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Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....ject" in the service of DCC under revenue budget as per the decision of Executive Committee of National Economic Council (ECNEC) dated 3-1-2008. The Joint Chief, Planning Division, Government of Bangladesh, vide his letter dated 10th January, 2008 requested all concerned including the Chief Exe......ing him to transfer 512 officers and employees of "Support for Basic Service in Urban Areas Project" in the service of DCC under revenue budget as per the decision of Executive Committee of National Economic Council (ECNEC) dated 3-1-2008. The Joint Chief, Planning Division, Government of ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......llip;…(24) Cases Referred to- Smith Vs. Secretary of State for Home Affairs [1969] 2 Ch. 149, 170; Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374. Lawyers Involved: Tofailur Rahman, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-o..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J AKM Mahtabul Islam .......................Petitioner Vs. Bangladesh and others ....................Respondents Judgment January 30, 2013. Resu......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ...... others ....................Respondents Judgment January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, Advocate—For the Petitioner Fida MKamal with Mdldr..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....an Foez Siddique J ABM Altaf Hossain J Mir Sharafat Ali………………………………Petitioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......C 229; Kent Vs. Dulles, (1958) 2 L Ed 1204; RA Williams Vs. Edgar Fears & Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. A..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

....hat score if anyone is aggrieved by the decision of the government may take recourse of law in an appro­priate forum, if so advised…….(54) Cases Referred to- Government of Bangladesh, represented by the Deputy Commissioner, Dhaka Vs. Mr. s Anwara Huq, 9 MLR (AD) 253 = 56 ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ......DLR (AD) 290; Mahbubur Rahman Sikder Vs. Mojibur Rahman, 35 DLR (AD) 203; Catmur Vs. Knatchbull; Lindley in O'Shea Vs. O'Shea and Parnell; Md. Abdul Halim Vs. Dr Md. Tareque, 63 DLR 465. Lawyers Involved: Md. Salahuddin Dolon with Md. Omar Farouq, Md. Gias Uddin and Ainun Naher, Ad..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......rity can not sub-delegate to some other authority until and unless statute permits such sub-delegation.......... (15) Cases Referred to- Barium Chemicals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. ..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....tice and Parliamentary Affairs and others.......................Defendant-Opposite Parties Judgment August 8, 2012. Result: The is made absolute. Cases Referred to- Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 34 DLR (AD) 173; Principal, Chittagong...... natural justice. It was also asserted by the plaintiff-petitioner that he is a citizen of Bangladesh by birth and only stayed 8(eight) years temporarily in India for his study. He did not obtain any Nationality there and his Nationality in Bangladesh by birth had not been abandoned and as such ther...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......m Vs. Bangladesh, 33 DLR (AD) 201; Bangladesh Vs. Professor Golam Azam and others, 46 DLR (AD) 192; Bangladesh Vs. Rehana Kamal and others, 32 DLR 160 Asit RanjanSen Vs. Government, 56 DLR (AD)1 Lawyers Involved: P.C. Guha, Advocate with SamiranMallik, Advocate-For the petitioner. Md...

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

...., Advocate-For the petitioner. Writ Petition No.10053 of 2012. Judgment Mamnoon Rahman J.— In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply w......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ......p;……......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is disposed of. Lawyers Involved: Meah Mohd Kausar Alam, Advocate-For the petitioner. Writ Petition No.100..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and oth......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268, 47 DLR (AD) 111, Raja Rampal Vs. Hon’ble Speaker, Lokshava, (2007) 3 SCC 184, Bachan Singh Vs. Union of India (1983) 3 SCC page 24 Lawyers Involved: Rokanuddin Mahmood and Akhter Imam, Senior Counsel with K.M. Saifuddin, Rashed ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....r further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the pur­pose of disposal of this rule are that petitioner is a schedule bank of Bangladesh and a public limited company listed with stock exchange. The respon­dent No. 4 is the......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......ly 7, 2012. Result: The rule is made absolute. Cases Referred to- Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundation Karmachari Union (proposed), 57 DLR (AD) 155. Lawyers Involved: Ahsanul, Karim with Khairul Alam Chawdhury & Aminul Hoque, Advocates&mdas..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers....................... he was a Member of Parliament from the Constituency No.249, Comilla-2 Thrice he was elected a Member of Parliament from the said Constituency. He was a Member of the Standing Committee of Bangladesh Nationalist Party (BNP). He was the Minister in-charge of the Ministry of Energy and Mineral Resourc...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... Chairman, Court of Settlement, 51 DLR (AD) 87; Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90;Khandakar Delwar Hossain Vs. Bangladesh Italian Marble Works Ltd, 2010 BLD (Spl) 1 = 62 DLR (AD) 298. Lawyers Involved: Murad Reza, Additional Attorney-General with Saifuzzaman, Assistant Attorney-..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ers Vs. The Magura Pourashava and others………………....Respondents Judgment May 24, 2012. Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur with Mrs. Masuda Rahman Begum&md..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

.... Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012.   Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (B......an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......h, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, Ministry of Irrigation, 49 DLR (AD) 1. Lawyers Involved: TH Khan, AKM Fakrul Islam and Md. Mostafa Kamal, Advocates—For the Peti..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......ed the respondents to include the name of these educational institutions in the list of MPO within the specified time if these educational institutions fulfill the requirements. . . . . . . (12) Lawyers Involved: B. Hossain, Advocate-on-Record—For the Petition­ers (In all the cas..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Pe......airline, is being paid. But Biman is the only airline, who allows its passengers to carry more than the permissible amount of weight after being satisfied by the illegal gratification for which the National Flag carrier is incurring huge financial loss. The petitioner further alleged that the ma...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-for the petitioner Azmalul Hossain with Mr. ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......Welfare, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others………...... Respondents. Judgment February 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder wi..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....o Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......, Dhaka City Corporation, City Corporation Bhaban, Ramna, Dhaka, Bangladesh and others.......Respondents Judgment February 2, 2012. Result: The rule is hence made absolute. Lawyers involved: Manzill Murshid, Advocate-for the Petitioner ABM Altaf Hossain, Deputy A..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....e Division in leave Petitions and in a summary manner, that cannot be treated or con­sidered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. We are also unable to accept the said submission of the learned Advocate for the petitio......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ......96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawyers Involved: Md. Khurshid A lam Khan, Advocate—For the Petitioner. MH Sarder, D..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Sha...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......on, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Altaf Hossain, D..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

.... তথ্য প্রকাশ অধ্যাদেশ, ২০০৮, (Ordinance No.XXVII of 2008), before the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh in Writ Petition No. 6488 of 2008. 2. The High Court Division after hearing by its j......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......or-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association Vs. Federation of Pakistan, PLD 2009 SC 879; Re Governor-General's Reference of 1955, VII DLR 1955 (FC) 395. Lawyers Involved: Ajmalul Hossain with Yusuf Hossain Humayan, Senior Advocates and AM Aminuddin..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

....s discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Bajya Vs. Smt Gopikabai, AIR 1978 (SC) 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 ...... 4, Pubali Bank Limited, is a private bank company registered under the Companies Act, 1913 (Act No. VII of 1913). After independence, the said bank was nationalized by virtue of the Bangladesh Bank (Nationalisation) Order. 1972 (PO No.26 of 1972). Subsequently, vide Article 27A(1) of the Bangladesh...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ...... Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 DLR (AD) 81; Dalutpur Jute Mills Ltd Vs. Income Tax Officer (Investigative), 26 DLR 5; Rupali Bank Ltd Vs. Arab Ali, 7 BLC (AD) 01. Lawyers Involved: AKM Fakhrul Islam—Far the Petitioner. Mahmudul Islam, Senior Advoc..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3