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State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)

....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......tion No. 376 of 1988.) Judgement Badrul Haider Chowdhury J.- In this ap­peal by special leave the only question is whether the High Court Division was correct in setting aside the order of the Election Commission for publica­tion of the result of the appellant. 2. The appellant received h......376 of 1988.) Judgement Badrul Haider Chowdhury J.- In this ap­peal by special leave the only question is whether the High Court Division was correct in setting aside the order of the Election Commission for publica­tion of the result of the appellant. 2. The appellant received highest nu..

Category: Election Law | Date: | Hits: 115

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

.... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......ila Nirbahi Officer which was also rejected. The election was held on 10.2.88 and the Returning Officer declared the appellant to have been elected as the Chair­man. When the papers were sent to the Election Commission for the purpose of publication of the names of the Chairman and members in the O......hi Officer which was also rejected. The election was held on 10.2.88 and the Returning Officer declared the appellant to have been elected as the Chair­man. When the papers were sent to the Election Commission for the purpose of publication of the names of the Chairman and members in the Official G..

Category: Election Law | Date: | Hits: 130

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..

Category: Criminal Law | Date: | Hits: 105

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......is duties with efficiency. It appears from Annexure ‘A’ to the petition filed before the High Court Di­vision that the respondent appeared for inter­view before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Service (Executive Class II..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....rther proceeding might be stayed and the Senior Superintendent of Police, Lahore ordered not to take any further action by way of inves­tigation. On an application made by the respondent to the then Chief Justice who on August 28 caused a telegram to be sent to the District Magistrate ordering him ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

.... the report by 30-12-74. It was further stated that one Mr. M.M. Gofran was also directed to furnish a detailed report of the case. It was stated in the petition that one Mr. N. Islam, the Additional Chief Enquiry Officer was directed to furnish detailed report by 10-2-75. On 6-12-74 the petitioner ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

.... arises out of a judgment of a Bench of the Dacca High Court in Writ Petition No.315 of 1967. Leave was granted to examine the question as to whether the respondent after having obtained from the Chief Controller of Imports and Exports a permit to import complete units of Cold Storage and Ice Pl......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....n laid down by the House of Lords in the said case and that it was inapplicable to a case coming under the Defence of India Act and the rules fra­med there under. One of the questions posed there by Chief Justice Gwyer, who delivered the judgment of the Federal Court, was whe­ther "reasonably susp...... 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. ...... S. Jayaratne (1951) AC 66; Rameshwar 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..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ....... The prosecution case maybe set out on 16-3-67 there was a serious disturbance in the town of Pabna and the house of Cap­tain Zaidi suffered depredation and it was burnt down. Khurshed Alam, Deputy Commissioner of Pabna, on his return from Serajganj, went about the town to assess the situation. On..

Category: Criminal Law | Date: | Hits: 41

Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)

.... Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Abdur Razzaque............................................... Petitioner Vs. The Chief Election Commissioner, Election Commission Secretariat, Sher-e-Bangla Nagar, Dhaka and others......nt: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Abdur Razzaque............................................... Petitioner Vs. The Chief Election Commissioner, Election Commission Secretariat, Sher-e-Bangla Nagar, Dhaka and others&helli...... Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Abdur Razzaque............................................... Petitioner Vs. The Chief Election Commissioner, Election Commission Secretariat, Sher-e-Bangla Nagar, Dhaka and others…&hellip..

Category: Election Law | Date: | Hits: 116

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... to the direction given in the above Writ Petition No.396 of 1989 on 30.10.91 no forum for review was formed and no petition for review was also called from the petitioner or from the office of the Chief Martial Law Administrator and/or President's Secretariat and it is only the Joint Secretary ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..

Category: Administrative Law | Date: | Hits: 92

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......disregard of the respondent's legitimate claim as endorsed by the Prime Minister of Bangladesh, retired the respondent on 11 May 2002 as an Additional Secretary and as a member of the Privatisation Commission. The respondent then filed a Writ petition before the High Court Division praying that t..

Category: Employment/Service Law | Date: | Hits: 69

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....7-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boiddar Bazar Government Primary School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chief Guest and that after concluding the meeting while he along with aforesaid Mr Kibria was comin......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....d passage is as under:— "In Reynolds vs Sins the Court was faced with a challenge to the malapportionment of the Alabama state legislature. This time, relying on the equal protection clause, Chief Justice Warren formulated the broad one person, one vote rule: "Legislators represent peo......embly. He also referred to Article 59(1)(d) of the said Pakistan Constitution which provides "four women shall be elected by the members of each Provincial Assembly" and Article 59(2) which provides "Election to fill seats in the Senate allocated to each Province shall be held in accordance with the......xclusion of minority party/parties in the Parliament and PO No. 17 of 1973 provided for the modalities/metho­dology of conducting election to those seats and Article 3 thereof empowered the Election Commission to divide the country in to thirty Zones and Article 4 thereof provided for the preparati..

Category: Constitutional Law | Date: | Hits: 221

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....urther order by Memo dated 13-6-1985. It further appears that Bangladesh Oil, Gas and Mineral Resources Corporation appointed the petitioner as Senior Manager-in-Charge. By Memo dated 10-11-1986 of Chief Martial Law Administrator's office, the petitioner was retired from Bangladesh Army with dir......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....nbsp; Amirul Kabir Chowdhury J. - Civil Appeal No. 54 of 2006 arises out of Civil Petition for Leave to Appeal No. 88 of 2006 at the instance of the Election Commission represented by the Chairman (Chief Election Commissioner), the appellant, against the judgment and order dated the 4th January,......            Md. Ruhul Amin J MM Ruhul Amin J    Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj A......sp;          Md. Ruhul Amin J MM Ruhul Amin J    Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate M..

Category: Election Law | Date: | Hits: 159

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....ng has been said about the pending proceedings although constant legislative practice is to make such constitutional pro­vision whenever such circumstances require. Rules framed by the learned Chief Justice are ultra vires because Parliament cannot delegate this legislative power to any auÂ......Abdul Haque vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 Golaknath's case; AIR 1973 (SC) 1461 Keshavananda's case; AIR 1960 (SC) 845; AIR 1967 (SC) 944 Mongal vs. Union of India; AIR 1953 (SC) 210 Election Commissioners vs. Venkata; AIR 1939 (PC) 53 Attorney-General of Alberta vs. Attorney-Genera......ue vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 Golaknath's case; AIR 1973 (SC) 1461 Keshavananda's case; AIR 1960 (SC) 845; AIR 1967 (SC) 944 Mongal vs. Union of India; AIR 1953 (SC) 210 Election Commissioners vs. Venkata; AIR 1939 (PC) 53 Attorney-General of Alberta vs. Attorney-General of Cana..

Category: Constitutional Law | Date: | Hits: 1934