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Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....ights, guaranteed by the Constitution, or any other law. A person in the service of the Republic who intends to invoke fundamental, right for challenging the vires of a law will seek his remedy under Article 102(1) but, in all other cases, he will be required to seek remedy under Article 117(2)&hell......d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

..... Vs. Md. Abu Bakar..............................Respondent.   Judgement February 16, 2005. The Constitution of Bangladesh, 1972 Article 116 Consultation with the Supreme Court in taking disciplinary action against a Mag...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

....lications to the Chairman, Review Committee for disposal of his review applications but those were not replied to. 3. Being aggrieved by the non-consideration of the Review petitions filed under Article 1-A of MLO 9 against the order of his retirement the petitioner moved this Writ application ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)

....buddin Ahmed with Khondkar AM Mohsenuddin, Advocates—For the Respondent No. 1. Writ Petition No. 1889 of 1990. Judgment Mohammad Gholam Rabbani J.—By this application under Article 102 of the Constitution the petitioner challenges the correctness of the orders dismissing h......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384   ..

Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10

Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)

....r Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is made absolute. The Constitution of Bar Association; Articles 3 & 4(5) The Bar Association is a welfare association of the members. Th......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71.     ..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....ayment of different scales of pension to the pensioners retiring from the service on the basis of the date of retirement is an irrational classification, violative of the equality clause enshrined in Article 27 of the Constitution and, as such, cannot, be sustained and must be knocked down as uncons...... "In respect of pensioners retiring from service on or after 1st June, 1985, the pensions are to be calculated according to the revised pension table shown at Annexure’ A’ to this Memorandum subject to a maximum of taka 4000.00 per month." 2. The amendments contained in..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....Rahman Mustafa, Assis, Attorney-­Genera—For the State. Writ Petition No. 1915 of 1992. Judgment Anwarul Hoque Chowdhury J.—This Rule, arises out of an application under Article 102 (2)(1) (b) of the Constitution of the People's Republic of Bangladesh and is directe......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....কি স্বরূপ। 12. We will presently show that the members of defence services as well as persons holding any civil post in the service of the Republic in view of the provision of Article 134 of the Constitution of Bangladesh hold office during the pleasure of the President but d......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

.... Waiver is an agreement, though can even be expressed by conduct, to realise or not to assert a right and is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

....shad are without lawful authority and of no legal effect. 5. The learned Advocate for the petitioner, perhaps for showing the locus standi of the petitioner to file this Writ Petition, refers to Article 11 of Part 11 (Fundamental Principles of State Policy) of the Constitution which provides, i......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395   ..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

.... reason as leave overriding all other rules, orders or instructions which are discriminatory in its application and effect upon persons employed in the services of Bangladesh and is inconsistent with Article 27 of the Constitution and, as such, is void and that the rule making power of the President...... Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ......ction that the application for temporary injunction is barred by Martial law Order No. 40 of 1989. The defendant No. 1 also stated as per order of the Chief Martial Law Administrator contained in his Memorandum No. 7002/4-CIV-1 dated 8-7- 82 all Government markets were handed over to the defendant N..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

.... came into being on 13th April, 1983 by the Chief Martial Law Administrator. This Regulation was made by the Chief Martial Law Administrator, in pursuance of the proclamation of the 24th March, 1982. Articles 2(a) and (b) of the Martial Law Regulation No.III of 1983 says that the deed of exchange da......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

.... Ali, D. A. G, with M. M. Hoque, A.A.G,—For the Respondents. Writ Petition No. 24 of 1982. Judgment Abdur Rahman Chowdhury J.— This rule arising out of an application under Article 102 of the constitution of Bangladesh is directed against an order suspending the ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....seeking to rely on the Government Servants (Seniority of Freedom Fighters) Rules made on 24th December 1979 by the President of Bangladesh in exercise of the power conferred under the proviso to Article 133 of the Constitution of Bangladesh, for granting antedated seniority to respond......t lawful authority. By that order Aran Kumar Sarkar, respondent No. 4, was granted two years ante-dated seniority with all attendant benefits in terms of promotion and fixation of pay in pursuance of Memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 of the Cabinet Secretariat, Establish..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

.... M. M. Hague, Asstt. Attorney General—For the Respondent. Writ Petition No. 428 of 1981 Judgment Abdul Wadud Chowdhury J. — This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

....hers……Res­pondents Judgment November 18, 1981. Result: The rule is discharged. Certiorari jurisdiction Court exercising certiorari jurisdiction under Article 102 of the con­stitution is not entitled to take a different view or reverse the finding...... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

.... that the three Deans of the Faculty of Law of the Universities of Dacca, Chittagong and Rajshahi are members of the Legal Education Committee. One of the essential functions of the Bar Council under Article 10 is to promote Legal education and to lay down the standard of such education in consultat......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1