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Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......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
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......grading treatment in police custody or jail custody are not permissible under the Constitution.
The High Court Division, in exercise of it’s power of judicial review when finds that fundamental rights of an individual has been infringed by colourable exercise of power by the police under secti..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......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)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......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
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....red exemption of interest claimed by the respondents, did not assign any reason; the High Court Division also fell in error in not considering the appellant and the respondents were engaged in purely contractual relationship and earlier there were admitted failures on the part of the respondents t...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......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
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......n 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: 43
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... 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)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......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
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....er of leave granted by this Division and contended that the writ-petitioner had no legal right and is not entitled to invoke the writ jurisdiction for enforcement of a commercial contractual contract and claiming the work order and the licence to carry out the work and hence th......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....ayanganj. The said Joint Venture was a consortium of a local firm (i.e. Shah Islam) and a United Arab Emirates based firm (i.e. Arab Contractors LLC, Dubai). The agreed price for completion of the contractual work was fixed at Tk. 33, 61, 46, 298.00/-(Taka Thirty-Three Crores, Sixty-One Lacs, Fo......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......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)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......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)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......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)
....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: VI ADC (2009) 799. ...... (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)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......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
....ugned in a writ petition in respect of a tender bid which did not create any right to be enforced by way of a writ petition and in that view, the writ petition was not maintainable inasmuch as no contractual relationship has yet been established between the parties so as to give raise to a dispu...... was found in order, responsive with due process of law and in terms and conditions of the tender schedules and the impugned letter is without lawful authority inasmuch as it violates the fundamental rights of the writ-petitioner guaranteed under the Constitution.
21. In the aforesaid 7(seven) a..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......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
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......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
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......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
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