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Displaying 101-120 of 138 results.
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....g of the matter in an academic mode." 33. What should be the principles for regulating the Court's power to review? Nothing is stated in the Article itself. In answering this question the learned Chief JusÂtice went on to say as follows: “For my own part, I do not regard the absence of any...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....iple of independence of judiciary being essentially the basic structure of our constitution embedded in the principle of Rule of Law. 3. In the matter of selection of the Judges the opinion of the Chief Justice should be dominant in the area of legal acumen and suitability for the appointÂment a......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
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....6.11.1996 for fresh trial of said G.R. Case No. 1 of 1983 and the Magistrate, Noakhali was directed to send the records of Special Martial Law Case No.24 of 1983 which was in his custody under the Chief Martial Law Administrator's order conveyed under Memo No.6506/20/M.L.-2(A) dated 22.3.1986. T...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......95 in the Court of Subordinate Judge, Noakhali against Bashir Ahmed. Most. Hasna Hena Begum, Nazrul Islam, Mohammadullah alias Madhu, Abdul Matin and Abul Hashem as principal defendants and Deputy Commissioner, Noakhali and Home Secretary, Government of the People's Republic of Bangladesh as pro..Category: Constitutional Law | Date: | Hits: 109
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....Third Proclamation of the 29th November, 1976 read with the proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make the following Regulation:— ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... Judgment March 18, 2008. The Evidence Act, 1872 (I of 1872), Sections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the Hi......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......f section 123 read with section 162 of the Evidence Act. 32. In the case of State of Punjab vs. SS Singh AIR 1961 (SC) 493 the question arose, whether the report of the Public Service Commission and the resolution of the Council of Ministers were privileged documents and those ..Category: Constitutional Law | Date: | Hits: 124
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operaÂtive Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. 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 thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... office of ChairÂman of the Executive Committee of a unit was done away with and the Sub divisional Magistrate was made the ex-Officio Chairman. On 23.2.1985 by OrÂdinance No. IX of 1985 the Deputy Commissioner within whose jurisdiction a Unit was constituted was made the Ex-Officio Chairman of th..Category: Constitutional Law | Date: | Hits: 170
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....n laid down by the House of Lords in the said case and that it was inapplicable to a case coming under the Defence of India Act and the rules fraÂmed there under. One of the questions posed there by Chief Justice Gwyer, who delivered the judgment of the Federal Court, was wheÂther "reasonably susp...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... S. Jayaratne (1951) AC 66; Rameshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Gholam Jilani Vs. Govt. of West Pak., (1967) 19 DLR (SC) 403; Ridge Vs. Baldwin 1964 AC 46; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury..Category: Constitutional Law | Date: | Hits: 408
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....d passage is as under:— "In Reynolds vs Sins the Court was faced with a challenge to the malapportionment of the Alabama state legislature. This time, relying on the equal protection clause, Chief Justice Warren formulated the broad one person, one vote rule: "Legislators represent peo......embly. He also referred to Article 59(1)(d) of the said Pakistan Constitution which provides "four women shall be elected by the members of each Provincial Assembly" and Article 59(2) which provides "Election to fill seats in the Senate allocated to each Province shall be held in accordance with the......xclusion of minority party/parties in the Parliament and PO No. 17 of 1973 provided for the modalities/methoÂdology of conducting election to those seats and Article 3 thereof empowered the Election Commission to divide the country in to thirty Zones and Article 4 thereof provided for the preparati..Category: Constitutional Law | Date: | Hits: 221
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ng has been said about the pending proceedings although constant legislative practice is to make such constitutional proÂvision whenever such circumstances require. Rules framed by the learned Chief Justice are ultra vires because Parliament cannot delegate this legislative power to any auÂ......Abdul Haque vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 Golaknath's case; AIR 1973 (SC) 1461 Keshavananda's case; AIR 1960 (SC) 845; AIR 1967 (SC) 944 Mongal vs. Union of India; AIR 1953 (SC) 210 Election Commissioners vs. Venkata; AIR 1939 (PC) 53 Attorney-General of Alberta vs. Attorney-Genera......ue vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 Golaknath's case; AIR 1973 (SC) 1461 Keshavananda's case; AIR 1960 (SC) 845; AIR 1967 (SC) 944 Mongal vs. Union of India; AIR 1953 (SC) 210 Election Commissioners vs. Venkata; AIR 1939 (PC) 53 Attorney-General of Alberta vs. Attorney-General of Cana..Category: Constitutional Law | Date: | Hits: 1934
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khond......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. ......ate decision given by the reviewing authority. In that view of the matter I do not consider any useful purpose would be served by any discussion on the following cases, namely, Patterson vs. District Commissioner of Accra (1948) AC 341, Franklin vs. Minister of Town and Country Planning (1948) AC 87..Category: Constitutional Law | Date: | Hits: 292
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 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. ......7; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; MuniÂcipal Corp. City of Abmadabad Vs. New S..Category: Constitutional Law | Date: | Hits: 188
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... by this Division in Khandker Ehteshamuddin Ahmed @ Iqbal Vs. The State. Fazle Munim J.—I have had the advanÂtage of going through the order of the Court and the views expressed by the learned Chief Justice and brother Ruhul Islam, J. I agree with the views of the learned Chief Justice. R......ercised in discharging its judicial function. 28. In A.P.H. Conference Shillong W A. Sangma, AIR 1977 SC 2155, the quesÂtion was whether a determination do-recogniÂsing a political party, under Election Symbols (Reservation and Allotment) Order 1968, of the Election Commission could be treated......urt or tribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ik Mohd. Ashraf and attempted murder of Gunner Fateh Mohammad. He was found guilty of both the charges and sentenced to death by Court Martial. The sentence of death was confirmed by the Commander-in-Chief of the Pakistan Army. Other petitioner's case need not be mentioned as a common question of la......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: ......een argued that lack of jurisdiction should be interpreted as broadly as to bring within it the principle of Musk & Co's case, 44 CWN 709, or the case of Anisminic Ltd. Vs. Foreign ComÂpensation Commission, 1959 (1) All ER 208 and on the other extreme, it has been argued on behalf of the State,..Category: Constitutional Law | Date: | Hits: 327
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....s less fortunate fellow beings for a wrong done by the Government or a local authority in not fulfilling its constitutional or statutory obligation. In paragraph 9 of the judgment. His Lordship the Chief Justice observed that in a petition filed under Article 102 of the Constitution the court wi......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..Category: Constitutional Law | Date: | Hits: 150
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... the mere physical fact of the granting of certificate by the High Court should preclude the Supreme Court from examining the propriety of the certificate on which the appeal was based. The learned Chief Justice was of the opinion that this would lead to the absurd conclusion that the jurisdicti......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquitt......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
..... Even the subject of Police administration has been transferred to many of these bodies. As for example, the Police force of a local body work in co‑operation with and under the supervision of the Chief Constable of Police of the Home Ministry. It is in matters which affect the country as a whole......ling Ordinance as it violates the provision of Articles 9, 11, 59 and 60 of our Constitution. 89. In these appeals, the appellants who were elected as Chairmen of Upazila Parishads in the last Election held on March, 1989 have challenged the vires of the Local Government (Upazila Parishad and......ntinued for years. During the period of supersession Government took over functions of a local body and managed them through their officers, such as Sub‑divisional Officers, District Magistrates or Commissioners. Hardly any chance was given for these bodies to grow on a democratic line by "trial a..Category: Constitutional Law | Date: | Hits: 655
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