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Judgment : Appellate Division
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Case Number Parties Short Description
21 Civil Review Petition 189/2015
22 Civil Appeal 83/2007
23 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.
24 Mir Quasem Ali vs The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh Mir Quasem Ali vs The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh
25 Wagachara Tea Estate Ltd vs. Muhammad Abu Taher and others Wagachara Tea Estate Ltd vs. Muhammad Abu Taher and others
26 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
27 Mir Quasem Ali v. The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh
28 Motiur Rahman Nizami vs The Chief Prosecutor, International Crimes Tribunal, Dhaka Bangladesh.
29 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
30 Motiur Rahman Nizami Vs The Government of Bangladesh, represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh
31 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.
32 Government of Bangladesh and another vs. Md. Abul Kalam Azad and others CIVIL PETITION FOR LEAVE TO APPEAL NO.2532 of 2014
33 Bangladesh, represented by the Secretary, Ministry of land, Bangladesh Secretariat, Dhaka vs. Abdul Hye and others CIVIL APPEAL NO.163 OF 2009
34 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
35 Allama Delwar Hossain Sayedee Vs The Government of the People’s Republic of Bangladesh, represented by the Chief prosecutor, International Crimes Tribunal, Dhaka, Bangladesh
36 The State v. Mr. Swadesh Roy and another
37 The State vs Dafader Marfoth Ali Shah and others
38 Ali Ahsan Muhammad Mujahid vs The Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh
39 Salauddin Qader Chowdhury vs The Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh
40 Ali Ahsan Muhammad Mujahid vs The Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh
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