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Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....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)

....) 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)

.... 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

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....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)

....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

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

.... 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

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... 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

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....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)

....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)

.... 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)

....(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)

....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

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....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

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

..... 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

Mostafa Kamal Sazu and oth¬ers Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others, 2014, 43 CLC (HCD)

....#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)

....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)

....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

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....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

Chowdhury Mia and oth¬ers Vs. Superintendent, Primary Teacher Institution and others, 2014, 43 CLC (HCD)

....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

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

.... 120 Suit Field for Declara­tion of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declara..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11