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....n grievance of the petitioner is supersession of the senior judges. Here lies the fallacy. It is not a case of supersession. Question of supersession can only arise in a case of promotion to a higher post. In the present case we are not concerned with the promotion of the judges of the High Court Di......he principles of separation of power and the independence of judiciary and the aforesaid supersession has disturbed this balance and this has caused extreme pain, injury and injustice not only to the members of the judiciary but to the entire community. It is further stated that there was no allegat...... 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.
......s. Bangladesh, 44 DLR 192 Para 66; Dr Mohiuddin Farooque Vs. Bangladesh and others, 17 BLD (AD) 1997 at page 3-4, Para 6; Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (SC) 44; Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 1992 BLD (AD) 153 = 43 DLR (AD) 112; Bangladesh Sangbadpatra Parishad..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......hair Morselin, claiming himself as the President of the Gaibandha District Chamber of Commerce & Industry, has filed the Case. His allegation, inter alia, and, in short, is that he was although a member of that Chamber and his name along with five others (five others are not petitioners) were in......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....nt for life as stated above. 6. The learned Advocates for the convict appellant have taken us through the first information report, confessional statement of the convict appellant, inquest report, post-mortem report, evidence and the impugned judgment and submits that the impugned conviction and ......ation from his Bhasti Jamai Shahjahan after Asar prayer on 30-8-1991 that the convict appellant killed his deceased daughter and went to the house of the convict appellant along with his other family members and saw his deceased daughter lying dead inside the south facing north viti hut of the convi......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....eld illegally wherein the present respondent No. 2 was not present and accordingly, the meeting was adjourned to 28-4-99. Wherein some resolutions were passed removing the respondents 2, 3 and 4 from post of Managing Director, Director Company Secretary and Director of the company respectively and i...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......n & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong and others 41 DLR 262; Brig Khawaja Muhammad Aslam K...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....y General. We have also considered the facts and circumstances of the Case. Considering the question of greater interest of the country and in order to protect the prestige and dignity of the highest post of the executive i.e. the post of Prime Minister and in order to avoid all probable and possibl...... President, Bangladesh Supreme Court Bar Association. The second application has been filed by Mr Rafique-ul Huq and 338 Advocates of Bangladesh Supreme Court. Third application has been filed by 110 members of Bangladesh Jatiya Sangsad through Mr. Moudud Ahmed. 2. In all the applications com...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....ur Bangladeshi citizens namely, Shamsuddin, Shamol, Shamim and Motiul Alam came from India with some goods under Baggage Rules and they after completing immigration checking from immigration checking post produced the goods to the Customs House, Jessore for assessing Customs Duty, VAT and other taxe......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh and member of Balagonj Juba Dal Committee. The petitioner is a Member of Education Trust of Balagonj and......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....d plots (made out of said two plots) in the name of their company Janata Publishing Ltd (whose directors are the accused 3-7) from the two accused-allottee who are accused Nos.10 and 17 and another imposter accused since acquitted. All those were done within a period of two months and thereby causin...... filed Title Suit No.76 of 1987 in the 2nd Court of Subordinate Judge, Dhaka, against holding of the said auction in the name of alleged ‘Kawran Bazar Byabsyee Bahumukhi Samabaya Samity’ of sixty members as the plaintiff. Some of these persons purchased separately a little area of lands within K......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
.... Articles of the company and the proposed amendments were incorporated in that letter, Annexure-C. 14. By letter dated 14-1-98 the respondent No.2 proposed to the BSRS that the will accept the post of Chairman and Mr Manjoor Ahmed Chowdhury would assume the post of Managing Direct The Chairma......he Managing Director in violation of the Rules of the company i.e. the Articles of Association, is oppressive and prejudicial to the interest of the minority share holder the petitioner and the other members within the company. As regards mismanagement and unfair management various allegations have ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......nexures ‘A’ i.e. the report of the said UNO conference on human settlements wherein recommendation was made to provide shelter, infrastructures and services to less advantaged. Bangladesh being a member participant in the said conference is required to go by the said sentiment displayed therein......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ouver on May 31, June 14, 1976 recommendation was made to provide shelter, infrastructures and services to less advantaged (Annexure-A) and that in the meeting of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwe..Category: Property Law | Date: | Hits: 60
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....is such power by the order dated 11-10-1999, passed by the Establishment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brief, is that e was posted at Thalakati as a Magistrate, First lass, Jhalakati Kha’ area and while he was conducting h......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ...... lenient view of the conduct of the offender. But his observation with regard to the conduct of dozing in a Court-room is too lax and indulgent. Besides, the status of the offender as Chairman of the Union Parishad appears to weigh with him. But the status of an offender is irrelevant in deciding th......nt view of the conduct of the offender. But his observation with regard to the conduct of dozing in a Court-room is too lax and indulgent. Besides, the status of the offender as Chairman of the Union Parishad appears to weigh with him. But the status of an offender is irrelevant in deciding the Case..Category: Criminal Law | Date: | Hits: 29
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......ite Parties Judgment November 18, 1999. Cases Referred To- Guinness Peat (Trading) Ltd, 1992 BLD (AD) 247, 44 DLR (AD) 242; Burmah Eastern Ltd Vs. Burmah Eastern Employees Union, DLR 709. Lawyers Involved: Alhaj Md. Nurul Huq with Chowdhury Taser Ahmad, Muh...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
.... the press reports at any stage.
6. Mrs. Sigma Huda, the learned Counsel appearing for the petitioners, having taken us through the Annexures submitted that although Article 11 of the Constitution postulates that respect at dignity and worth of the human person shall be guaranteed but the right t......he so-called rehabilitation Programme was conducted leaves much scope for suspicion that there is more to it than a mere rehabilitation. As they were even deprived of their right to meet their family members but most of them received torture both physically and mentally. The report has further state......
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.
..
Category: Constitutional Law | Date: | Hits: 264
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....ing, inter alia, that there was a regular business transaction between the accused-petitioner and the complainant. On 22nd November, 2005 and 23rd November, 2005, the accused petitioner paid 3(three) post dated cheques to the complainant amounting to Tk.13, 81,700/-. The cheques were deposited with ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..Category: Criminal Law | Date: | Hits: 34
Azam Reza Vs. State, 2010, 39 CLC (AD)
....umar Das was entrusted with the investigation of the same, who went to the house of the accused and made inquest of the dead body of the deceased at 4-05 P.M. and sent the dead body to the morgue for post mortem examination for ascertaining the cause of death. He seized one orna, a revolving char an......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....sion in Writ Petition No.7252 of 2006 making the Rule absolute. 2. The writ-petitioner No.1 is the principal of the Islamia Nesaria Senior (Alim) Madrasha and he was initially appointed in the post of Assistant Moulana and accordingly joined in the Madrasha on 08.09. 88 and the petitioner No.......e, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ..Category: Civil Law | Date: | Hits: 84
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
..
Category: Election Law | Date: | Hits: 116
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
...... Pakistan and the original allottee, namely, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possesÂsion Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt the......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
..
Category: Property Law | Date: | Hits: 21
....ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......tribunal was re-constituted with M. Habibur Rahman, J (Chairman), Dr. M. Zahir and M. Amir-Ul Islam. The arbitration tribunal after being reconstituted decided to hear the matter afresh as two of its members being subsequently appointed, they were not aware of the contents of the earlier proceedings......ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....to the Speaker, his job is make a reference to the Election Commission. What is important to member is that the Speaker has not power to adjudicate upon the matter in dispute. He is only to act as a 'post office'. The learned Attorney General repeatedly tried to impress that a strict interpretation ......The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates to the construction of several Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Delwar Hossain and P......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. The Speaker, 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 18......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. ..Category: Constitutional Law | Date: | Hits: 171
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