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Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Jamiul Hossain……………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment February 15, 2011. ......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......an V. Azim Rahman, 20 DLR (1968) (SC) 71; Fatema Khatun and others Vs. DC, Dinajpur, 3 MLR (1998) (AD) 71; Tasmina Chowdhury and others Vs. Deputy Commissioner, Dhaka and others, 49 DLR (1997) 29. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate with S. R. Khosh Nabish, Advocate - For th..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

.... Cases Referred to- Kudrat-e-Elahi Panir Vs. Ahsanullah 44 DLR (AD) 319; Sajjan Singh Vs. State of Rajesthan AIR 1965 SC 845; Anwar Hossain Chowdhury Vs. Government of People's Republic of Bangladesh, 41 DLR (AD) 165; Ashby Railway Carriage and Iron Co. Ltd Vs. Rich (1875 LR 7 HL 653); B......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......lic of Bangladesh, 41 DLR (AD) 165; Ashby Railway Carriage and Iron Co. Ltd Vs. Rich (1875 LR 7 HL 653); BADC Vs. Shamsul Haque 60 DLR (AD) 152; Full Chand Das Vs. Md. Hammad 34 DLR (AD) 361. Lawyers Involved: Mohammad Golam Kibria, Advocate, instructed by Md. Aftab Hossain, Advocate-o..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... to office one holds and while exercising jurisdiction of judicial review the High Court Division cannot sit over the internal administrative actions taken an autonomous body…….(4) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellant. ASM Kaleq..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....n: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ...... The Mayor, Dhaka City Corporation and other.....................Respondents. Judgment November 17, 2009. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: Md. Manzill Murshid, Advocate - For the Petitioner. M.A. Baqui, Advoca..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....রা ৭-৭-২০০৫ তারিখের এস.আর.ও. নং ২১১-আইন/২০০৫-সম(বিধি-৫)-৩১/০৪ এর প্রজ্ঞাপন মারফৎ Bangladesh Civil Service Recruitment Rules, 1981 এর সংশোধনীর মাধ্যম......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....A Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………………&h......ecutive has accepted the judicially devised procedure for appointment of judges of superior Courts. But I want to remind the learned advocates that in India also an endeavour was made to constitute a National Judicial Commission for selecting competent persons for appointment to the post of judges o......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ection Tribunal, Sylhet, 1981 BLD 132; Sargodha Bhera Bus Service Ltd. vs. Province of West Pakistan 11 DLR (SC) 285; Supreme Court Advocates-on-Record Association vs. Union of India AIR 268 SC. Lawyers Involved: M Amir-ul-Islam, with Dr Shahdeen Malik and Idrisur Rahman, Advocates—F..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......resent, just like any of its other defaulting subscribers, otherwise, the concerned authorities themselves will be liable for dereliction of their official and legal duties………………(48) Lawyers Involved: Dr. Shahdeen Malik with Sara Hossain, Tanjib-ul-Alam, A Mannan Khan and Syed ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

..... Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......R 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee Co., (1920) Ltd. (1924) I KB 171; (1923) All ER Rep 150. Lawyers Involved: Dr. Kamal Hossain with Tanjibul Alam, Ms. Amatul Karim and Ms. Sadeka Jahan, Ad..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... Present: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others………………………&hellip......date of receipt of this Judgment to be effective from 9‑12-­2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602.       ......date of receipt of this Judgment to be effective from 9‑12-­2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602.       ......…………………………………Respondents Judgment April 2, 2005. Result: The Rule is made absolute. Lawyers Involved: Monzil Murshid with Md. Abu Zafor Siddique, Advocates‑ For the Petitioner. ..

Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner Vs. Ekramul Haque Bulbul, reporter of the Daily P...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......ilbert Ahnee and others Vs. DPP, [1999] 2 AC 294; Schenck Vs. United States (1919) 249 US 47; Near Vs. Minnesota Ex Rel Olson, 283 US 696, 697; Nebraska Press Association Vs. Stuart, 427 US 539. Lawyers Involved: Ajmalul Hossain, QC‑ For the Petitioner. Dr. Kamal Hossain with Ramzan..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhory J Mir Hashmat Ali J Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgmen......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ...... Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgment September 20, 2004 Lawyers Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Ma..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....ion of the said provision is not sustainable in law…………………………………(8)  Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Banglades......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......ellip;…(8)  Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99.  Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....d. This Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......roller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trust vs. Province of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. Lawyers Involved:   Fida M Kamal, Additional Attorney-General, (Md. Ataur Rahman Khan, ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

.... ...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......tract….(19) Cases Referred to- Sharping Matshyajibi Samabaya Samity Vs. Bangladesh 39 DLR (AD) 85; Bangladesh Power Development Board Vs. Md. Asaduzzaman Sikder 8 MLR (AD) 241. Lawyers involved: Rafique ul‑Huq, Senior Advocate, Abdur Razzaque, Senior Advocate with him, ins..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

.... Division in Writ Petition No. 3005 of 1998 declaring the Memo No. 2862/Solicitor/96‑312/4 dated 13‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and wi......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... a lawyer and that being the accepted position and whose skill or special know the government was utilizing cannot take exception to the termination of such appointment…..(14)  Lawyers Involved:  Syed Abu Kowser and Md. Dabirush Shan, Deputy Attorneys‑Genera..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents  Judgment April 5, 2004...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......y be considered legally well conceived” and such person is not competent to question the legality of such action……………………(8)  Lawyers Involved:  Md. Mujibur Rahman, Senior Advocate, instructed by Ataur Rahman Kha..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

.... Alauddin Sikder (Md) and another……………Petitioners                Vs. Bangladesh and others ....…….............Respondents  Judgment Mar......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......ation Authority of Bangladesh vs. Kazi Abdur Rouf and others 46 DLR (AD) 145; Board of Intermediate and Secondary Education and others vs. Md. Faizur Rahman and others 51 DLR (AD) 59.  Lawyers Involved:  Prabir Halder, Advocate, (appeared with the leave of the Court) ins..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....der (Md).....................Petitioner Vs. State ...........................................Respondent   Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105  Unless the impugned order shows error apparent on the f......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......ber, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Mahmood Hasan 55 DLR (AD) 26.  Lawyers Involved:  Abdul Malek, Senior Advocate, AKM Shafiqul Alam, Advocate with him),..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………… Responden......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ...... The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same.  Lawyers Involved: TH Khan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....inistry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent  Judgment January 10, 2004.   The Constitution of Bangladesh, 1972, Article 103  Order of transfer of a senior staff nurse who is the wr......by the respondent No. 4 (Annexure‑A) should not be declared to have been made without lawful authority and of no legal effect. The petitioner's case is that she is a Senior Staff Nurse of the National Institute of Cardio Vascular Diseases and Hospital and she is also an office bearer and r......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ...... issued by the Government from time to time framing regulations of transfer of such employees. The High Court Division rightly decided the case in favour of the writ petitioner.    Lawyers Involved:  Fida M Kamal, Additional Attorney General, instructed by B Hossain..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246