedly on acceptance of the tender of the petitioners, only a contractual relationship was established between the two parties and their corresponding rights and obligations being only contractual, the extraordinary remedy under the writ jurisdiction ..
Category: Others | Date: | Hits: 96
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