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Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....eved” and hold that the petitioner has no locus standi to maintain this petition as he is not an aggrieved person. This view of ours finds support from the following observation made by the learned Chief Justice in Dr. Mohiuddin Faruk’s Case. The learned Chief Justice observed: “A person pl...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......Dr. Kazi Akhter Hamid, Advocate - For the Petitioner. Writ Petition No. 405 of 1998. Judgment AM Mahmudur Rahman J.- The Saiful Islam Dilder, the Secretary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Banglad..Category: Constitutional Law | Date: | Hits: 421
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......sain, Advocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....hiur Rahman Vs. President of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd. Vs. BTRC, 54 DLR (AD) 130; Md. Yakub Vs. Chief Settlement Commissioner, PLD 1965 SC 254=17 DLR (SC) 105; Asoke Kumar Vs. National Insurance, ...... 1196, AIR 1986 SC 391; AIR 1993 SC 2422; Anwar Hossain Choudhury Vs. Bangladesh, BLD 1989 (Special issue)=41 DLR (AD) 165; Sreemati Indira Gandhi Vs. Raj Narayan, AIR 1975 SC 2299; MS Gill Vs. Chief Election Commr, (1978) 1 SCC 405; Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, ......resident of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd. Vs. BTRC, 54 DLR (AD) 130; Md. Yakub Vs. Chief Settlement Commissioner, PLD 1965 SC 254=17 DLR (SC) 105; Asoke Kumar Vs. National Insurance, AIR 1998 SC 2046;..Category: Constitutional Law | Date: | Hits: 215
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....are of Republic and to uphold the Rule of Law brings this action "pro bono publico" challenging the impugned Warrant of Precedence. 4. In the Table of the impugned Warrant of Precedence, the Chief Justice of Bangladesh being the head of the Judicial organ has been placed at serial No.4. Som......ointments of the Prime Minister, Chief Justice of Bangladesh, Judges of the Supreme Court, Ministers, Attorney-General, Chiefs of Staff of the Defence Services, Comptroller and Auditor-General, Chief Election Commissioner and Election Commissioners, Chairman and Members of the Public Service Commiss......f the Anny, Navy and Air Force and Principal Secretary to the Government have been placed at serial No.12 in the said Table. District Judges have been placed at serial No.24 equating them with Deputy Commissioners who are the mid-level employees of the Republic. The impugned Warrant of Precedence do..Category: Constitutional Law | Date: | Hits: 270
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... 91 of 1972 the above order was amended and a new Article 6A was inserted by which it was provided that there shall be an Appellate Division of the High Court of Bangladesh which shall consist of the Chief Justice and two other Judges to be appointed by the president after consultation with the Chie......an ulterior motive in as much as it has been enacted for a period of 5(five) months so that it automatically ceased to have its enforceability before the next Sessions of Parliament since the General Election are scheduled to be held in December 2008 and thus the impugned Ordinance in its life time ......ary Disclosure of Information Ordinance, 2008 (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 ("the impugned Ordinance") (Annexure-A) by which a Commission has been formed in the name and style Truth and Accountability Commission hereinafter cal..Category: Constitutional Law | Date: | Hits: 264
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....ma Circle with headquarters at Rangamati, the Bomang Circle with headquarters at Bandorban, and the Mong Circle with headquarters at Manik Chari in Khagrachari. The head of the Circle is known as the Chief, popularly known as the 'Raja' or 'King'. These Circle Chiefs or Kings have always had a disti......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......the 'Raja' or 'King'. These Circle Chiefs or Kings have always had a distinctive role to play in the administration of the CHT notwithstanding that the administration was formally run by the Deputy Commissioners and Sub-divisional Deputy Commissioners. Notably, though the CHT fell within the bound..Category: Constitutional Law | Date: | Hits: 219
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......ular member has vacated his seat, the Secretary shall cause a notification to that effect to be published in the Gazette and forward a copy of the notification to the member concerned and also to the Election Commission for taking steps to fill up the vacancy. So, we are of the view that sub-rule (3......er has vacated his seat, the Secretary shall cause a notification to that effect to be published in the Gazette and forward a copy of the notification to the member concerned and also to the Election Commission for taking steps to fill up the vacancy. So, we are of the view that sub-rule (3) does no..Category: Constitutional Law | Date: | Hits: 242
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangladesh and President of Bangladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Respondent......ngladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Respondent No.1. Chief Election Commissioner and Returning Officer and the Government of the People's Republic of Banglades......Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Respondent No.1. Chief Election Commissioner and Returning Officer and the Government of the People's Republic of Bangladesh, repres..Category: Constitutional Law | Date: | Hits: 200
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....0 have no application to Upazila Parishads. It is to be mentioned that when the repealed Upazila Parishads were created the Constitution was suspended and the Ordinance was promulgated by the then Chief Martial Law Administrator. Even in the suspended Constitution these two Articles, namely, Art......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......ed Ordinance was passed in accordance with law and as such it is a valid piece of legislation and it is not inconsistent with any provision of the Constitution. The Government has already set up a Commission and on the basis of the report of that commission the Local bodies will be established. ..Category: Constitutional Law | Date: | Hits: 461
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....made by the government on four occasions in the recent past from the recognized well established Constitutional Convention to appoint the senior-most Judge of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every ci......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......ments to be entirely in the hands of a Government Minister (namely the Lord Chancellor). Accordingly, the British Government announced its intention to establish an independent Judicial Appointment Commission (JAC) to recommend candidates for judicial appointment on a more transparent basis. The..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....he Government of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.11685 of 2006 directing the Government to place the District Judges, Additional District Judges, Chief Judicial Magistrate and Chief Metropolitan Magistrates in the same table with Chiefs of Staff ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......ce of the Republic, the District Judges have been rightly and properly placed at serial No.24 in the table of the impugned Warrant of Precedence. District Judges hold district-level posts like Deputy Commissioners and at the district-level, they have been shown at the highest serial number above Civ..Category: Constitutional Law | Date: | Hits: 441
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ber and November, 1986 he was pressed hard by the ruling party to support the 7th Amendment Bill of the Constitution of the People's Republic of Bangladesh. Such pressure was also put upon him by the Chief of the different intelligent agencies. The petitioner did not yield to such pressure. On 8.5.8......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......eed in the Constitution. Initially no reason was shown to the holding of the passport. A case was advanced before the Supreme Court that her presence within the country was required before an Enquiry Commission. The Supreme Court, however, kept the passport in the custody of its Registrar. While on ..Category: Constitutional Law | Date: | Hits: 288
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....(MP from NA -265, Comilla‑9) and Kazi Md. Anwar Hossain (MP from NA-286, Brahmanbaria‑5) moved this application on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Elec......ecial Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Fazle (Md) Rabbi and others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents Judgment......ginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Fazle (Md) Rabbi and others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents Judgment April..Category: Constitutional Law | Date: | Hits: 164
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....orce of law determined by the Full Bench, unless it is subsequently reversed by a larger Bench, specially constituted, consisting of such number of Judges as in each case shall have been fixed by the Chief Justice, or unless a contrary rule be laid down by the Supreme Court. In this connection, it d......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, represented by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka a..Category: Constitutional Law | Date: | Hits: 247
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......ication under Article 102 of the Constitution of the People's Republic of Bangladesh the Petitioners Abdus Samad Azad MP and 6 others have challenged the legislation, namely Act 27 of 1991 (President Election Act of 1991) and the amendment thereof by Ordinance No. XXXIII of 1991 passed on 28.9.1991 ......midst of hearing another application a supplementary affidavit has been filed on behalf of the petitioners on 6th October, 1991 challenging the notice issued under signature of an officer of Election Commission for sitting of the members of the Parliament at the parliament house for Presidential Ele..
Category: Constitutional Law | Date: | Hits: 229
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......deavor to make the BTTB as company without having regard to the complication to be faced in the process. 33. He submits that the main function of the caretaker Government was to hold the National Election as contemplated under article 58D of the Constitution which specifically provided that the ......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
....appointed Vice‑President of the People's Republic of Bangladesh on 12.6.89; that he remained the Vice‑President of the country till he voluntarily resigned on December 6, 1990, in whose place the Chief Justice of Bangladesh was appointed as Vice‑President and who is now acting as President of ......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......The State of Bombay Vs. Atma Ram Shridhar Veidya (AIR 1951 (SC) 157); Nurunnahar Begum Vs. Government of the People's Republic of Bangladesh and others (29 DLR 372); Keshave Nilkanth Joglekar Vs. The Commissioner of Police, Greater Bombay and others (AIR 1957 (SC) 28); Nagen Murmu Vs. The State of W..
Category: Constitutional Law | Date: | Hits: 178
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
.... of our great patriotic people, do hereby take over and assume all and full powers of the Government of the People’s Republic of Bangladesh with immediate effect from Wednesday, 24th March, 1982 as Chief Martial Law Administrator of the People’s Republic of Bangladesh and do hereby declare that ......n the morning of Wednesday, 24th March, 1982 shall continue to remain in force until repealed, revoked or amended. The judges of the Supreme Court including the Chief Justice, Attorney-General, Chief Election Commissioner, Election Commissioner or Commissioner, Chairman and Members of the Public S......ning of Wednesday, 24th March, 1982 shall continue to remain in force until repealed, revoked or amended. The judges of the Supreme Court including the Chief Justice, Attorney-General, Chief Election Commissioner, Election Commissioner or Commissioner, Chairman and Members of the Public Service Co..Category: Constitutional Law | Date: | Hits: 181
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......n of India and others, AIR 1991 (Bombay) 91; Monni Lal Vs. Parmai Lal and others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur Rahman Chow......a and others, AIR 1991 (Bombay) 91; Monni Lal Vs. Parmai Lal and others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur Rahman Chowdhury, 19..Category: Constitutional Law | Date: | Hits: 202
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