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Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....diction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994.......position parties, namely, the Awami League, Jatiya Party and Jamaate Islami want to cure this election malady by way of forming a "Caretaker Government" which the ruling party, namely, the Bangladesh Nationalist Party (BNP) are not conceding to, as such, the opposition members of the Parliament have...... 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. ......dgment December 11, 1994. Result: The writ of quo warranto is allowed. Cases Referred to- Bradlaugh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs. Abdul Huq, PLD 1963 (SC) 486. Lawyers Involved: Asrarul Hossain with Mohammad Ali, Abu Bakar Siddique and Md. Humayun Kabir Bul..Category: Constitutional Law | Date: | Hits: 344
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....Original Jurisdiction) Present: Md. Joynul Abedin J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of t......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; AIR 1968 SC 1196, AIR 1986 SC 391; AIR 1993 SC 2422; Anwar Hos......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... 4 SCC 225; PV Narasimha Rao Vs. State, (1998) 4 SCC 626; Golaknath Vs. State of Punjab, (1967) 2 SCR 762 (918); Supreme Court Advocates-on-Record Association Vs. Union of India, 4 SCC (1993) 441. Lawyers Involved: MI Farooqui, Senior Advocate with M Saleem Ullah (in person) M Mohsen Rashid, R..Category: Constitutional Law | Date: | Hits: 215
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....risdiction) Present: Mohammad Ismailuddin Sarker J Hamidul Haque J Ziauddin Ahmed…………………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka an.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29........92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......es Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin Vs. Government of Bangladesh and others, Writ Petition No. 1073 of 1993 (Unreported). Lawyers Involved: Rokanuddin Mahmud, Advocate ‑ For the Petitioner. Md. Altafur Rahman, Assi..Category: Constitutional Law | Date: | Hits: 238
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ision (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Ataur Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010.&n......ed to as Masdar Hossain's case), the Government has failed to introduce a separate pay scale for the members of the Judicial Service. The initial pay scale of a District Judge being at grade 3 of the National Pay Scale of 2005 is equivalent to that of a Joint-Secretary to the Government. The Additio......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ....... UP University Colleges Pensioners Association, AIR 1994 SC 2311; Anwar Hossain Chowdhury's case, 1989 BLD (Special Issue) 1=41 DLR (AD) 165; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111. Lawyers Involved: Dr. Zahir with Rokan uddin Mahmud, Nihad Kabir, Md. Asaduzzaman, Foyez Ah..Category: Constitutional Law | Date: | Hits: 270
....d in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
....................Respondents
Judgment
July 29, 2009.
Result:
The Rule is made absolute and the respondents are directed to act as per the direction made in the body of the judgment.
Lawyers Involved:
Manzil Murshid Advocate-For the Petitioners.
Razik-al-Jalil, Deputy Attorne..
Category: Constitutional Law | Date: | Hits: 211
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....li J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, President Secretariat, Bangabhaban, P.S.-Motigheel, Dhaka ......্রণোদিত তথ্যপ্রকাশের ইচ্ছা ব্যক্ত করেন।” 20. He submits that even the cases which was pending before the National Co-ordination Committee or before the Anti-corruption Commission or before the Court, on an......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ...... Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice & others, 41 DLR (AD) 165; A.K. Gopalan Vs. State of Madras, AIR 1950 (SC) 27. Lawyers Involved: Mr. Tawfique Nawaz, with Mr. A.F.M. Mesbahuddin, Mr. Adilur Rahman Khan, Mr. Md..Category: Constitutional Law | Date: | Hits: 264
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh...............................................Petitioner (In Civil Petition No.1847 of 20......t petition on 01.08.2000 calling upon the respondents to show cause as to why the agreement dated the 2nd December, 1997(being the Chittagong Hill Tracts Peace Accord) signed by the Convenor of the National Committee on Chittagong Hill Tracts (NCCHT) and the Chairman of The Parbottya Chattragram J......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. ......ner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Ko..Category: Constitutional Law | Date: | Hits: 219
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....ave vacated his seat as a Member of the Eighth Parliament. 2. Mr. Khan Saifur Rahman, the learned Advocate, appeared on behalf of the writ petitioner. The petitioner claims that he is a citizen of Bangladesh and he has filed this writ petition under Article 102(2)(b)(ii) of the Constitution, From...... 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....... 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.......………………………………Petitioner Vs. Md. Abdul Hamid, Advocate and others……………………Respondents Judgment July 24, 2002 Result: The Rule is discharged. Lawyers Involved: Khan Saifur Rahman with Syed Golam Mostafa, Md Ali Khan, Umme Kulsum Rekha and ..Category: Constitutional Law | Date: | Hits: 242
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ....... Haji Md. Rahmat Ullah 2. State……………………………………………………………Opposite Parties Judgment November 29, 1995. Result: The Rule is made absolute. Lawyers Involved: Azizur Rahman Chowdhury with Md. Abdul Mannan, Advocates‑For the Petitioner. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
...............Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh, 41 DLR 56; Kazi Moklesur Rahman Vs. Bangladesh, 26 DLR (SC), 44 (Beru Bari case); State ......red as a service of Pakistan by or under an Act of Parliament or of a provincial Legislature, but does not include service as Governor‑General, President, Governor, Speaker or Deputy Speaker of the National or a Provincial Assembly, Minister of the Federal or Provincial Government, Minister of Sta...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......yana Vs. Haryna Co-operative Transport Ltd., AIR 1977 (SC) 237; SP Gupta Vs. Union of India, AIR 1982 (SC) 149; Bangladesh Sangbad Patra Parishad Vs. The Government of Bangladesh, 43 DLR (AD) 126. Lawyers Involved: Asrarul Hossain with Ajmalul Hossain, B Ahmed, MB Taj Mohammad, Iftekhar Ahmed..Category: Constitutional Law | Date: | Hits: 200
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....rit Petition No. 2944 of 1991) 3. Shamsul Karim (In Writ Petition No. 2945 of 1991) 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co‑oper......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. ......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. ......r 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, AIR SC 1973, 1461 p‑1509. Lawyers Involved: Amirul Islam, Zakir Ahmed, KM Safiuddin Ahmed, AFM Mesbahuddin & Md. Nurul..Category: Constitutional Law | Date: | Hits: 461
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....eported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......ion No.17 of 2011) Munshi Ahasan Kabir and others............................................................The Respondent (In Civil Review Petition No.18 of 2011) Order March 29, 2011. Lawyers Involved: Mahbubey Alam, Attorney General, M. K. Rahman, Addl. Attorney General, Murad Re..Category: Constitutional Law | Date: | Hits: 222
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgme......ntary Committee, hereinafter in this Article referred to the Committee, shall consist of the following eight members, namely:— (i) four members from the Senate; and (ii) four members from the National Assembly. (10) Out of the eight members of the Committee, four shall be from the Treasur......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. ...... Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Azim with Mohammad Abdus Salam, Riaz Uddin and Shakila Farzana, Advoc..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....gh Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1......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. ......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. ......n, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: M.K.Rahman, Additional Attorney General (with Mustafa Zaman Islam, Deputy Attor..Category: Constitutional Law | Date: | Hits: 441
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....thers.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD). Lawyers Involved: Shahid Alam Advocate‑For the Petitioner. Qazi ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......s Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD). Lawyers Involved: Shahid Alam Advocate‑For the Petitioner. Qazi Akhter Hossain, Assistant At..Category: Constitutional Law | Date: | Hits: 174
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....n passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (1) of the Constitution. 3. This is an application u......sted in sports who voluntarily agreed to be an Arbitrator. 5. It may be stated here for removal of confusion that short title of the Bangladesh Sports Council Act, 1974 was subsequently changed to National Sports Control Board Act and thereafter in 1991 by an appropriate amendment the original sh......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involved: Golam Kibria, Advocate ‑ For the Petitioner. Not represented- the Responde..Category: Constitutional Law | Date: | Hits: 165
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: Mohammad Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others .......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. ......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. ......nt July 17, 1990. Cases Referred to- Government of Pakistan and another Vs. Dada Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs. Secretary of State, (1969) 2 ChD 149; (1969) All ER 904. Lawyers Involved: Aminul Huq, with Nizamul Huq, Advocates ‑For the Petitioner. Md. Delwar H..Category: Constitutional Law | Date: | Hits: 288
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....f the Parliament respondents in the petition). 2. Clause (3) of Article 65 of the Constitution as amended by the Constitution (10th Amendment) Act, 1990 (Act No. XXXVIII of 1990) (published in the Bangladesh Gazette on June 23, 1990) reads as follows: "Amendment of Article 65 of the Constituti...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......re Bangla Nagar, Dhaka…………..……………Respondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Involved: Mohammad Mohsen Rashid, Advocate-For the Petitioners. Abdul Wadud Bhuiyan, A..Category: Constitutional Law | Date: | Hits: 164
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....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 and others..............Petitioners (In Civi......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. ......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. ......CC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122; Union of India Vs. Hindustan Development Corporation, AIR 1994 SC 988; Punjab Communications Ltd. V. Union of India, AIR 1999 SC 1801. Lawyers Involved: Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy A..Category: Constitutional Law | Date: | Hits: 247
....vision
(Special Original Jurisdiction)
Present:
Habibur Rahman Khan J
Abdus Samad Azad, MP & others...............................................................Petitioners
Vs.
Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents.
Judgm......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.
......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.
.........................................................Petitioners
Vs.
Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved:
Amir‑ul-Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Chowdhury, Advoca..
Category: Constitutional Law | Date: | Hits: 229
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