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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....ncompetent in law for reasons that (a) proceedings were taken not by the Election Commission but by an official thereof without the authority of the Election Commission, and (b) in the absence of the Chief Election Commissioner at the relevant time, the proceedings were coram non judice, inasmuch as...... (2001) 546. ......46. ..

Category: Constitutional Law | Date: | Hits: 196

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....fence of India Act, it was necessary so to do Under Rule 129 a police officer could arrest a person whom 'reasonably suspected of having acted or acting or being about to act' in a particular manner. Chief Justice Goayer, who delivered the judgment of the Court, though posed the question whether the......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... Vs. 1. Govt. of the Peo­ple's Republic of Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commission­er, Dacca. 4. Deputy Inspector-General of Police, Spl. Branch, Rajarbagh, Dacca. ..

Category: Constitutional Law | Date: | Hits: 291

Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)

.... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..

Category: Constitutional Law | Date: | Hits: 199

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....rotein Project Ltd. vs. Secretary, Ministry of Disaster Management and Relief 6 BLC 681; Chairman, Bangladesh Textile Mills Ltd. vs. Nasir Hossain Chowdhury 7 MLR (AD) 265 = 7 BLC (AD) 144; State vs. Chief Editor, Manabjamin 57 DLR 359; Al-Jehad Trust vs. Federation of Pakistan PLD 1996 SC 324; Sham...... make appointment of various Constitutional functionaries, namely, the Attorney-General, the Comptroller of Auditor-General, the Chairman and other members of the Public Service Commission, the Chief Election Commissioner and other Election Commissioners, etc., which are also non-elective offices. T......be given to the 'consultation' in respect of appointment of Judges, which were being made by the President in the Presidential Form of Government." 104. In the report of a broad based Constitution Commission of Pakistan headed by Mr. Muhammad Shahabuddin in 1961 at page 93, with regard to the pro..

Category: Constitutional Law | Date: | Hits: 253

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1974 AC 765, Muhammed Omar Khan-v-Crown, 5 DLR (WP Lahore) (1953) 73, State-v-Dosso, 11 DLR (SC) 1, Begum Nusrat Bhutto-v-Chief of Army Staff PLD) 1977 (SC) 657, Sindh High Court Bar Association –vs- Federation of Pakist......faz Dastoor-v- Federation of Pakistan, PLD 1998 (SC) 1263, Syed Masroor Ahsan and others –vs- Ardeshir Cowasjee and others, PLD 1998 (SC) 823, Marbury-vs- Madison (1803) Cranch 137, Fazle Rabbi-v- Election Commission, 44 DLR 14, R-v-Wandsworth JJ ex-parte Read, 1942 1KB 281, R-vs-Lowle 1759 2Bnrn...... 2007 3 SCC 184, East Pakistan-v-Mehdi Ali Khan, 11 DLR SC 319, Abul A’la Moudoodi-v-West Pakistan, 17 DLR SC 209, Fazlul Quader Chowdhury-v-Abdul Haq, 18 DLR SC 69, Khan Abdul Gaffar Khan-v-Deputy Commissioner, Peshawar, PLD 1957, Peshawar, 100, Fazal Ahmed Ayubi-v-West Pakistan Province, PLD 195..

Category: Constitutional Law | Date: | Hits: 482

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....l”. There is another case reported in the same volume of AIR 1974 at 2154. This is the case of H Saha Vs. State of West Bengal. In this case the Bench was constituted with five Judges including the Chief Justice of the Supreme Court of India. In this case, the Court has observed that the preventiv......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..

Category: Constitutional Law | Date: | Hits: 195

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....as, however, stayed by the Ministry of Communication on 2-12-1993 as evident in Annexure-'D' to the writ petition. Later, the petitioner applied for establishing a CNG filling station. The Additional Chief Engineer, Roads and Highways recommended renewal of the lease subject to establishment of a CN......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..

Category: Constitutional Law | Date: | Hits: 200

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....Commission, State of Kerala, Director General of Kerala Police and the institute which had moved in the High Court against general strike enforced forcibly. A bench of the Supreme Court comprising Chief Justice AS Anand, Justice RC Lahoti and Justice Shivraj V Patil on Monday stayed the Kerala ......r to a news item appearing on October 22, 2000 in the Daily Star under caption “Law and our rights” at page 5 which reads: “The Supreme Court in Delhi stayed a High Court judgment asking the Election Commission to deregister political parties that enforce bundhs. As Congress and CPI (M) cha......ws item appearing on October 22, 2000 in the Daily Star under caption “Law and our rights” at page 5 which reads: “The Supreme Court in Delhi stayed a High Court judgment asking the Election Commission to deregister political parties that enforce bundhs. As Congress and CPI (M) challenged t..

Category: Constitutional Law | Date: | Hits: 216

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ied for allotment of 5 acres of land to the Hon’ble Minister of Housing and Public Works for establishment of a housing area. The respondent No. 2 by its office letter dated 29-6-1998 requested the Chief Engineer, Directorate of Public Works to give a detailed report. Thereafter, complying with al...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......9-6-1998 requested the Chief Engineer, Directorate of Public Works to give a detailed report. Thereafter, complying with all formalities, in the meeting of land allotment committee, the office of the Commissioner of Settlement dated 13-12-1998 decided to allot 5 acres of land from plot No. 1/7 of Bl..

Category: Constitutional Law | Date: | Hits: 171

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....al -for the State. Criminal Miscellaneous Case (Suo Motu Rule) No. 2737 of 2001. Judgement Md. Hamidul Haque J.- This suo-motu Rule was issued on the basis of a letter addressed to Hon’ble Chief Justice by Dr. Faustina Pereira, Advocate of Supreme Court and also Coordinator of Advocacy Ai......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......e report as to the steps taken by the jail authority for facilitating release of the prisoners in question. It appears that as regards the prisoners of India and Pakistan the authority contacted High Commissions of those two countries. It further appears from the memo that except the prisoner at Sl...

Category: Constitutional Law | Date: | Hits: 123

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....t and another Vs. Secretary of State of Home Affairs, (1969) 1 All England Law Reports 904; Attorney-General of Hong Kong Vs. Ng Yuen Shiu, 1983 2 All England Law Reports 346; PI Sakhanpal Vs. AN Roy Chief Justice of India, AIR 1975 Delhi 66 (FB); SP Goptiats, (AIR 1982 SC 149; Abrar Hossain (PLD 19...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ...... 2. In this petition there are two petitioners namely, Mr. SN Goswami, an Advocate of this Court and the other one is Mr. Saidul Islam Dilder who is the Secretary General of Bangladesh Human Rights Commission. They have filed this petition under Article 102(2)(a)(ii) of the Constitution of the Peo..

Category: Constitutional Law | Date: | Hits: 126

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ...... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ...... their rooms and without giving them any opportunity to change or organize, dragged them out of their rooms and they informed the residents that the Member of Parliament of the area along with Deputy Commissioner, Superintendent of Police and Officer in Charge of Narayanganj Sadar Police Station, re..

Category: Constitutional Law | Date: | Hits: 264

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

.... August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of India, AIR 1965 page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Commission, PLD 1969 (Lahore) 602; Fazlul Kader Chowdhury Vs. Md. Abdul Hoque PLD 196......r, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of India, AIR 1965 page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Co......desh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of India, AIR 1965 page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Commission,..

Category: Constitutional Law | Date: | Hits: 171

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....pellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Ha......t Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Haque, P......Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 S..

Category: Constitutional Law | Date: | Hits: 138

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......action of the writ petition on the day of delivery of the judgment on 9th December, 2009. It is further contended that after taking over the charge as admin­istrator by the writ respondent No.5, the Election Board conducted the election of the Faridpur District Minibus  Owners Group and declared t......n the writ petitioner under memo dated 13th November, 2008 directing him to hand over charge of the affairs of Faridpur Minibus Owners Group. The writ petitioner made a repre­sentation to the Deputy Commissioner stating that there was no existence of any association in the name of Minibus Owners Gr..

Category: Constitutional Law | Date: | Hits: 107

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....e police. (3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (4) If such order is given by a Magistrate other than the Chief Metropolitan Magistrate, District Magistrate or Sub‑Divisional Magistrate, he shall forward ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... Criminal Procedure now in force in this country. Even after amendment of the section in India, the debate on the question was not stopped. This question also came up for consideration before the Law Commission of India and the Law Commission of Bangladesh and some serious deliberations were made by..

Category: Constitutional Law | Date: | Hits: 137

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......ন্য শর্তাবলী) বিধিমালা, ২০০৭. In view of Article 140(2) (b) of the Constitution, it was an indispensable requirement to consult with the Public Service Commission before such provisions of substantive appointment and transfers from the Judicial Service..

Category: Constitutional Law | Date: | Hits: 207

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....49 DLR (AD) 1, Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, Sankar Chand’s case, AIR 1977 S.C. 2328, Reference re-amendment of Constitution of Canada, 123 DLR(3rd)1,84; State Vs. Chief Editor, Manabjamin, 57 DLR 359, Bangladesh Vs. Shamsul Huda, 60 DLR (AD)124; State Vs. Moyez U......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......DLR(3rd)1,84; State Vs. Chief Editor, Manabjamin, 57 DLR 359, Bangladesh Vs. Shamsul Huda, 60 DLR (AD)124; State Vs. Moyez Uddin Sikder and others in Criminal Appeal No.65 of 2007; Basheshar Nath Vs. Commissioner of Income Tax, Delhi and Rajasthan and another AIR 1959 (SC) 149; Kudrat-E-Elahi Panir ..

Category: Constitutional Law | Date: | Hits: 251

Special Reference No.1 of 2009, 38 CLC (AD)

....place in Peelkhana and about 1779 persons have so far been arrested in connection with the said case. For the offences committed outside Peelkhana authority has lodged 40 CR cases before the Court of Chief Judicial Magistrates in all concerned District under sections 120-B, 121 and 121-A of the Pena......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 289