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Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......e such officer or authority an opportunity to show cause why the appeal should not be entertained. (2)The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such persons as are not officers of the University or members of any au..Category: Constitutional Law | Date: | Hits: 169
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....he meantime filed two Criminal cases, Ramna PS. Case Nos. 53(2) 91 and 89(2)91 on 11.2.91 and 19.2.91 respectively and he was shown arrested in DAB GR Case Nos. 13/91 and 15/91 of the Court of the Chief Metropolitan Magistrate, Dhaka 3. In Ramna PS Case 89(2) 91 DAB GR Case No. 15/91 the......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....l and the convict cannot be kept in custody for undergoing imprisonment". 7. Before we consider the contentions of the respective parties let us refer to some relevant provisions of the Chief Martial Law Administrator's Proclamation dated 7th April, 1979. By that Proclamation the Mart......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......ach of section 162 of the Code of Criminal Procedure did not, in the circumstances of that case, prejudice & accused and hence the conviction could not be quashed. In Seth Banarsi Das vs. Cane Commissioner, 1963 Supp. (2) SCR 760 (779) it was held that for non‑compliance of a directory..Category: Constitutional Law | Date: | Hits: 365
Special Reference No. 1 of 1995, 24 CLC (AD)
....nce shall be served upon such parties as may be named in the order. 4. In the afternoon of the 4th July, 1995 the reference was received with a forwarding letter addressed to the Secretary of the Chief Justice and signed by the Secretary, Ministry of Law, Justice and Parliamentary Affairs with a......…………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation of Lands and Buildings AIR 1943 FC 13: In Presidential Election 1974, AIR 1974 (SC) 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 19...... not return to Parliament; I. And Whereas the opposition members while so acting, by‑election to Magura constituency was held and the opposition parties made certain allegations to the Election Commission and the Election Commission after causing enquiry and having found the allegations not tr..Category: Constitutional Law | Date: | Hits: 248
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. The detenu, ho...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ot;3. To determine their suitability for retention in service up to the age limits specified in para 2 above, cases of all officers will be reviewed under orders of the Commander‑in‑Chief before completion of the following commissioned service on the Effective List: Maj......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......chers the matter went to the Ministry of Establishment which by its Memo dated 8.8.1985 recommended necessary change/amendment of the Rules of 1981 and the matter was referred to the Public Service Commission (PSC) for its opinion. The Commission after consideration of the whole issue agreed with..Category: Constitutional Law | Date: | Hits: 174
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....on.—In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Minister......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......re-F Mr. Ahmed submits that under the first part of Regulation No. 11 of the Regulations, 1977 the Board has the power to dissolve a Governing Body on the specific recommendation of the Divisional Commissioner which is lacking in this case, but under the second part of Regulation No. 11 the Boar..Category: Constitutional Law | Date: | Hits: 155
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....t petition. 4. A Division Bench consisting of Md. Abdul Jalil and Qazi Shafiuddin JJ, upon hearing the matter delivered a split judgment on 20-3-91 whereupon the learned Chief Justice referred the matter to a third Judge, Anwarul Hoque Chowdhury J, who having agreed w......awful authority considering the situation prevailing at the relevant time. It is also denied by the respondents that the detenu was not given opportunity to participate in the election. Rather, the Election Commission permitted the detenu to contest the election and accordingly, he contested and ......who were connected with the previous Government but there was no ground to prosecute the detenu who performed his responsibilities of office sincerely. The Government has now constituted an Enquiry Commission headed by a Judge of the High Court Division to investigate into the charges, if any, a..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....aled the locks and took away the jeep and that they evicted the family living in the said house and that against such acts the petitioner on 19-5-92 filed a petition unsuccessfully in the Court of Chief Metropolitan Magistrate praying for unlocking the house but no order of search warrant and se...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....dministers justice without fear or favour the judiciary judges the administrative service administers administrative law. They are not policy framers and policy-executors. Relying “upon the case of Chief Justice of Andhra Pradesh vs. LVA Dikshitulu, A1R 1979 SC 193, he submits that the word “app......itution, persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.” Article 118(4) of the Constitution says: (4) The Election Commission shall be independent in the exercise of its functions and subject only to th...... provisions which is a constitutional mandate. Nomenclature of the judicial service shall be designated as the Judicial Service of Bangladesh or Bangladesh Judicial Service and a Judicial Service Commission constituted for recruitment in that sevice……..76(4) Article 116, 116A and 133. ..Category: Constitutional Law | Date: | Hits: 829
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....ave been passed without lawful authority and. thus be of no legal effect. There will be no order as to cost. Latifur Rahman J.- I have had the opportunity of perusing the judgement of my Lord, The Chief Justice. I regret my inability to agree with the same. 25. The primary question that ultima......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....e river Jamuna. The FAP-20 was framed under the authority of respondent No. 1, the Ministry of Irrigation, Water Development and Flood Control; and was subsequently entrusted to respondent No. 2, the Chief Engineer of the FPCO, on behalf of respondent No. 1, although respondent No. 3 the Bangladesh ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......1) BCR (AD) 81; RS Secretary of State for the Environment, ex parte Rose Theatre Trust Co (QBD) [990] 1 All ER 754 and Muntizma Committee vs. Director Kaichi Ahadj Sindh, PLD 1992 (Karachi) 54; R vs. Commissioner of Police, ex parte Blackburn, (1968) 2 QB 118; Blackburn vs. Attorney General (1971) 1..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....Committee promoted his juniors to the post of Joint Secretary. The Division Bench did not issue any Rule Nisi on Writ Petition No. 813 of 1993 but referred all the three writ petitions to the learned Chief Justice for constitution of a Special Bench because the vires of some Rules, Regulations and v......nd exclusionary powers and jurisdictions have been created. See for example Articles 116 and 117 and the difference between the functions of a pubic service commission in Article 140 and those of the Election Commission in Article 119(1), which is as follows- “The superintendence, direction and......oined the service of the Republic as a Class-I Officer on 22-10-73. After being absorbed in the BCS (Administration) Cadre by Notification dated 4-12-82, he was at the material time Additional Deputy Commissioner (Revenue), Mymensingh. In the list of seniority he was senior to 127 Officers named in ..Category: Constitutional Law | Date: | Hits: 185
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