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Secretary, Min of Ind., Nationalised Ind­ustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)

....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......d Textile Mills to its former Bengali owners and further to find out whether the former owners were Bangladeshi owners so far this Mill was concerned. Then on 18.6.77 the Petitioner Saleh Ahmed, a Director of the Mill, was requested to attend a meeting on 21.6.77 "to discuss about transfer ......cord - For the Appellant (in CP No. 71 of 1979). KS Nabi, Advocate, instructed by SM Huq, Advocate-on-Record- For the Respondent No. 1 (in CP No. 70 of 1979). KA Bakr, Attorney‑General, with A W Bhuiyan, Assistant Attorney- General, instructed by B. Hossain, Advocate-on-Recor..

Category: Constitutional Law | Date: | Hits: 157

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01   ...... on the same terms i.e. to consider whether the High Court Division had correctly construed the decision reported in 43 DLR (AD) 104. 9. In CP No. 119 of 1991 the petitioner who was a Member-Director, Irrigation, of BADC was tried by the Special Martial Law Court No. 1, Dhaka under Regulat......yers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellant. [In Civil Appeal No. 51 of 1989] AW Bhuiyan, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent Nos. 1-2. [In Civil Ap..

Category: Constitutional Law | Date: | Hits: 174

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......s of the Parishads, who were in fact officers and employees of the Government but were "deemed to be on deputation to the Parishads" have been reverted to their respective Ministries, Departments and Directorates and are now working directly under their immediate superiors posted at the District Hea......all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; Lax..

Category: Constitutional Law | Date: | Hits: 655

Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)

....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......the former Vice‑President of the Republic and these facts of delay and likely discrimination were not at all considered by the High Court Division. 8. The learned Deputy Attorney‑General, however, supported the impugned judgments contending that after all it was within the dis..

Category: Constitutional Law | Date: | Hits: 150

Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)

.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Assistant Attorn..

Category: Constitutional Law | Date: | Hits: 191

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......erred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Pris..

Category: Constitutional Law | Date: | Hits: 365

Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)

....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... Involved: Dr. M Zahir Senior Advocate (MA Rahim, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner, Mahinudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Ap..

Category: Constitutional Law | Date: | Hits: 138

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..

Category: Constitutional Law | Date: | Hits: 182

Special Reference No. 1 of 1995, 24 CLC (AD)

.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed.  This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed.  This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......er XXVIII provide, inter alia, as follows: 1. On receipt by the Registrar of the order of the President referring a question of law to the Court, the Registrar shall give notice to the Attorney‑General of Bangladesh to appear before the Court on a day specified in the notice to take the direct..

Category: Constitutional Law | Date: | Hits: 248

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Deputy‑Attorney General, instructed by Sharifuddin Chaklader, Advocate‑on-­Record ‑For the Appellant. Amirul..

Category: Constitutional Law | Date: | Hits: 185

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......k of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974 to 19 June 1983. He was promoted to the post of Director‑General of Family Planning on 23 April 1976 with the rank and status of a Joint Secr......India AIR 1982(SC) 1413; KD Gupta vs. Union of India AIR 1983 (SC) 1123 and Ranjit Thakur vs. Union of India AIR 1987 (SC) 2386; State of UP vs. Babu Ram AIR 1961 (SC) 751, 759; Moti Ram Deka vs. General Manager. NEF Railways AIR 1964 (SC). 600, 620‑21). Union of India vs. Subramanian AIR..

Category: Constitutional Law | Date: | Hits: 203

Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)

....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ip;………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-on-Recor..

Category: Constitutional Law | Date: | Hits: 161

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......etition No. 481 of 1989. 2. Respondent, who is a College teacher, filed the aforesaid writ petition challenging the validity of the Teachers and Non-Teaching Staff of Nationalised Colleges (Directorate of Public Instruction) Absorption Rules, 1981 published in the Gazette by notification......lip;…….. Respondents [In Civil Petition for Leave to Appeal No. 431 of 1992] Judgment February 12, 1996. Lawyers Involved: A W Khondker, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record — For the Appellant/Petitione..

Category: Constitutional Law | Date: | Hits: 174

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......5, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involved: Aminul Huq, Attorney-General instructed by B Hossain, Advocate-on-Record— For the Appellants. Amirul Islam, Senior ..

Category: Constitutional Law | Date: | Hits: 169

Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)

....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..

Category: Constitutional Law | Date: | Hits: 126

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..

Category: Constitutional Law | Date: | Hits: 155

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ......ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ......egiment. The detenu also qualified from Staff College, Quetta and, also attended the National Defence College, New Delhi and was awarded NDC in 1975. The detenu was promoted to the rank of Major General and Deputy Chief of Army Staff in 1978 and in the same year he was promoted to the rank of..

Category: Constitutional Law | Date: | Hits: 191

Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)

.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......t entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on- Record — For the Petitioners. ..

Category: Constitutional Law | Date: | Hits: 170

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ...... be demolished, whittled down, curtailed or diminished in any manner whatsoever, except under the existing provisions of the Constitution…….(57) Lawyers Involved: Mahmudul Islam, Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Dr. Kamal..

Category: Constitutional Law | Date: | Hits: 829

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......h a bill for Taka 27,500.00 to the respondent which was submitted to the Vice Chancellor along the audit report. The Vice Chancellor in his turn forwarded the bill with his signature thereon to the Director of Accounts on 26.12.93. On 27-12-93 a daily called “Ajker Kagaj” published a ......uo;Gha” Unit for transfer from one branch of study to another. The Deans of the Faculties are the Chairmen of the Admission Committees which were formed each year by the Vice Chancellor. The General Admission Committee realised fees for admission and the fund so collected by each Unit was ..

Category: Constitutional Law | Date: | Hits: 201