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Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......nal could not lawfully assume the jurisdiction as Juvenile Court since that would be contrary to law which is specifically vested on the Juvenile Court. The Speedy Trial Tribunal cannot take away the rights given to the child accused known as youthful offender under the Children Act, 1974, since tho..Category: Criminal Law | Date: | Hits: 32
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....he petitioner is a fake person and not the real owner. Whether the petitioner is fake Fidaul Huq or not is a disputed question of fact and it cannot be deter- mined in writ jurisdiction. Furthermore, contractual fact of obligation cannot be enforced in a writ petition. It has been settled in the cas...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......h floor of the building. In the circumstance, the plaintiffs-opposite parties filed Title Suit No. 98 of 1995 in the 3rd Court of Sub-Judge, Dhaka on 16-6-95 seeking a declaration of their lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from thei..Category: Civil Law | Date: | Hits: 77
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458....... requirements and to issue import permit as applied for by the petitioner. It is also stated that the impugned omission is violative of the principles of natural justice and also of the fundamental rights of the petitioner as guaranteed by Article 40 of the Constitution and as a result of which ..Category: Business or Commercial Law | Date: | Hits: 219
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......the Constitution to move the High Court Division for judicial review cannot be limited by conferring a power upon a Tribunal. Even Article 44(2) provides for empowering a Court to enforce fundamental rights and in the face of such provision he submits that even Parliament cannot confer such power up..Category: Employment/Service Law | Date: | Hits: 107
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......petitioner to furnish statement of his properties is nothing but compelling the petitioner to be a witness or adduce evidence to be used against himself and, as such, it is a violation of fundamental rights guaranteed under Articles 27,31 and 35(4) of the Constitution and, as such, the impugned orde..Category: Anti-Corruption Laws | Date: | Hits: 150
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......able Property Ordinance, 1982 hereinafter "the Ordinance", was served upon the petitioner's predecessors-in-interest, the vendors of the land- Lalit Mohan Pal and others in whose names the records of rights were prepared, fixing 9-7-1994 for objection hearing. The petitioners thereafter filed their ..Category: Property Law | Date: | Hits: 57
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......greement. He submitted that there can be no question that Sanowara was a party to the agreement, which contains the following condition in clause 13: "this agreement in no way assigns any ownership rights of the 'Diploma' trade mark to the User. The learned Advocate submitted that the existence of..Category: Intellectual Property Law | Date: | Hits: 199
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....its Memo No. স্মব: ম:/পৃ-১/নিয়োগ-১/২০০০/৪৪০ dated 25-7-2001, under the signature of respondent No. 3, to the effect that Government has decided to cancel the contractual appointment of the petitioner (Annexure-B) and requested the respondent No. 2 to cancel ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..Category: Employment/Service Law | Date: | Hits: 76
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... with high professional standard; (c) to ensure on the part of newspapers and news agencies and journalists the maintenance of a high standard of public taste and to foster a due sense of both the rights and responsibilities of citizenship; (d) to encourage the growth of a sense of responsibil..Category: Constitutional Law | Date: | Hits: 213
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... mind. But the words of the Rule require something more, namely, that it should be found on enquiry that by reason of unsoundness of mind or mental infirmity the person is incapable of protecting his rights as a plaintiff or as a defendant. Such a finding will have to be arrived at and it must be ar..Category: Property Law | Date: | Hits: 44
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......d witnesses need not be examined in presence of the Inquiry Officer and no opportunity need be given to cross-examine the witnesses, because the principles of natural justice do not embrace those rights. 16. The petitioner M.A. Hai appealed and in reversing the aforesaid decision of the High ..Category: Employment/Service Law | Date: | Hits: 80
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......haheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and also violative of the fundamental rights guaranteed to the petitioner under article 27,31 and 42 of the Constitution and/or such other..Category: Property Law | Date: | Hits: 88
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......with the judgment he shall sign the decree. Rule 13 of Order XXVI of the Code speaks about the power of Court to issue a commission to such person to make the partition or separation according to the rights as declared in a preliminary decree. The provision of rule 14 of the said order has provided ..Category: Property Law | Date: | Hits: 32
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......hy calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citizens including the petitioner. 2. The petitioner’s case is as follows: The petiti..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ...... 3503 of 2009 stating inter alia, that the organization 'Human Rights and Peace for Bangladesh (HEPB)' is a non profitable registered organization and the objects of the organization is to uphold the rights of the citizen and to work for the poor people to give legal support to the helpless people a..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......ious relationship between the depository and companies law regimes and allow for most of the petitioners in Matter Nos.1,10 and 11 of 2008 to be treated as members of the bank enjoying both corporate rights and benefits. Indeed, and it may in the future be considered by lawmakers prudent to do so, a..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......f ad-interim injunction, the defendant was restrained from taking over the possession of the third vessel, namely, MV. Hemayetuddin, because it was felt that a fair and substantial question as to the rights and obligations of the parties has to be decided and it was felt desirable that until hearing..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......y occasions to consider this jurisdiction, and I have always though that, necessary though it be, it is necessary only in the sense in which extreme measures are sometimes necessary to preserve men's rights, that is, if no other pertinent remedy can be found. Probably that will be discovered after c..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......meaning and scope and it is never all embracing to cover all kinds of disputes concerning a Co-operative Society. The jurisdiction of the civil Court to try all disputes of Civil nature affecting the rights of the contending parties under section 9 of the Code of Civil Procedure cannot be taken away..Category: Civil Law | Date: | Hits: 70