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Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh has the p...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... Khan Vs. ConÂtroller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. GoÂvernor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advocates, Mahmudul Islam, Advocat..Category: Constitutional Law | Date: | Hits: 149
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......urt cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………………………..(68 and 69) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. (In Civil ..Category: Constitutional Law | Date: | Hits: 147
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....7 of 2003 Here. Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh, repreÂsented by the Secretary, Ministry of Justice and Parliamentary Affairs and others......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......ge and others.......Respondents (In Civil Petition No. 2046 of 2008) Md. Idrisur Rahman, Advocate and others......Respondents (In Civil Petition No. 2056 of 2008) Judgment March 22, 2009. Lawyers Involved: Mahbubey Alam, Attorney General with Enayetur Rahim, Additional Attorney Gener..Category: Constitutional Law | Date: | Hits: 233
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
....bsp; Mohammad Fazlul Karim J. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 20.04.2005 passed by the High Court Di...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ...... A.K. Rezaul Karim and others…….......Respondent Judgment July 23, 2007. Case Referred To- Moudud Ahmed Vs Anwar Hossain Khan 15 BLD (AD) (1995) 12. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. A.S.M. ..Category: Constitutional Law | Date: | Hits: 114
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
....ad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nasir Uddin…………………………..Petitioner Vs. Government of Bangladesh & Ors...Respondents Judgment July 30, 2005. Case Referred To...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......llip;……..Petitioner Vs. Government of Bangladesh & Ors...Respondents Judgment July 30, 2005. Case Referred To- 51 DLR (AD) 152. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Mahbubur Rahman, Advocate-on-..Category: Constitutional Law | Date: | Hits: 108
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Writ Petition No.3501 of 1997 discharging the rule. 2. The rule was issued by the High Court Division on an application under Article 102 of the Constitution of the People's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949 PC 264, 1911, 1 K.B. 964; Gopinath Ghosh V. State, 32 DLR (AD) 177; Md. Srafiullah V. The State, 19 DLR 225. Lawyers Involved: Md. Nawab Ali, Advocate-on-record-For the Appellant. Md. Aftab Hos..Category: Constitutional Law | Date: | Hits: 109
Government of Bangladesh & others Vs. Jahangir Alam & othÂers, 2007, 36 CLC (AD)
.... Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. ...... increase their production by ensuring measures against crop losses from diseases and pest infestation without affecting the environment. The project was approved by the Executive Committee of the National Economic Council (ECNEC) on 29.1.1992 and the Project Pro-forma was thereafter made and ap......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......No. 38 of 2005) Md. Mostafa Kamal & others ..........Respondents (In Civil Appeal No. 39 of 2005) Judgment May 24, 2007. Lawyers Involved: Syeda Afser Jahan, Deputy Attorney General, instructed by Ferozur Rahman, ..Category: Constitutional Law | Date: | Hits: 146
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Court Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......Referred to- 27 DLR, 64, 170, 428; 1953 SCA 53, 1963(2) SCA 1 at p. 21; PLD 1957 SC 9 at p. 41; (1969) 1 AI ER 208 at p. 223; 53 CWN 718, 725; PLD 1959 SC 387 at 414; PLD 1960 SC 237. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instruc..Category: Constitutional Law | Date: | Hits: 307
BanglaÂdesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....shy;desh and others..................Appellants Vs. Md. Salahuddin Talukder ..........................Respondent Judgment November 30, 2004. The Constitution of Bangladesh, 1972, Articles 133 and 136 The Non-Cadre Class I and II Gazetted Officers (Cust...... petition stating, inter alia, that the respondent was appointed as an Appraiser in the Customs House, Chittagong on 1-9-1990 by office Memo No. 1(11) admn. 11/83/1007 dated 26-6-1983 issued by the National Board of Revenue. The organisational set-up of the Collectorate of Customs, Customs House,......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......ollector of Customs 49 DLR (AD) 172; Mujibur Rahman vs Bangladesh 44 DLR (AD) 111; JB Sampath Kumar vs Union of India, AIR 1937 SC 387 and Chopra vs Union of India AIR 1987 SC 357. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Md. Ahsanullah..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... Present: Md. Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs..............ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......vs. Union of India AIR 1994 (SC) 1918; New York Times Company vs. United States 403 US 713 (1971); Nixon vs. United States 418 US 683 (1974); State of Punjab vs. SS Singh AIR 1961 (SC) 493. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Md. Ferozur Rahman,..Category: Constitutional Law | Date: | Hits: 124
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
....sion (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Re...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: A.K.M. Mohammad Ali, Advocate, instructed by Md. Nawab Ali, Advocate on-Re..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operaÂtive Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......llip;………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by A. K. M. Shahidul Huq..Category: Constitutional Law | Date: | Hits: 162
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
.........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution…(4) Lawyers Involved: Abdur Rab Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Constitutional Law | Date: | Hits: 159
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents J......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......ellip;………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Saj..Category: Constitutional Law | Date: | Hits: 150
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, MinÂistry of Law and JusÂtice & others........Respon......ion of India AIR 1982 (SC) 902 (911); Kazi Mukhlesur Rahman Vs. Bangladesh 26 DLR (SC) 44: Attorney General of the Gambia Vs. N' Jie 1961 (AC) 617 (634); All India Bank Employees AsÂsociation V. The National Industrial Tribunal, BomÂbay, AIR 1962 (SC) 171. Lawyers Involved: Dr. Kamal Hossain...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ....... Bangladesh 26 DLR (SC) 44: Attorney General of the Gambia Vs. N' Jie 1961 (AC) 617 (634); All India Bank Employees AsÂsociation V. The National Industrial Tribunal, BomÂbay, AIR 1962 (SC) 171. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, Khandaker Mahbubuddin Ahmed, Senior Advocat..Category: Constitutional Law | Date: | Hits: 170
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....eshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Gholam Jilani Vs. Govt. of West Pak., (1967) 19 DLR (SC) 403; Ridge Vs. Baldwin 1964 AC 46; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury (1977) 29 DLR (SC) 41; Mrs. Ar...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......rown PLD 1954 (FC) 1; Basanta Chandra Ghose Vs. Emperor, AIR 1945 FC 18; Narayan Singh Nathuram Vs. State of Punjab, AIR 1952 (SC) 106; Ram Narayan Singh Vs. The State of Delhi, AIR 1953 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S..Category: Constitutional Law | Date: | Hits: 408
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represenÂted by the Secretary, Cabinet Division & others .........Respondents Jud......2. Similar provision was envisaged in the Constitution of the People's Republic of Pakistan 1973 in its Article 51 provides that there shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims and Article 51(4)(b) & (d)......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......hamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (Sigma Huda, Advocate with him), instructed by Syed Ma..Category: Constitutional Law | Date: | Hits: 221
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ry J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ra......ereunder are not ultra vires on any of the grounds urged……………………..(673)  Cases Referred To- 34 DLR 225; 37 DLR 7; 20 DLR (SC) 322; 7 DLR 552 Eklas vs. Crown; 17 DLR (SC) 74 National Bank of Pakistan vs. Ataul Hoque; 25 DLR 236, 344 A. T. Mridha's case; 38 DLR (AD) 38 Abdus...... does not enable Parliament to alter the basic structure or framework of the Constitution', was, however, signed by nine judges. In the subsequent cases, i.e. Indira v. Rajnarain, Minerva Mills Ltd., Woman Rao etc. the aforesaid view has been followed. 578. The majority judgment led by Sikri J ca......aders; (1963) 372 U.S. 726 Ferguson vs. Skrupa; (1919) (AC) 935 In-Re Initiative and Referendum; (1883) 9 (AC) 117 Hodge Vs. The Queen; 17 D.L.R. (SC) 384 and A.I.R. 1977 Allahabad 488 Full Bench. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Zakir Ahmed Advocates with..Category: Constitutional Law | Date: | Hits: 1934
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....t vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure (V of 1898), sections 439(4) and 439A(2) The Constitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......(Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun Vs. Narahari and another, 25 (Bom) 337 P.C., Raja Indrajit Pratap BaÂhadur Sahi Vs. Amar Singh and others, AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record..Category: Constitutional Law | Date: | Hits: 174
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
.... Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 1972 of the High Court of Bangladesh passed in Appeal from Appellate Decree No, 204 of 1965). Judgment AM Sayem CJ.—T......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......houdhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. â€..Category: Constitutional Law | Date: | Hits: 148
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