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Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)
.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ......ll judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..Category: Constitutional Law | Date: | Hits: 228
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....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.......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...Category: Constitutional Law | Date: | Hits: 233
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. 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 Constitution. 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 Constitution. 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 Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply wi...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ning’s are rightly different, I wish to add a few words of my own. Facts have been sufficiently dealt with in the judgment of my learned brother and it is not necessary to restate the same. 38. The occurrence took place on 18.4.78 and the First Information Report was lodged on 20.4.78. Pol......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......et me examine whether restoration of clause (1) of Article 102 of the Constitution by the Proclamation (7th Amendment) Order, 1976 (Second Proclamation Order No. 4 of 1976) which was omitted by the Fourth Amendment of the Constitution (Act 11 of 1975), made any change in the position of the High C..Category: Constitutional Law | Date: | Hits: 292
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....II of 1974. He challenged the order of retirement by filing a Writ Petition (W. P. No. 103 of 1980) taking almost the same grounds as were taken by the other government servant in Writ Petition No. 1038 of 1978 as mentioned above. This respondent pointed out that the order of retirement was passed y...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... No. LXXXIV of 1976) His writ petition was summarily rejected on the finding that the impugned order had been passed after going through a regular proceeding drawn up under the Ordinance, 1976. 38. Respondent Dhirendra Nath Sarnakar in Civil Appeal No. 126 of 1979, a Police Constable challenge...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ily confined to offences against discipline and that all jurisdiction over civil offences should be taken away except where it is reasonable and impracticable to arrange for a civil trial." 38. The British House of Parliament ultimately passed the Court Martial Appeal Act, 1951 giving an......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....gation, Court can examine the effect of the legislation and take into consideration its object, purpose and design. (Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117). 38. Reading the Repeal Act as a whole we find that it has repealed the Upazila Parishad Ordinance (N...... 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. ...... 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. ......ted one Mayor and one Deputy Mayor, to be elected by these Ward Commissioners from among themselves. 18. The Constitution of Bangladesh was radically changed by Act No. 2 of 1975, known as the Fourth Amendment, with effect from 25 January 1975. In the amended Constitution Articles 59 and 60 w..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Special Reference No. 1 of 1995, 24 CLC (AD)
....y say that the political storm which has given rise to this Reference will pass away but the honour and dignity of this court is too precious to be risked and/or whittled down by any side‑wind. 38. We do not think that the submissions are cogent enough to permit us to return the Reference unan...... 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. ...... 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. ..Category: Constitutional Law | Date: | Hits: 248
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....3) Cases Referred To: Abdul Latif Mirza, 31 DLR (AD) 1; Shiv Prasad vs. State of MP, AIR 1981 (SC) 870; M Mahmood vs. Bangladesh, 43 DLR 383; Baqi Baluch vs. Pakistan, 20 DLR (SC) 249; Government of West Pakistan vs. Begum Agha Shorish ......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. ......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. ..Category: Constitutional Law | Date: | Hits: 191
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....o- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Sampath Kumar vs Union of India, AIR 1987 (SC) 385 (Para 16) and JB Chopra vs Union of India, AIR 1987 (SC) 357 (Para 2). Lawyers Involved...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... contingent rule-making power of the President and examples of this power are to be found in our Constitution in Articles 62(2), 75(1)(a), 79(3), 85, 127(2), 128(3), proviso to Article 133, Articles 138(2) and 147(1)(b). 34. The President is also designated as a rule approving authority under th......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. ......isions of Article 136 of the Constitution, the High Court Division was wrong in holding that imposition of conditions in Annexure F(1) in respect of judicial officers in without lawful authority. Fourthly, upon a complete misinterpretation of the provisions of the Constitutional and its scheme a..Category: Constitutional Law | Date: | Hits: 829
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....S Al-Nuri Establishment Company of Saudi Arabia. About this employment the Ministry of Labour and Manpower was informed by the Bangladesh Embassy at Jeddah about certain irregularities vide Telex No. 386 dated 12‑12‑92 and Memo dated 20‑12‑92. Accordingly the respondent was asked to submit a......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....in the context of the entire Constitution, not isolated. Article 102 is an institutional vehicle for ventilating the rights and duties under the Constitution and not a mere procedural device. Article 38 of the Constitution confers on every citizen the right to form association and BELA has been regi......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....LR (AD) 201; Ajay Hasia vs. Khalid Mujib Sarwardi, (1981) 1 SCC 487 = AIR 1981 (SC) 487; R Chitra Lekha vs. State of Mysore, AIR 1964 (SC) 1823; A Peeriakaruppan vs. State of Tamil Nadu, (1971) 1 SCC 38=AIR 1971 (SC) 2303; Nishi Maghu vs. State of Jammu and Kashmir (1980) 4 SCC = AIR 1980 (SC) 1975;......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
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