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Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......ed that he was unable to deliver the passport to the petitioner because of a direction from the higher authority. Refusal to deliver the new passport to the petitioner is violative of the fundamental rights of the petitioner as guaranteed under articles 37, 31 and 36 of the ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......) Krishna Iyer observed, “The searching question the judge must put to himself is: What then is an extra-ordinarily reasonable as to validate the wiping out of life itself and with it the great rights which inhere in him in the totality of facts, the circle being drawn with ample relevant&rdqu..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ...... civil imprisonment. Thus, keeping the petitioner on record as a principal defendant in her personal capacity, Mr Siddique submits, exposes her to a great risk of depriving her from most of the civil rights and practically depriving her from earning a living by lawful occupation, trade or business w..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......y in future."
95. Mr. Shah Ali Farhad, an English barrister wrote an article expressing his opinion in bdnews 24.com on 3rd December, 2012 under the caption 'Toby Cadman: A crusader for rights or devil's advocate' expressed his opinion as under:
"I noticed Mr... ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......rticle 42 of the Constitution is illegal, without jurisdiction and of no legal effect and as such the petitioners are entitled to invoke the writ jurisdiction for enforcement of fundamental rights.” 19. In the present facts and circumstances, this Court finds itself wholly subsc..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
...... that after dismissal of appeal Nos. 2656 of 1998 and 2655 of 1998 on 14-10-2001 by the order passed by Assistant Settlement Officer, Land Record and Survey Directorate, Tejgaon, Dhaka, the record of rights remained in the names of the petitioner and his co-sharers on the basis of earlier SA khatian..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... the Constitution is silent, it is for the courts to give a valid constitutional interpretation on the mandatory nature of sentence.
Mandatory death sentence is antithetical to fundamental human rights and there is no constitutional justification for it. A convicted person ought to be given an ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......is silent, it is for the Courts to give a valid constitutional interpretation on the mandatory nature of sentence.
Mandatory death sentence is antithetical to fundamental human rights and there is no constitutional justification for it. A convicted person ought to be giv..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......appertaining to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon Industrial Area originally belonged to the respondent No. 5, Bhawal Raj Court of Wards Estate in 16 annas permanent Zamindary rights and accordingly CS Khatian was prepared in the name of Bhawal Raj Court of Wards Estate. The ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ...... Khalaeque Sarder. On the East: Land of Mr. Akrob Ali On the West : Road of District Board. Along with all structures and building constructed or to be constructed therein together with all rights, interests, title, easements etc. attached thereto or appurtenance to the property. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......(Re: Howell 1999 1 Cr. A. R. (S) 335). The Court of Appeal in the UK expressed this public confidence yardstick more than once. VICTIMS’ RIGHT 54. Consideration of victims’ rights now stand universally recognised. It is reckoned that the Court in sentencing an offend..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......rved, it is not a mortgage, for the relationship of debtor and creditor does not subsist and there is no debt for which the transfer is a security. It is not a partial transfer, but a transfer of all rights in the property reserving only a personal right of repurchase or preemption which is lost if ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......istrative justice and the exigencies of efficient administration. These principles were applied originally to courts of justice and now extend to any person or body deciding issues affecting the rights or interests of individuals where a reasonable citizen would have legitimate expectation..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
....t cannot quash a proceeding. The judgment of the High Court Division is set-aside.
This petition is accordingly disposed of.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 176
.......
3. It is a settled point that a fugitive from justice is not entitled to any relief from a Court of law unless he surrenders to the jurisdiction of the Court. He cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus made fundamental..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
....s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
......#39;s Republic of Bangladesh has been infringed or not.
10. It may be noted that the Constitution of Bangladesh is the supreme law of the land which has protected and guaranteed some fundamental rights of the citizen. The provisions of the Constitution are self-executing. Since Article 40 along..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......s directed towards a special subject or special class or object. The special law is the law which gives rise to special cause of action and which itself provides for the method of enforcement of rights conferred by that Act or for redress of injuries suffered by the application of the prov..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......erior service records have been kept in service and the petitioners have compulsorily retired by the respondents by adopting the policy of "Pick and Chose" in violation of their fundamental rights guaranteed under Articles 29 and 31 of the Constitution and the respondents have also be..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
....2002, there are 4(four) posts of Director and one Legal Advisor in the Commission. The Legal Adviser of the Commission shall be appointed by deputation and in case of failure, he will be appointed on contractual basis. Anyway, the Commission treats the post of Legal Advisor as Director (Law) for all......, the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ......he proper complement of the former, and one department of the law cannot be administered without taking cognizance of the other. Among Aryan systems, which favour the notion of the inchoate rights of heirs, the rule of primogeniture, the jus representations, and the exclusion of femal..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
.... Rule No.364(R) of 2007 (Violation) is disposed of.
Send down the lower court records. Communicate this order at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 42.
......the view that court of appeal below was not legal in not granting permanent injunction. Granting of injunction is a judicial process, by which one who has invaded or is threatening to invade the rights, legal or equitable, of another, is restrained from continuing or commencing such wrongf..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
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