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Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....nt which cannot be questioned in any Court of law as per Article 78 of the Constitution. It was also contended that Article 70 of the Constitution is a restriction on freedom of conscience and on the rights of the members of Parliament and its reach cannot be extended beyond the literal meaning of..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....73 (hereinafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are violative of the fundamental rights guaranteed under Articles 31,36and 41 of the Constitution. Hence, the respondent No.1 has f..Category: Others | Date: | Hits: 115
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be therein, except under the a..Category: Property Law | Date: | Hits: 29
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....ble Trust": "The deity as a juristic person has undoubtedly the right to institute a suit for the protection of its interest. So long as there is a shebait in office, functioning properly, the rights of the deity, as stated above, practically lie dormant and it is the shebait alone who can fi..Category: Property Law | Date: | Hits: 29
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....ute but facts remain that the writ petitioner had been seriously prejudiced for withholding of the earnest money till today and in such a case his legitimate expectation goes beyond enforceable legal rights. 16. On perusal of Civil Petition for Leave to Appeal No.290 of 2007 it appears that witho..Category: Limitation Law | Date: | Hits: 154
Category: Property Law | Date: | Hits: 43
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... judgment is liable to be set aside; that imposition of duty on the basis of tariff value determined by executive order creates restriction on freedom of trade and thereby violated the fundamental rights of the petitioner to carry business as guaranteed by Article 22 of the constitution and as s..Category: Fiscal/Taxation Law | Date: | Hits: 125
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....Rules, 2007, all subsequent steps taken in the proceedings including the conviction and sentence are vitiated, and thus, the writ petitioner having no other alternative remedy invoked his fundamental rights in writ jurisdiction, in which, the High Court Division on being satisfied, exercised its jur..Category: Anti-Corruption Laws | Date: | Hits: 211
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....Gazette, and on such withdrawal, the property shall be restored to the possession of the owner, and with effect from the date of such restoration, the property shall vest back in the owner with the rights which he had before such property was acquired." 23. From a close reading of the abov..Category: Property Law | Date: | Hits: 79
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....as: "No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it". 14. The plaintiff file..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....wal Raj Estate were no more tenants under them and became "Malik" directly under the Government. Article 143 (c) of the Constitution is not applicable in the case of present record of rights and the circular dated 10.11.2002 is illegal and any action taken thereupon must be set asi..Category: Property Law | Date: | Hits: 67
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
.... (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 02.10.2000 being violative of the fundamental rights as guaranteed by the constitution. 2. The petitioner filed the above writ petiti..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....tition No. 316 of 1995 and in disregard of the interpretation give by it on 30.12.1990 reiterated the same as aforesaid on 18.9.94, by the impugned order of interpretation dated 27.9.98, the vested rights of seniority of the writ petitioners recognized in the gradation list published in Bangla..Category: Employment/Service Law | Date: | Hits: 118
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....l and cultural perceptions about the advantage of a particular technology or alternatively the scope of its misuse. 210. The challenges before the criminal justice system are to balance the rights of the accused while dispensing speedy and effective justice. The criminal justice system m..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....otect, safeguard and uphold the right and liberty of its citizens and law and order of the country. But after killing of the President, General Ziaur Rahman hijacked the constitutionally guaranteed rights and liberties of the citizens, justice delivery system totally failed and collapsed after p..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....nation. We adopted democracy as the form of Government since this is the best and most acceptable form evolved through centuries of experience among the people who are concerned about the dignity, rights, and person of human race. The chapter of Fundamental Rights was designed to ensure not only..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....eliability. The use of scientific techniques holds immense promise in the criminal justice system, but before accepting each technic we must examine it critically in light of the constitutional rights granted to citizens and the requisite evidentiary standard.” 811. The ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ord held that papers i.e. Ext.C. Ext.D and the Exts. B-B(2) series have not given rise to any claim of adverse possession by the defendants since the admitted position is that R.S. and P.S. record of rights stand in the name of Mela Committee and the Ext.D and B series are the papers subsequent to t..Category: Tenancy Law | Date: | Hits: 176