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201

Criminal Petition 107/2019

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The State Vs. Professor Dr. Morshed Hasan Khan

202

Civil Petition 3832/2017

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Bangabandhu Sheikh Mujib Medical University VS Dr. Zahidul Haq

203

Civil Appeal 30/2015

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Election Commissoin for Bangladesh VS Md. Golam Mostafa and others

204

Criminal Appeal(A) 11/2017

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Mohammad Alauddin

205

Civil Appeal 19/2008

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Mrs. Jahanara Hossain and others VS Surajit Kumar Das and others

206

Civil Appeal 99/2018

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The Public Service Commission VS Ripon Chandra Shil and others

207

Civil Appeal 137/2010

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Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise

208

Civil Appeal 552/2009

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Md. Hafizuddin Vs. Mozaffor Mridha being dead his heirs:

209

Civil Appeal 187/2008

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Bangladesh Railway, Dhaka Vs. Most. Monowara Begum and others

210

Civil Appeal 140/2009

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Secretary, Ministry of Housing and Public Works, Government of Bangladesh, Bangladesh Secretariat, Dhaka

211

Criminal Petition 164/2017

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Monjur Morshed Khan and others Vs. Durnity Daman Commission(Anti Corruption Commission)and another

212

Civil Appeal 140/2013

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Parmalundra Joydhar Vs. Bhagirath Talukder and others

213

Criminal Review Petition 3/2016
(With Criminal Review Petition 4-5/2016)

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Government of Bangladesh and Allama Delwar Hossain Sayedee =Versus= Allama Delwar Hossain Sayedee and The Chief Prosecution (ICT)

214

Civil Appeal 602/2016

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Dr. Khairun Nahar and others vs Professor Dr. Iqbal Arshalan

215

Civil Appeal 6/2017

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Government of Bangladesh and others vs Advocate Asaduzzaman Siddiqui and others

216

Civil Appeal 58/2012

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Mohammad Zafar Iqbal and others: VS Bangladesh, represented by the Secretary of the Ministry of Liberation War Affairs, Bangladesh Secretariat, Ramna, Dhaka and others:

217

Civil Appeal 340/2015

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Bangladesh Bank vs East West Property Developments (Pvt.) Limited and others

218

Criminal Appeal(A) 15/2010

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Ataur Mridha @ Ataur vs The State

219

Civil Appeal 8/2008

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Government of Bangladesh represented by Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka vs Rangamati Food Products Ltd. and others:

220

Civil Appeal 235/2014
(with C.P.Nos.2761-2764 of 2016 with C.P.Nos.2777-2779 of 2016 with 2498,2880,3016,3570,3577)

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Bangladesh Bar Council, represented by its Chairman, Dhaka Vs. A.K.M. Fazlul Kamir and others

221

Civil Appeal 146/2008

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Sohrab Ali Miah and others vs Bangladesh Sugar and Food Industries Corporation and another

222

Civil Appeal 175/2008

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M/S. Gramsico Limited vs Bangladesh Textile Mills Corporation

223

Criminal Review Petition 14/2017

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Mufti Abdul Hannan Munshi alias Abul Kalam and another vs The State

224

Criminal Appeal(A) 81/2016

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Criminal Appeal No. 81 of 2016

Mufti Abdul Hannan Munshi alias Abul Kalam and another vs The State

225

Civil Petition 2274/2016

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The Vice Chancellor, University of Dhaka and others vs A.K.M.Muid and others

226

Civil Appeal 25/2013

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Abdullah Chowdhury and others vs Janata Bank Ltd. and others

227

Civil Petition 2209/2016

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Banichitra Pratisthan Limited and others VS Bilkis Begum and others

228

Civil Appeal 41/2011

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Bangladesh, represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka. vs. Md. Ataur Rahman and others

229

Civil Appeal 53/2004

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Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others vs. Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Malik and others

230

Civil Appeal 36/2011

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Civil Appeal 36/2011

231

Civil Petition 1162/2013

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President, Bangladesh Garments Manufacturers and Exporters Association(BGMEA) Vs. Bangladesh

The BGMEA has constructed a fifteen storied commercial complex on the “BegunBari Khal” and “Hatir jheel lake” which is natural waterbody (cÖvK…wZK Rjvavi) as has been specifically admitted in the schedule to the transfer deed, Annexure-K-2 as well as in the government record and in the Master Plan of the Dhaka City, as Lake/Jolashoy/Doba. As such from the above provision of law, the class or the nature and character of the same cannot be changed nor can be used in any other manner/purpose nor can the same be leased out, rented or transferred by any body. The law further provides that any person changing the nature and character of such “Joladhar” (water body),in violation of section 5 of the said Act of 2000, shall be dealt with in accordance with law as provided in section 8. Since BGMEA has constructed the multi-storied commercial building upon the said waterbody in violation of the law such illegal construction/obstruction must be demolished for which the BGMEA or any other person, notwithstanding anything contained in any other law, cannot claim any compensation as provided in Section8(2) of the Joladhar Ain 2000. ..........................................The petitioner is directed to demolish the building namely, “BGMEA Complex” situated on the waterbody of “Begunbari khal” and “Hatirjheel lake” at once, at its own costs, in default the RAJUK is directed to demolish the same within 90 days from the date of receipt of this judgment and realize the entire demolition costs from the petitioner, BGMEA.

232

Civil Appeal 8/2012

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Civil Appeal 8/2012

233

Civil Appeal 83/2007

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Civil Appeal 83/2007

234

Civil Review Petition 189/2015

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Civil Review Petition 189/2015

235

Contempt Petition(A) 9/2016

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The State Vs. Advocate Md. Qamrul Islam, M.P. Minister, Ministry of Food and another

We are unable to accept the unconditional apology offered by the contemnors taking into consideration that the contemnors are sitting Cabinet Ministers holding constitutional posts. They are oath bound to preserve and protect the Constitution. The impugned statements/comments/remarks made by them apparently show that they made those comments intentionally with the object of maligning and undermining the office of the Chief Justice and the highest Court of the country. Their statements are so derogatory and contemptuous that if they are let off any person will be emboldened to make similar statements/remarks/comments interfering with the administration of justice and also undermining the authority of this Court in the estimation of the people in general. The prayer for unconditional apology is, therefore, refused. The contemnors are found guilty of gross contempt of this Court.

236

Criminal Review Petition 58/2016

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Mir Quasem Ali vs The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh

237

Civil Appeal 147/2004

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Wagachara Tea Estate Ltd vs. Muhammad Abu Taher and others

238

Civil Appeal 81/2014

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Chairman, Rajdhani Unnayan Kartipakkha (RAJUK), Dhaka VS Manzur Ahmed @ Manzoor Ahmed and others

Civil Appeal 81/2014 with Civil Appeal 82/2014, Civil Appeal 83/2014, Civil Review Petition 120/2014 and Criminal Petition 480/2015

239

Criminal Appeal(A) 144/2014

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Mir Quasem Ali v. The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh

240

Criminal Review Petition 42/2016

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Motiur Rahman Nizami vs The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh.

241

Civil Appeal 145/2005

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Md. Idrisur Rahman Government of Bangladesh and others vs Syed Shahidur Rahman and others

CIVIL APPEAL NO.145 OF 2005 WITH CIVIL PETITION FOR LEAVE TO APPEAL NO.405 OF 2005

242

Criminal Appeal(A) 143/2014

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Motiur Rahman Nizami Vs The Government of Bangladesh, represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh

243

Civil Appeal 159/2010

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Government of Bangladesh and others vs.The Board of Intermediate and Secondary Education, Barisal, represented by the Chairman, Barisal and another

(From the Judgment and order dated 05.02.2009 passed by the High Court Division in Writ Petition No.2438 of 2004)
Judgment dated 15/12/2015
Points decided by the Court
1) Any person in the service of Republic or any statutory authority cannot seek judicial review in respect of terms and conditions of service or action taken relating to him as a person to such service including transfer, promotion, and pension rights, except :
a) in matters relating to challenging the vires of the law;
b) infringement of fundamental rights in which case also, there must be sufficient pleadings of such violation keeping in mind that such plea also can be taken in the tribunal because the constitution being the supreme law of the Country, it can be taken in aid by any Court/tribunal
2) The Administrative Tribunal shall be competent to deal with those matters and in appropriate cases of emergency; it can also pass interim order of injunction/stay subject to compliance of certain formalities.
3) The views taken in Mujibur Rahman 44 DLR (AD) 111 have been overruled.
4) If the action of the authority or order complained of in relation to the above matters are found to be coram non judice or without jurisdiction or is found malafide, judicial review is not available and the administrative tribunal can deal with these issues also. On this point, the decisions in Shaheda Khatun V. Administrative Appellate Tribunal, 3 BLC (AD) 155, Ehtesham Uddin V. Bangladesh, 33 DLR(AD) 154, Ismail Hoque V. Bangladesh, 34 DLR(AD) 125, Mostaque Ahmed V. Bangladesh, 34 DLR(AD)222 and Helal Uddin Ahmed V. Bangladesh, 45 DLR(AD)1 have also been overruled.

244

Civil Appeal 163/2009

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Bangladesh, represented by the Secretary, Ministry of land, Bangladesh Secretariat, Dhaka vs. Abdul Hye and others

CIVIL APPEAL NO.163 OF 2009

245

Civil Petition 2532/2014

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Government of Bangladesh and another vs. Md. Abul Kalam Azad and others

CIVIL PETITION FOR LEAVE TO APPEAL NO.2532 of 2014

246

Civil Appeal 364/2002

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Government of the Peoples Republic of Bangladesh and others VS Md. Kazemuddin Miah

From the judgment and order dated 10.6.1999 passed by the High Court Division in Writ Petition No.2702 of 1996

247

Criminal Appeal(A) 39/2013

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Allama Delwar Hossain Sayedee Vs The Government of the People’s Republic of Bangladesh, represented by the Chief prosecutor, International Crimes Tribunal, Dhaka, Bangladesh

248

Contempt Petition(A) 19/2015

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The State v. Mr. Swadesh Roy and another

249

Criminal Appeal(A) 23/2011

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The State vs Dafader Marfoth Ali Shah and others

250

Criminal Review Petition 62/2015

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Ali Ahsan Muhammad Mujahid vs The Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh