Home : Supreme Court of Bangladesh

251

Civil Appeal 19/2008

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Uploaded on : 20-MAY-19
From : COURT NO. 1

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

252

Civil Appeal 30/2015

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Uploaded on : 20-MAY-19
From : COURT NO. 1

Election Commissoin for Bangladesh VS Md. Golam Mostafa and others

253

Civil Appeal 99/2018

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Uploaded on : 20-MAY-19
From : COURT NO. 1

The Public Service Commission VS Ripon Chandra Shil and others

254

Civil Petition 3832/2017

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Uploaded on : 20-MAY-19
From : COURT NO. 1

Bangabandhu Sheikh Mujib Medical University VS Dr. Zahidul Haq

255

Criminal Appeal(A) 11/2017

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Uploaded on : 20-MAY-19
From : COURT NO. 1

Mohammad Alauddin

256

Civil Appeal 552/2009

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Uploaded on : 16-JUL-18
From : COURT NO. 1

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

257

Civil Appeal 140/2009

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Uploaded on : 16-JUL-18
From : COURT NO. 1

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

258

Criminal Petition 164/2017

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Uploaded on : 16-JUL-18
From : COURT NO. 1

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

259

Civil Appeal 140/2013

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Uploaded on : 16-JUL-18
From : COURT NO. 1

Parmalundra Joydhar Vs. Bhagirath Talukder and others

260

Civil Appeal 137/2010

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Uploaded on : 16-JUL-18
From : COURT NO. 1

Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise

261

Civil Appeal 187/2008

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Uploaded on : 16-JUL-18
From : COURT NO. 1

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

262

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

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Uploaded on : 13-SEP-17
From : COURT NO. 1

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

263

Civil Appeal 602/2016

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Uploaded on : 10-AUG-17
From : COURT NO. 1

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

264

Civil Appeal 6/2017

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Uploaded on : 01-AUG-17
From : COURT NO. 1

Government of Bangladesh and others vs Advocate Asaduzzaman Siddiqui and others

265

Civil Appeal 58/2012

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Uploaded on : 21-MAY-17
From : COURT NO. 1

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

266

Civil Appeal 340/2015

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Uploaded on : 15-MAY-17
From : COURT NO. 1

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

267

Criminal Appeal(A) 15/2010

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Uploaded on : 24-APR-17
From : COURT NO. 1

Ataur Mridha @ Ataur vs The State

268

Civil Appeal 8/2008

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Uploaded on : 13-APR-17
From : COURT NO. 1

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

269

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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Uploaded on : 11-APR-17
From : COURT NO. 1

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

270

Civil Appeal 175/2008

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Uploaded on : 10-APR-17
From : COURT NO. 2

M/S. Gramsico Limited vs Bangladesh Textile Mills Corporation

271

Civil Appeal 146/2008

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Uploaded on : 10-APR-17
From : COURT NO. 1

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

272

Criminal Review Petition 14/2017

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Uploaded on : 21-MAR-17
From : COURT NO. 1

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

273

Criminal Appeal(A) 81/2016

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Uploaded on : 17-JAN-17
From : COURT NO. 1

Criminal Appeal No. 81 of 2016

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

274

Civil Petition 2274/2016

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Uploaded on : 11-JAN-17
From : COURT NO. 1

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

275

Civil Appeal 25/2013

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Uploaded on : 04-JAN-17
From : COURT NO. 1

Abdullah Chowdhury and others vs Janata Bank Ltd. and others

276

Civil Petition 2209/2016

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Uploaded on : 07-DEC-16
From : COURT NO. 1

Banichitra Pratisthan Limited and others VS Bilkis Begum and others

277

Civil Appeal 53/2004

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Uploaded on : 10-NOV-16
From : COURT NO. 1

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

278

Civil Appeal 41/2011

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Uploaded on : 10-NOV-16
From : COURT NO. 1

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

279

Civil Appeal 36/2011

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Uploaded on : 09-NOV-16
From : COURT NO. 2

Civil Appeal 36/2011

280

Civil Petition 1162/2013

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Uploaded on : 08-NOV-16
From : COURT NO. 1

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.

281

Civil Appeal 8/2012

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Uploaded on : 08-NOV-16
From : COURT NO. 2

Civil Appeal 8/2012

282

Civil Review Petition 189/2015

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Uploaded on : 02-NOV-16
From : COURT NO. 2

Civil Review Petition 189/2015

283

Civil Appeal 83/2007

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Uploaded on : 02-NOV-16
From : COURT NO. 2

Civil Appeal 83/2007

284

Contempt Petition(A) 9/2016

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Uploaded on : 01-SEP-16
From : COURT NO. 1

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.

285

Criminal Review Petition 58/2016

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Uploaded on : 30-AUG-16
From : COURT NO. 1

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

286

Civil Appeal 147/2004

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Uploaded on : 09-AUG-16
From : COURT NO. 1

Wagachara Tea Estate Ltd vs. Muhammad Abu Taher and others

287

Civil Appeal 81/2014

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Uploaded on : 03-AUG-16
From : COURT NO. 1

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

288

Criminal Appeal(A) 144/2014

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Uploaded on : 06-JUN-16
From : COURT NO. 1

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

289

Criminal Review Petition 42/2016

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Uploaded on : 09-MAY-16
From : COURT NO. 1

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

290

Civil Appeal 145/2005

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Uploaded on : 30-MAR-16
From : COURT NO. 1

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

291

Criminal Appeal(A) 143/2014

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Uploaded on : 15-MAR-16
From : COURT NO. 1

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

292

Civil Appeal 159/2010

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Uploaded on : 01-MAR-16
From : COURT NO. 1

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.

293

Civil Appeal 163/2009

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Uploaded on : 29-FEB-16
From : COURT NO. 1

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

CIVIL APPEAL NO.163 OF 2009

294

Civil Petition 2532/2014

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Uploaded on : 29-FEB-16
From : COURT NO. 1

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

CIVIL PETITION FOR LEAVE TO APPEAL NO.2532 of 2014

295

Civil Appeal 364/2002

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Uploaded on : 01-FEB-16
From : COURT NO. 1

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

296

Criminal Appeal(A) 39/2013

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Uploaded on : 31-DEC-15
From : COURT NO. 1

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

297

Contempt Petition(A) 19/2015

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Uploaded on : 30-DEC-15
From : COURT NO. 1

The State v. Mr. Swadesh Roy and another

298

Criminal Appeal(A) 23/2011

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Uploaded on : 01-DEC-15
From : COURT NO. 1

The State vs Dafader Marfoth Ali Shah and others

299

Criminal Review Petition 63/2015

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Uploaded on : 19-NOV-15
From : COURT NO. 1

Salauddin Qader Chowdhury vs The Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh

300

Criminal Review Petition 62/2015

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Uploaded on : 19-NOV-15
From : COURT NO. 1

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