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State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......rned Magistrate before invoking their Constitutional right, although we are not aware of their any other right but the obligation to surrender as above. After all, the victims also have their various rights under the same very Constitution. 17. This petition also gives me an opportunity to remind..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......crimination perpetrated by a state official. She further submits that the impugned action is an example of attempts to impose dress codes on women and such attempts amount to violation of fundamental rights of women as enshrined in the Constitution. She then submits that attempts to impose dress cod..Category: Constitutional Law | Date: | Hits: 201
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179...... It appears from the record that this property was purchased by one Abdur Rahman in the year 1962 and since then he had been living there with his family members by mutating his name in the record of rights and paying rents of the house to the authorities. But during the war of liberation Abdur Rahm..Category: Property Law | Date: | Hits: 24
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......azar Municipality under Section 18A (1) of the Pourashava Ordinance, 1977 (Act XXVI). 8. Article 11 of the Constitution provides that "That Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human persons shall be guaranteed..Category: Election Law | Date: | Hits: 92
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......ner claims that the beneficiaries of this writ petition are the people, the inhabitants of this country and not simply the members of BELA. BELA as a registered association of lawyers, propagates the rights of the people of Bangladesh and champions their cause to enjoy their own life, free from poll..Category: Environmental Law | Date: | Hits: 345
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......of the main concerns of the Court of law to see that no one dares to interfere with the course of justice by presenting the Court with a fait accompli". Though this sort of dispute relates to private rights of the contending parties to the litigation but the higher courts termed it a new character a..Category: Property Law | Date: | Hits: 84
Category: Constitutional Law | Date: | Hits: 126
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......be achieved nor be preserved. 20. Nowadays, the Courts are reluctant everywhere to use contempt power off and on as freedom of speech and expression are gaining tremendous force as fundamental rights. The Prime Minister did not undermine the judiciary and none of the judges of the Supreme Cou..Category: Criminal Law | Date: | Hits: 49
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... the defendant No. 4 (Ka) as petitioner approached this Court in an application under section 115 of the Code of Civil Procedure and obtained the present Rule. 4. By the preliminary decree the rights and extent of shares of the parties are determined and final decree will be drawn up on the b..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......g uninterruptedly and started living there after constructing building on the same by obtaining loan from the House Building Finance Corporation. The petitioner has mutated his name in the records of rights and has been paying rents and municipal taxes, etc. regularly. That the petitioner was Govern..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......ather Mr Harmer allotted some shares to his two sons, who also became share holders, direct of the company. By the company’s articles father was appointed Governing Director for life but no special rights were attached to that office. C and B, two sons, each became the life directors. Father was a..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......xplanation of why the decision is being made in certain way. Both the right to be heard from and the right to be told why are analytically distinct from the right to secure a different outcome. These rights to interchange express the elementary idea that to be a person rather than a thing is at leas..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ...... for more than the statutory period of 12 years and then died leaving the present plaintiffs as his only heirs and legal representatives. During the survey under the state acquisitions, the record of rights in respect of the suit lands were wrongly prepared in the names of said original owners, Kash..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....instatement in the office, and (e) Terms and conditions of service prescribed by the rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termination of service in substantial dis......istrative Tribunal established under section 5 of the Administrative Tribunal Act. It further held, inter alia, “A person in the service of the Republic who intends to invoke the fundamental rights in challenging the vires of a law will seek his remedy under Article 102(1) of the Constituti..Category: Administrative Law | Date: | Hits: 165
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......llants the High Court Division took pains to call for the records from the office of the Collector and after examination the record the High Court Division found that basic document i.e. CS record of rights by plaintiffs, was absolutely forged and concocted. In this connection, it may be mentioned t..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......ection of the record of right in respect of the Case land, that subsequently the petitioners filed the said forged order before the Assistant Commissioner (Land) Mirzapur for correcting the record of rights in their favour, that pursuant thereto, the Assistant Commissioner (Land) issued notice upon ..Category: Criminal Law | Date: | Hits: 59
Category: Constitutional Law | Date: | Hits: 264
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......e agreement was executed on 02.08.1983 by and between both the parties, giving the details of the terms and conditions of the lease including one termination clause. It does not contain any statutory rights or obligations. The right of the lessor to get the annual rentals in lieu of allowing the p..Category: Civil Law | Date: | Hits: 90
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....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: 15 MLR (AD) (2010) 99. ...... 3 or section 43(2) of the Act but before the coming into force of part V of the Act, they are also, we have noticed above, beyond the scope of subsections (1) and (2) of section 87 and as such the rights which accrued to the riparian owner in respect of such accretions have not been affected in a..Category: Property Law | Date: | Hits: 24
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......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