Article-102 read with
The trade Organization Ordinance, 1961
It is on record that the duration of the present Executive Committee of the FBCCI is going to be expired on 21st October. 2000. So an organization like FBCCI which concerns with finance and other functions of national importance cannot be thrown into chaos and confusion on the whim of a particular person, who is not yet a voter for the organization’s election.
When a part of the election has already been completed without any objection from any corner, we find that the present petitioner has no legal right even according to the memorandum of articles of association of FBCCI.
Md. Abul Khair Moreselin Vs. Bangladesh &Ors. 9 BLT (HCD)-8.
Writ of certiorari—not maintainable —on the basis of F.I.R. dated 02.10.1996 Sessions Case No. 319 of 1997 was initiated and the same was disposed of by the judgment and order dated 08.1 1.1998 by the learned Sessions judge, Dhaka, and the beneficiary of the writ application Lieutenant Colonel Mohiuddin Ahmed has been found to be guilty of the offences charged for and was convicted and sentenced to capital punishment and being aggrieved by the said judgment and order said lieutenant
Colonel Mohiuddin Ahmed preferred Criminal Appeal No. 2617 of 1998 in the high Court Division of the Supreme Court of Bangladesh, which was heard along with other appeals and Death Reference Case no 30 of 1998 by a Division Bench, which
delivered a split judgment on 14.12.2000. In the aforesaid split decision Lieutenant Colonel Mohiuddin Ahmed was found to be not guilty by one of their Lordships and accordingly his case has been referred to Third Judge of the High Court Division for decision in accordance with the provisions of the Criminal Procedure Code and same is now pending. Held: We are of the view that this Bench at the present stage. When the sessions Case No. 3 19 of 1997 arising out of FIR dated 02.10.1996 has merged in Criminal Appeal No 2617 of 1998 filed by Lt. Col. Mohiuddin Ahmed, now pending for disposal in another Bench of the High
Court Division, cannot issue writ of certiorari as prayed for.
Mrs. Shahida Mohiuddin Vs. Bangladesh & Ors. 9BLT(HCD)-116
Writ of certiorari — it is settled principle that the writ of certiorari is issued normally upon the inferior court or any tribunal inferior to the High Court Division.
Mrs. Shahida Mohiuddin Vs. Bangladesh & Ors. 9BLT(HCD)-116
Aggrieved person—public interest litigation — petitioner is a member of the Supreme Court has Association, alleged in the petition that by making unauthorise constructions and setting up of illegal markets by the unauthorised users for their commercial purposes there have been obstructions to the foot-paths and pavements goers and passerby and thereby making the Dhaka City virtually unfit for habitation. By unauthorized occupation of the foot-paths and pavements and streets etc.
obstructions are created in such a manner that the people cannot as through the foot-paths, pavements and the streets practically. In comparison with the population the foot-paths and the pavements in Dhaka city are small and insufficient. According to petitioner the respondents are not taking any care, rather they are sleeping and neglecting to protect the same and keeping free for use by the day to day passersby. The Dhaka city was once a beautiful city in the east. But now it has been turned into a gloomy and ghost city because of blocking the foot-paths and pavements in the aforesaid unauthorized and illegal
manner. This is why the petitioner being aggrieved has made this application by himself. The environment also has become very unhygienic and it is also adding to the pollution of the air—Held : The government to protect the right of the people to move freely through the roads, streets, foot paths and pavements of the city of Dhaka and other cities in Bangladesh and in terms of the law should be implemented to protect the right of the petitioner as well as of every pedestrian and the city dwellers who should be allowed to enjoy their right as given by law.
Omar Sadat Vs. Bangladesh & Ors. 9BLT(HCD)-124
Instant case, we see that for the purpose of forming an opinion as to whether TTCL was engaged in carrying out its banking business without required permission of Bangladesh the enquiry was held by the competent person of Bangladesh Bank, with prior show cause notices and after enquiry and before forming final opinion and before making the impugned declaration a second notice vide Annexure-G was served upon the ITCL informing it about the proposed action to be taken by the Bangladesh
Bank as such there is no lack or dearth of natural justice in this case.
Islamic Trade & Commerce Ltd. Vs. Bangladesh Bank & Ors. 9BLT(HCD)-I83
Public interest litigation as in the instant case fate of many innocent students arc involved as contended by the petitioners counsel.
In the instant case the others are definite in number i.e. 49—Hence we are unable to accept the submissions of the learned Advocate of the petitioner. However for securing, ends of justice we direct the Board to allow the petitioner and those others
who have not yet filled up the Forms of HSC Examination to be held in 2001 since they have already changed their subjects as required by the National Curriculum and issue necessary admit cards so that they can appear in the next HSC Examination. 2001.
Md. Masum Babor Hiro Vs. Govt. of Bangladesh 9BLT(HCD)-228
The petitioner being a government servant and his transfer is one of the terms of his service he must take shelter of law in Administrative Tribunal as the Tribunal can strike down an order of violation of natural justice and for infringement of fundamental rights. But for challenging vires of law one can seek remedy under Article 102 of the constitution.
Nur Mohammad Vs. Ministry of Education & Ors. 9BLT(HCD)-244
It appears that by the impugned notification annexure-D the requiring body Rajuk published the notification inviting application from the notification inviting application from the decided to be acquired under L.A. Case No. 138/61-62, 91/57-58 and 26/59-60, for allotment of plot at Badda Rehabilitation Zone but there is no material on record to show that petitioner’s land measuring 4 kathas in C. S. Plot No. 1004 is within 721.76 acres of land decided to be acquired out of the aforesaid three L.A. Case. On the other hand the Rajuk also has not submitted any paper to show acquisition of the land and assessment of compensation if any for the land in question-in view of the facts and circumstance stated in the writ petition and papers annexed thereto we are of the opinion that the writ petition was filed is incomplete in that it does not disclose material fact
that petitioner land was included in 721.76 acres of land decided to be acquired and for non disclosure of complete maercial fact the writ petition is not maintainable.
Most. Nurjahan Akhter Vs. Bangladesh & Ors. 9BLT(HCD)-260
Maintainability —the case of the petitioners in brief is that in response to the public notice published on behalf of the respondent No.1 the petitioners submitted tenders to purchase the commercial premises at 25. Bangbandhu Avenue, Ramna, Dhaka, (the case-property in short) with the requisite earnest money and although their tender was highest still the respondents could not finalize the matter due to litigations but even after conclusion of the litigations, the respondents did
neither complete the transaction or hand over the physical possession of the case property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect—Held: It appears that the conduct of the officials of the respondent No. 1. in canceling the tender, after dilly
dallying for long 6 (six) years, on a preposterous reason for which they themselves are to be blamed, is most unfair, as such the petitioners have got the constitutional right to maintain this petition to challenge such an unreasonable and arbitrary order of the Government.
Md. Nazrul Islam Ors. Vs. Bangladesh & Ors. 9BLT(HCD)-311
Slum dwellers should not be treated, for any reason, as slaves or chattels, rather as equal human beings and they have got a right to be treated fairly and with dignity.
Kalam and Ors. Vs. Bangladesh & Ors. 9BLT(HCD)-323
Maintainability—the petitioner is admittedly a responsive bidder so far the technical bid is concerned and as per terms and conditions of the tender document price bid of those bidder who have been found to be responsive in the technical bid shall be
opened that obviously amounts to an agreement between the bidder and the purchaser, breach of the said terms as a clear violation of the tender document in other wards the contract inasmuch as terms and conditions of the tender documents are binding upon both sides. Thus cause of action has already arisen for taking legal action.
Sumikin Bussan Corp. Vs. Chittangong Port Authority & Ors. 9BLT (HCD)-363
Maintainability— the petitioner is admittedly a responsive bidder so far the technical bid is concerned and as per terms and conditions of the tender document price bid of those bidders who have been found to be responsive in the technical bid shall
be opened that obviously amounts to an agreement between the bidder and the purchaser, breach of the said terms as a clear violation of the tender document in other wards the contract inasmuch as terms and conditions of the tender document are binding upon both sides. Thus cause of action has already arisen for taking legal action.
Dr. Md. Alamgir V. BUET & Ors. 9BLT (HCD)-388
Second show cause notice to an employee to be meaningful has to be accompanied by a copy of the inquiry report. It is not an idle formality.
Abul Kashem Sikder Vs. Govt. of Bangladesh & Ors. 9BLT (HCD)-180
Whether a circular of the Government conferred vested right on the petitioner not to be transferred within 3 years preceding to the date of his retirement.
Held: A circular of the Government, which has not force of law —relied on 45DLR (HCD)-39, 1981 BLD (AD)-103
Nur Mohammad Vs. Ministry of Education & Ors. 9 BLT(HCD)-290