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The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....amounts to interference with thereof. Criticism of Judges of the highest Court in respect of acts done in their administrative capacity, which contain improper imputation, amounts to contempt. If the Chief Justice is criticized for acts done in his administrative capacity this also amounts to contem......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: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....sion (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Orascom Telecom Bangladesh Limited..........Petitioner (In CP No. 327/11) Chief Executive Officer, Grameen Phone Limited............Petitioner (In CP No. 342/11) Vs. ......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 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. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
....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
......CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Durnity Daman Commission, represented by its Chairman, Dhaka….....Petitioner
Vs.
M Sahabuddin Ahm..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....har AIR 1970 SC 1896 where it was raised that though the orders purported to have been made by the Cane Commissioner, were in fact not so; the Cane Commissioner merely acted as the mouth-piece of the Chief Minister: in truth he had abdicated his, statutory functions and therefore the orders are bad.......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 ......; Vice Chairman, Export Promotion Bureau Government of Bangladesh Vs. Acqua Foods Limited 50 DLR (AD) 113; Authorised Officer DIT, Dacca Vs. AW Mallik 20 DLR (SC) 229; Purtabpur Company Ltd. Vs. Cane Commissioner, Bihar AIR 1970 SC, 189; Chandrika Vs. State of Bihar AIR 1984 SC 322; Anirudhsinhji Ja..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....s, or to hold regular trial or examination -No other proof is necessary when it is a case of direct contempt.", as has been held by his lordship Mr. Justice Muhammad Asfzal Zullah, the Chief Justice of Pakistan (as his lordship then was) in Re: Contempt of court proceedings against Ge......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
...... issues, or to hold regular trial or examination—No other proof is necessary when it is a case of direct contempt."….. (25)
Apology—there should be an admission as to the Commission of Contempt—
In contempt cases courts have never accepted the apology of a per..
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)
....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. ......rvice of the Republic, but does not include any person who (i) is a member of any defence service, (ii) is a teacher or employee of any University. (iii) is employed in or under a Commission, Committee or board set up for a temporary period for specified purposes, (iv) is a ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
.... but since then he has not taken delivery of his original certificate or marks sheet. The reporter then went on to describe how 19 lawyers had been appointed by passing the recommendation of the Chief Justice where political affiliation was given precedence according to the Supreme Court Bar As......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. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......3-8-2013 the petitioners have filed the writ petition and obtained the instant Rule Nisi.
7. On receipt of the copy of the Rule Nisi the respondent No. 5, the Chairman, Bangladesh Public Service Commission, Dhaka has filed an affidavit-in-opposition stating that the Ministry of Education did no..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
....ny Acts of the Parliament as ultra vires. This Court has every authority to review every decision of the State under its authority of 'judicial review'. It began with the fourth Supreme Court Chief justice of the United States of America, (1803) John Marshall, who created a legacy that has e......t respect to his lordships view, I would like to pass my own opinion as hereunder.
286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for con...... to his lordships view, I would like to pass my own opinion as hereunder.
286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for constitution..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
...... not be declared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder:
The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free......eclared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder:
The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free, fair an..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
.... 2001 and writ-petitioner Nos.81-85 were appointed on 6th July, 2005 in the said third project. Thereafter, the Ministry of LGRD by its office order dated June 3, 2002 requested writ-respondent No.6, Chief Executive Officer, DCC (Dhaka City Corporation) to continue the activities of the said third p......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ervice in Urban Areas Project" for December, 2008. Accordingly, DCC paid Taka 12 lacs for distribution amongst 300 employees on 29th September, 2008. Lastly, at its fourteenth General Meeting of Commissioners, DCC decided to send a request letter for transferring the said project in the re..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......cation of the gazette showing the respondent No.3 as elected Mayor any allegation in connection with the election of that Pourashava can only be maintained by way of election petition before the Election Tribunal constituted under Section 24 of the Act 52 of 2009 and not by any other means, the...... authority of the concerned election raising the self same allegation of non declaration of his assets properly in the affidavit submitted with the nominatiqn. The said appeal was heard by the Deputy Commissioner as appellate authority and after hearing the said appeal was rejected on 6-1-2011 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....ly consists of the right of locomotion to go where and when one pleases only so far restrained as the rights of others may make it necessary for the welfare of all other citizens". 20. Chief Justice Fuller in RA Williams Vs. Edgar Fears & Anr 45 L Ed 186 says:— "Un......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......t the plaintiff-petitioner lived in India from 1953 to 1972 and obtained his educational qualifications there from. The plaintiff-petitioner suppressing the aforesaid facts appeared in Public Service Commission Examination in the year 1976 and after passing the Examination he was appointed as a Muns..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....8.06.2012 that a certain Hon'ble Judge of the High Court Division has violated Article 78(1) of the Constitution and what reasonable action may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary action in consideration of the matter is without lawful authority and of......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
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....developed remedies including the award of damages, not only against individuals guilty of infringement, but also against the State itself. In the case of State Vs. Ryan (1965) IR 70 (122) the learned Chief Justice observed: "It was not the intention of the Constitution in guaranteeing the ...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......fruit of a historic struggle for national liberation achieved with the lives and sacrifices of millions of people starting from the Language Movement of 1952, Movement Against the Education Commission's Report, 1962, Six-Points Movement of 1966 led by Bangabandhu, Eleven Points Movemen..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....etition does not deserve any Rule. 14. Accordingly, the Writ Petition is rejected summarily. Order of the Court Let this matter be placed before the hon'ble Chief Justice for necessary order. Farid Ahmed J Sheikh Hassan Arif J Dat......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s totally unreasonable and unjustified and is hence, without lawful authority. 7. On 24.01.2011 Mr. Justice Mohammad Mashuque Hosain Ahmed submitted his overseas medical bill to the Hon’ble Chief Justice of Bangladesh requesting the latter to take necessary steps to procure sanction for t...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......stitution (Thirteenth Amendment) Act, 1996. 12. Under Article 58D (2) of the said Act, the main function of the Non-Party Care-taker Government was to give all possible aid and assistance to the Election Commission that may be required for holding the general election of members of Parliament. ......egal effect and ultra vires the Constitution. The Court further declared that all acts done or deeds or exonerations made or proceedings taken under the said Ordinance by the Truth and Accountability Commission was made without lawful authority and is no legal effect. 3. Initially, the Governme..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ...... MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Bajya Vs. Smt Gopikabai, AIR 1978 (SC) 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 DLR (AD) 81; Dalutpur Jute Mills Ltd V..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
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