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....ip;……………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbour......he Respondent Nos.1-2.
Md. Mohsen Rashid with Tawhidul Islam, Advocates-For the Respondent No. 4.
Writ Petition No. 630 of 2009
Judgment
M Moazzam Husain J.-
(1st Part is at CLC ID No.9364)
201. স্বাধীনতাযুদ্ধে জামাতের ভু......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
...... He again took us through the persuasive decision made Communist Party of Indiana vs. Whitcomb, 414 US 441, 38L Ed 2nd, 94 S Ct 656, wherein the basic issue was-At stake are appellants' First and Fourth Amendment rights to associate with others for common advancement of political beliefs and ide..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....ip;……………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbour......াদনা আনোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e. It is the Judiciary which is entrusted with the task of keeping every organ of the State within the limits of law. Any attempt by the legislature to usurp the judicial function is Ultra-vires. 38. In view of the constitutional provisions, Rules of Procedure of Parliament, factual background o......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....t Represented - Respondent Nos.24. Civil petition for leave to Appeal No.160 of 1991. (From the Judgment and Order dated 30.5.91 passed by the High Court Division, Dhaka in Writ Petition No.383 of 1991). Judgment Mustafa Kamal J.- Bangladesh Sangbadpatra Parishad (BSP'), an a......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......(Conditions of Service) Act, 1974; Sections 9, 10(3) and 11 Whether the petitioner has the right to move the writ petition in a representative capacity- Neither in the Act nor in the Fourth Wage Board Award a right has been created in favour of the petitioner not, an obligation has ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....t the learned Chief Justice was aware about the legal position in the appointment in the post of Secretary, Ministry of Law and therefore in the second opinion the condition has been incorporated. 38. Incidentally it may be put on record that the learned Registrar misinterpretating a resolution o......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....Elahi Panir Vs. Bangladesh, 44 DLR (AD) (1992) 319; BLAST Vs. Bangladesh, 60 DLR (2008), 234; Bangladesh Vs. Abdul Mannan, 29 DLR (SC) 1977; 17 MLR in Blackburn Vs. Attorney-General, [1971] 2 ALL ER 1380; Anwar Hossain Vs. Bangladesh (Constitution 8th Amendment Case), BLD (Special Issue) Vol IX(A) 1......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....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........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...Category: Constitutional Law | Date: | Hits: 238
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....argodha, 11 DLR (SC) 140; Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225; Mumbai Kamgar Sabha, Bombay Vs. Abdul Bhai, AIR 1976 SC 1466; (Blackburn Vs. Attorney-General, [1971] 2 All ER 1380); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs. Federation of Pakistan, P......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. ......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. ......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. ..Category: Constitutional Law | Date: | Hits: 270
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....t the unitary character of the State constitutes the basic structure of the Constitution. The CRT consisting of three districts, namely, Rangamati, Bandarban and Khagrachari covers a total area of 5,138 square miles which is one-tenth of the total territorial area of Bangladesh and is home to a popu......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. ......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. ......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. ..Category: Constitutional Law | Date: | Hits: 219
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
...., 59, 60 and 93 of the Constitution is concerned and last of all, I would like to take up the submissions of both sides so far as the applicability of Article 9 of the Constitution is concerned. 38. Mr. Amirul Islam has submitted that clause (1) of Article 7 of the Constitution provides that ......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. ......yat and Shahar Committee respectively and the strict Council was named as Zila Board and the Municipal Committee was named as Paurashava. Thereafter, several amendments were made. By Constitution (Fourth Amendment) Act, 1975, the Articles 59 and 60 of the Constitution were omitted. Thereafter in..Category: Constitutional Law | Date: | Hits: 461
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....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. ......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. ..Category: Constitutional Law | Date: | Hits: 441
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....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. ......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. ..Category: Constitutional Law | Date: | Hits: 174
....y‑General, with Syed JR Modassir Hossain, Deputy Attorney‑General ‑ For the Respondent No. 1.
AR Yusuf with Akhtar Imam, Advocates ‑For the Respondent Nos. 3, 4 and 5.
Writ Petition No. 383 of 1991.
Judgment
Abdul Jalil J. - This Rule Nisi, at the instance of the Bangladesh Sang......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
...... Federation, Dhaka, to show cause why sections 9, 10(3) and 11 of the Newspaper, Employees (Conditions of Service) Act, 1974 should not be declared unconstitutional and/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 should not be decla..
Category: Constitutional Law | Date: | Hits: 246
....oping at the time was at 33 percent.
6. During the period of Awami League Government not a single Additional Judge was dropped. Even some of them were appointed by the earlier BNP Government.
38. Meanwhile, on 29-7-02 the alliance Government appointed 11 Additional Judges and confirmed ten o......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... process and mode of appointment of Judges are absent. Conspicuously, the requirement of consultation with the Chief Justice before appointment of Judges to the Supreme Court is also absent since the Fourth Amendment of 1975.
92. Under Article 113 of the Constitution, appointments to the staff of..
Category: Constitutional Law | Date: | Hits: 252
....judicial officers and the provision of deputation is contrary to the doctrine of separation of power as contemplated by Article 22 of the Constitution and the spirit of the case of Masder Hossain.
38. In the case of Bangladesh Vs. Md. Idrisur Rahman and others reported in BLT (AD) 231 volume XVII......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.
......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.
..
Category: Constitutional Law | Date: | Hits: 207
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