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

....l Jurisdiction) Present: M Reza Chowdhury J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Ku...... and for a declaration that calling and the holding of what has come to be known as “hartal” is unconstitutional and therefore illegal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 hours from 9 February to 1......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitioner. Mahmudul Islam, Attorney-G..

Category: Constitutional Law | Date: | Hits: 216

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

....e is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......3-5-2001 which was duly received by the office of the Commissioner of Settlement and thereafter respondent No. 2 by its office letter dated 3-6-2001 requested the Chief Engineer of the Directorate of National Housing to hand over the possession to the respondent No. 12. The inhabitants are illegally...... 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....... Tellis Vs. Bombay Municipal Corporation, AIR 1986 SC 180=(1985) 3 SCC 454; Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh, 1999 BLD 488=4 BLC 590 and Kalam Vs. Bangladesh, 2001, BLD 446. Lawyers Involved: Sara Kamal with Md. Idrisur Rahman, Pratikar Chakma and Amatul Karim, Advocates..

Category: Constitutional Law | Date: | Hits: 171

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

....er appears that the Ministry of Home Affairs, also made contact with the Tanzanian Embassy regarding repatriation of 2(two) Tanzanian Prisoners. As regards 10(ten) prisoners of Myanmar, Government of Bangladesh has not yet taken any step and, as such, no contact was made with the Embassy of Myanmar ......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.......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.......ul Haque J Nazmun Ara Sultana J Faustina Pereira……………………….Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. Lawyers Involved: Nizamul Haque with Faustina Pereira Advocates- for the Petitioner. M Faruque..

Category: Constitutional Law | Date: | Hits: 123

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2008, 37 CLC (HCD)

....লিখিতবাবে সংযোজন করা হয়:এবং “(C) `District Judge’ means the District Judge appointed by the Government in consultation with the Supreme Court of Bangladesh; (d) `Joint District Judge’ means the Joint District Judge appointed by the Governme......া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ......া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ......া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ..

Category: Constitutional Law | Date: | Hits: 117

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syeda Afsar Jahan J Advocate Md. Salahuddin Dolon…………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule......10. Result: The Rule is disposed of with directions. Cases Referred to- HM Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 19959 SC 625; Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others, (2009) 14 BLC 69......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ...... The Rule is disposed of with directions. Cases Referred to- HM Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 19959 SC 625; Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others, (2009) 14 BLC 694=(2009) 29 BLD..

Category: Constitutional Law | Date: | Hits: 201

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

.... High Court Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred ......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.......w, Justice and Parliamentary Affairs Bangladesh and others 16 BLD (AD)110 ; Mostafa Kamal Moulvi Mohammad Khorshed Vs. Secretary Ministry of Law, Justice and Parliamentary Affairs, 50 DLR (AD) 82. Lawyers Involved: Abdur Razzaq, Advocate-For the Petitioners (In Writ Petition Nos. 24..

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)

....Jurisdiction) Present: Syed Amirul Islam J AKM Shafluddin J SN Goswami, Advocate and another……….Petitioners Vs. Government of the People's Republic of Bangladesh and others…………Respondents Judgment June 3, 2001. Cases Refer...... 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. ...... 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. ......ptiats, (AIR 1982 SC 149; Abrar Hossain (PLD 1976 SC 315);  SP Gupta (AIR 1994 SC 268); AIR 1975 Delhi 66 at page 74 paragraph No. 20; AIR 1976 (SC)1207; PLD 1976 (SC) 315; 1983 2 All FR 344; Lawyers Involved: Akhtar Hamid, Advocate-For the Petitioners. Mahmudul Islam, Attorne..

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)

....vices. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......hority or in an unlawful manner. 2. The petitioners are the Bangladesh Society for the Enforcement of Human Rights (BSEHR), Naripokkho (a women’s voluntary human rights organization); Bangladesh National Women Lawyers Association (BNWLA), a non-profit voluntary organization, Bangladesh Manabadh...... 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. ......hers....................Respondents Judgment March 14, 2000. Cases Referred To- Olga Tellis Vs. Bombay Municipal Corporation AIR 1986 (SC) 180; BLAST Vs. Bangladesh 4 BLC 600. (11). Lawyers Involved: Nazmul Huda with Sigma Huda and SAM Nasimul Hoque, Advocates — For the Petit..

Category: Constitutional Law | Date: | Hits: 264

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

.... Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Latifur Rahman J Khondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998.......eral election held on June 12, 1996 from the national constituency No. 67, Sirajganj—7 and national constituency No. 56, Rajshahi-5 respectively. They were nominated as candidates by the Bangladesh National Party, hereafter called the B.N.P. and both of them were members of the Parliamentary Party......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Commission, PLD 1969 (Lahore) 602; Fazlul Kader Chowdhury Vs. Md. Abdul Hoque PLD 1963(SC) 486; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun..

Category: Constitutional Law | Date: | Hits: 171

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

....998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-pe......embers of Parliament in the general election held on 12 June, 1996 from national constituency No. 67, Sirajganj-7 and national constituency No. 56, Rajshahi-5 respectively as candidates of Bangladesh National Party (BNP) and both of them were members of the parliamentary party of BNP. On being allur......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......999. 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 SC 486. Lawyers Involved: Mahmudul Islam, Attorney General, instructed by B. Hossain, Advocate-on-Rec..

Category: Constitutional Law | Date: | Hits: 138

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

....preme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and o......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. ......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. ...... Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent Judgment January 18, 2010. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by Mrs. Sufia Kh..

Category: Constitutional Law | Date: | Hits: 107

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

.... in: 55 DLR (2003) 363. ......died in the police custody after their arrest under section 54. In 2002, number of custodial deaths is 38. This is absolutely shocking. Even the President of the country, in a speech delivered in 8th National Conference on Human Rights, had to say that torture and inhuman treatment meted out to a pe......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. ......s Referred to-  DK Basu Vs. State of West Bengal, (1997) 1 Supreme Court Cases 416; AIR 1977 SC 610 (1991) 2; Supreme Court Cases 373 AIR 1990 SC 513; Masdar Hossain's case, 7 BLC (AD) 92. Lawyers Involved:  Dr Kamal Hassain with M Amir‑ul Islam, Idrisur Rahman, AM Mannan Khan, ..

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)

....(Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008). Kazi Habibul Awal...........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. ......nt of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh Vs. Md. Idrisur Rahman and others, BLT (AD) 231 volume-XVII; S.P. Gupta and others Vs. President of India and others, AIR 1982 SC 149. Lawyers Involved: M. K. Rahman Additional Attorney General instructed by A.S.M.Khalequzzaman, Adv..

Category: Constitutional Law | Date: | Hits: 207

Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)

.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..

Category: Constitutional Law | Date: | Hits: 228

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

.... Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment Apri...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedin 32 DLR (AD) 110; Eheteshamuddin Iqbal 33 DLR (AD) 154. Lawyers Involved: Korban Ali, Advocate, instructed by Azra Ali, Advocate-on-Record - For th..

Category: Constitutional Law | Date: | Hits: 167

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka ......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......s. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan Ahmed, 1996 BLD (AD) 76. Lawyers Involved: Abdur Rab Choudhury, with Mrs. Syeda Anwara Satter, Advocate-For the Petit..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

.... S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of    Education, Bangladesh Secretariat,......hanuddin, Bhola on 26.10.1981 as a Lecturer of Political Science. The Abdul Jabber College, Borhanuddin, Bhola is a non-Government Decree College ssperforming its function under the control of the National University, the Respondent No.2. One Mr. Md. Asraf Ali was a Principal of the said college......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......epresented by Secretary Ministry of    Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Lawyers Involved: Mostafa Niaz Mohammad, with Ms. Jubaida Gulshan Ara, and Md. Humayun Basha..

Category: Constitutional Law | Date: | Hits: 121

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

....) 2009, 79, VII ADC (2010) 721. ......of the legal profession (appointed by the President upon nomination by their constituencies-two advocates, two attorneys and one legal academic) · The Minister of Justice · Six members of the National Assembly (‘designated by’ the National Assembly, three of whom must be members of the o......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. ......V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (1981) 123 DLR (3rd)1; Hefzur Rahman Vs. Shamsun Rahar Begum 51 DLR(AD)172. Lawyers Involved: Mahbubey Alam, Attorney General with Enayetur Rahim, Additional Attorney Genera..

Category: Constitutional Law | Date: | Hits: 251

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

....iamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdr......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: ......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

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....esent: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Ref......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......D) 89; State Vs. M. M. Rahmatullah; Satwant Singh vs. D. Ramarathnam, Assistant Passport Officer, New Delhi and others, AIR (1967) (SC) 1836; Province of Sind v. Public at Large PLD 1988 (SC) 138. Lawyers Involved: Barrister Rafique-Ul-Huq, Senior Advocate (Khandker Mahbub Hossain, Senior Advo..

Category: Constitutional Law | Date: | Hits: 208