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Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....ip;…………Respondent Judgment August 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......d at a too low price to their disadvantage…..(44) Case Referred to- SM Rabia Khatun Vs. Ramkali Mahajan 2 DLR 385; Probodh Chandra Vs. Jatindra Mohan, AIR 1940 Calcutta 177 Lawyers Involved: Qumrul Haque Siddique with Maqsudun Nabi, Advocates—For the P..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....rrogate to itself the role of official liquidator of the Constitution. Our Constitution is a controlled Constitution par excellence.All institutions, including the Parliament and the Supreme Court of Bangladesh are merely creatures of the Constitution and none of them is its master. The Constitution......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......tion of justice suffers from the intractable complexity of modern society, which should be known to all who are involved in the justice delivery system……………(7) Lawyers Involved: Mahbubey Alam, Attorney General-For the Petitioner Salahuddin Dolan, Adv..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

.... Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent Judgment June 28, 2015 Resu......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......lip;..Respondent Judgment June 28, 2015 Result: The Rule is made absolute. Case Referred to- Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260 Lawyers Involved: Khurshid Alam Khan with Shahanara Begum and Md. Aziz Taufique,..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....) (2015) 292.   ...... 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgment May 11, 2015. Result: The petitions are disposed of. Use of the National Anthem and Protection, Preservation and Maintenance the sanctity of The National Anthem&mda......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d on the occasions specified in the Rules. The restrictions so imposed have been done for protection and preservation and upholding the sanctity of the national anthem............ (17 & 18)) Lawyers Involved: Asaduzzaman, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....terials are forth­coming on record that he posed any threat to the security of the public peace by abusing his gun……………….(27) Case Referred to- Bangladesh Vs. Md. Azharul Islam, 13 BLT (AD) 166; Sk. Ali Ahmed Vs. Secretary Ministry of Home Affa......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......sociated Provincial Picture Vs. Wednesbury Corporation [1943]1 KB 223; Vide AIR 1956 Calcutta 96, AIR 1954 Rajasthan 264; Reza-ul-Karim (Md.) Vs. Secretary, Ministry of Home Affairs, 44 DLR 110. Lawyers Involved: Md. Eunus Ali Akond with Golam Mostofa Lasker, Advocates—For the Petiti..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ......t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ......t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ...... Dhaka….....Petitioner Vs. M Sahabuddin Ahmed and others .......................Respondents Judgment February 19, 2015. Result: This petition is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Rec..

Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

.... DLR (HCD) (2015) 73   ......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Nazrul Islam Talukder J Singer Bangladesh Ltd and 21 another ........Petitioner Vs. National Board of Bangladesh.............. Respondents Judgment December 15, 2014. Re......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......; Commissioner of Police, Bombay Vs. Gordhandas Bhanji AIR 1952 SC 16; State of Punjab Vs. Hari Kishan Sharna, AIR 1966 SC 1081; Manseeklal Vithalas Chaohan Vs. State of Gujrat AIR 1997 SC 3400. Lawyers Involved: Moudud Ahmed, Hasan Ariff Senior Advocates with Ahsanul Karim, Khairul Alam C..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....t, in short, is that his son Md Humayun Kabir Gazi in 2003, obtained investment facility of Taka 1, 00,000 for business purposes for his business enterprise M/s Sabbir Gazi Furniture from Islami Bank Bangladesh Limited, Chandpur branch as per sanction advice issued by the defendant No.1 (Manager Isl......oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ......oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ......hy;gaged property as attorney of the plaintiff under the power of attorney...........(34-35) Case Referred to- Banesa Bibi Vs. Senior Vice President 8 LG (2011) AD 55 = 63 DLR (AD) 160 Lawyers Involved: Subrata Chowdhury with Reshma Sultana, Advocates—For the Appellants. ..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8

Mostafa Kamal Sazu and oth¬ers Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others, 2014, 43 CLC (HCD)

....Jurisdiction) Present: Md. Ashfaqul Islam J Md. Nazrul Islam Talukder J Mostafa Kamal Sazu and oth­ers................Petitioners Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others....... Respondents Judgment December 8, 2014 Resu......s from the date of receipt of this judgment. Let a copy of this judgment be forwarded to the concerned respondents at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 251 ......s from the date of receipt of this judgment. Let a copy of this judgment be forwarded to the concerned respondents at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 251 ......ment of Bangladesh and others, Writ Petition No. 5294 of 2011;R.Vs. Metropolitan Police Commissioner (1968) 2 All ER-139; Associated Provincial Picture Vs. Wednesbury Corporation [1948] 1KB 223. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Shakur Ben Shahid, Advocate—For t..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....Judgment December 4, 2014. Result: The Rule issued in Contempt Petition No. 2 of 2014 is made absolute-in-part. The Suo moto Rule No. 2 of 2014 is discharged. Constitution of Bangladesh, 1972 Article 108 Court–Contempt of Court—Ensuring effectiveness and wor......her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ......her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ......ate, 37 DLR 200; KM A Awal Vs. State, 16 DLR (SC) 429; Vineet Kumar Mathur Vs. India: 7 SCC 714; Elders Ltd. Vs. SC Chowdhury, 54 DLR 226 & Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237. Lawyers Involved: Aneek R. Huq, Advocate—For the Petitioner. Rais Uddin Ahmed, Advoc..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

.... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J   Md. Abdul Wahhab Miah J  Hasan Foez Siddique J    Government of Bangladesh and others………..Appellants (In all the appeals) Vs. Md. Moj......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177.       ......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177.       ......52 DLR (AD) 120 and AFM Mustafizur Rahman, Director General, Bangladesh Railway Vs. Monoharan Mazumder, 9 MLR (AD) 251 = 9 BLC (AD) 207 Habibullah Khan Vs. Shah Azharuddin Ahmed; 35 DLR (AD) 72. Lawyers Involved: Mahbubey Alam, learned Attorney General with Sarder Md. Rushed ]ahangir, lear..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

Secretary, Ministry of Finance, Internal Resources Division and others Vs. Sherajul Islam, 2014, 43 CLC (AD)

....High court Division exercised writ jurisdiction without considering this aspect of the case at all and on this score alone the writ petition was not maintainable......(15) Case Referred to- Bangladesh Vs. Mizanur Rahman, 52 DLR 149. Lawyers Involved: GM Moniruzzaman, Deputy Attor......sp;            Ed. This Case is also Reported in: 20 BLC (AD) (2015) 64.           ......sp;            Ed. This Case is also Reported in: 20 BLC (AD) (2015) 64.           ......without considering this aspect of the case at all and on this score alone the writ petition was not maintainable......(15) Case Referred to- Bangladesh Vs. Mizanur Rahman, 52 DLR 149. Lawyers Involved: GM Moniruzzaman, Deputy Attorney-General, instructed by Sufia Khatun, Advocat..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....etary, Ministry of Local Government and others.................Respondents Judgment    March 13, 2014.   Result: The Rule is made absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping of......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ......interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15) Lawyers Involved: Zahirul Alam Babar, Advocate—For the Petitioner. Writ Petition No...

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....াল” [Annexure A and B to the contempt petition]. The judge concerned, Justice Faisal Mahmud Faizee, was appointed as an Additional Judge of the High Court Division of the Supreme Court of Bangladesh on 23-8-2004. His father, Muhammad Faiz, an Advocate of the Appellate Division of the Sup......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......kanta Mishra Vs. Registrar of Orissa High Court, AIR SC 1974 SC710; Andre Paul Terence Ambard Vs. The Attorney General of Trinidad and Tobago, AIR 1936 PC 141 and Queen Vs. Gray, (1900) 2 QB 36. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, Sara Hossain, Advocate with him instructe..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents Judgment......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......on and others........Respondents Judgment            March 9, 2014.     Result: The Rule is disposed of. Lawyers Involved: Abdul Wadud Bhuiyah, Senior Advocate with Syed Mokaddas Ali, Advocate—F..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

.... Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners Vs. Bangladesh Jamaat-e-Islami and others…………………&hellip......ntage or number necessary for reaching towards the 'critical mass'. Consequently the Government pursuant to its obligation under the Constitution and international instruments caused the 'National Development Women's Policy, 2008', which identifies the target of reaching at least......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.        ......51 DLR AD 1999; Marbury Vs. Madison in 1803 Anwar Hossain Chowdhury  Vs. Bangladesh, BLD 1989, spl. Issue= 41 DLR (AD) 44; M. Shamsul Haque and others Vs. Bangladesh and others, 15 BLC 236. Lawyers Involved: Tania Amir with Sheikh Rqflqul Islam, Advocates—For the Petitioners. ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....l Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners Vs. Bangladesh Jamaat-e-Islami and others…………………&hellip...... ever since. 12. After the election was held, Mr. Razzaque submits, the Commission sat on a meeting on the issue, found constitutions of at least thirteen political parties, including Bangladesh Nationalist Party (BNP), Workers Party, Jatio Samajtantric Dal (JSD) National Awami Party (NAP), Jat......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......51 DLR AD 1999; Marbury Vs. Madison in 1803 Anwar Hossain Chowdhury  Vs. Bangladesh, BLD 1989, spl. Issue= 41 DLR (AD) 44; M. Shamsul Haque and others Vs. Bangladesh and others, 15 BLC 236. Lawyers Involved: Tania Amir with Sheikh Rqflqul Islam, Advocates—For the Petitioners. ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

.... (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents Judgment ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ...... Cases Referred to- Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahmed Vs. Bangladesh, 65 DLR 277; BTMC Vs. Nasiruddin Chowdhury, 5 BLC (AD) 144. Lawyers Involved: Md.  Oziullah, Advocate- For the Petitioner Sarwar Ahmed, Advocate-..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)

.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ......site Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers Involved: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.6..

Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....eported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ngladesh & others.............Respondents Judgment April 15, 2013.             Result: The Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Beg..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3