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....nt Nos.15, 16, 17, 18 and 19 but noaction was taken by the police to prevent the said respondents from damaging the forest.
10. Under such circumstances, the petitioner served a notice demanding justice on 10-2-2009 upon the respondents to take immediate action and to stop setting up of unautho......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......vironment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
Result:
The Rule is made absolute with directions and observation.
Cases Referred to-
Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and oth......f Sonaichhari Mouza under Sitakunda Police Station in favour of respondent Nos.15-19 for setting up of ship breaking yards therein shall not be declared illegal, against public interest and without lawful authority.
3. The petitioner, BELA is an association registered under the Societies Regist..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....lved therein. Therefore, the learned Counsel submits that the prolongation of the instant proceeding amounts to an abuse of the process of the Court which is liable to be quashed for securing ends of justice. 12. It may be pointed out that Opposite Party No.2 has not entered appearance at any sta......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......er……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 5......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....gation has not been perfect. I find substance in the submission. Hence, the re-investigation of the case may please be taken up by Assistant Police Commissioner (Kotwali) himself to ensure proper justice". 4. Against the said order of ire-investigation the informant Mohammad Hossain preferred......charge, this Court should specify the Court in which the appropriate action against the accused opposite parties on the basis of the charge-sheet already submitted by the police should be taken, as according to him, after coining into force of the Code of Criminal Procedure (Amendment) Ordinance, ...... Syed Mohammad Ali J Abul Kashem Shawdagar.................................Petitioner Vs. Abdur Razzaque & others.....................................Opposite Parties Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Qua......der date 31.03.1980 passed by this Court is hereby withdrawn, Assistant Police Commissioner, Kotwali Zone is therefore requested to proceed with his investigation. Seen a petition filed by the Id. lawyer of the defence. Let a copy of the petition be sent to the President, Chittagong Bar Associati..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ....... ......provided in the Code of Civil Procedure that a “Public Officer” is also Subordinate to the High Court division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Admin..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....hout properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in error in the impugned decision occasioning failure of justice. Drawing our attention to the provisions of, section 32 (2) and 6(5) of the Ain, 2003 Mr. Ez......iable to be set-aside. 9. On the other hand, Mr. Md. Mamunur Rashid, the learned Advocate appearing for the opposite party No.1, Pubali Bank Ltd supports the impugned judgment and order which was, according to him just, correct and proper. Referring to the provisions of section 32(2) and 6(5) of ......in Miscellaneous Case No.38 of 2004 arising out of Artha-Decree execution Case No.15 of 2003, pending in the Artha Rin Adalat and Joint District Judge, Court No.1, Lakshmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Materia...... Mr. Khair Ezaz Maswood, the learned Advocate appearing for the petitioner after placing the impugned judgment and other materials on record submits that the learned District Judge seriously erred in law in passing the impugned judgment and order without properly applying his judicial mind into the ..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....n-contested election of opposite party Nos.1-4, as Vice-President and Members of the Managing Committee. Thus the learned Additional District Judge committed an error of law occasioning in failure of justice. 33. The learned Additional District Judge did not consider the other aspects of election......বায় সমিতি which was for two consecutive terms, represented in the Managing Committee of the GafargoanUCCA, a Central Cooperative Society, through another person named Md. Elias. So according to the said section 18(8) the same primary Society cannot be re-elected to any office of t......nt: Md. Emdadul Huq J Fakir A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Abdur Rahman How......re-A, A-1, B and B-1 filed in Writ Petition No.3152 of 2009, submits that the voter list containing the names of 261 voters was in fact approved by the proper authority and therefore the election was lawfully held. 13. Discussion and Findings: I have perused the materials on record including t..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......ich involve the determination of any Civil right except those whose cognizance is "either expressly or impliedly barred". "Expressly barred" means barred by any statutory provision. The instant suit, according to Mr. Ali, is barred under section 102 of the Waqf Ordinance. But to us it is not so an e...... under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑sec......tion of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27‑8‑89 of the defendant No.1 Administrator of Waqfs as void, illegal and without any lawful authority. By this order passed under sub‑section (1) of section 64 of the Waqfs Ordinance ..Category: Trust/Waqf Law | Date: | Hits: 131
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....f the Penal Code, if we do not record, an order of acquittal in favour of accused Fazlul Huq the non‑appealing accused, it means that we are allowing an illegal order to perpetuate. The fountain of justice must not be stopped to the deprivation of any and its flow be allowed to continue so that ev......gued that the accused Mesbahuddin and Arzan could be held liable for commission for murder although they were charged under section 396 of the Penal Code. If the charge of commission of dacoity fails according to Mr. Chowdhury they may be charged on the other part of the charge, namely, commission o......3/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM Musifiqur Rahman, Advocates ‑ For the Appellant in Criminal Appeal No.1064 of 1992. Amirul Kabir Chowdhury, Deputy Attorney‑General with SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference N......‑88 and on the same date he succumbed to his injury. He brought the death certificate Ext.10. At the time of his death his name was not known but subsequently it was gathered from his mother-in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ..Category: Criminal Law | Date: | Hits: 87
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......ubs operate on a system of mutual insurance under which the successful claim of one member is paid out of the contributions of and the calls made on, all the members including himself. Each member is accordingly both an insurer and an insured. Among the wide range of risks covered by P. & I. clu......………………………Plaintiff
Vs.
The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) and others………………………………………Defendants
Judgment
October 26, 2008.
Result:
The Applications are dismissed.
Case Referred to-
‘The Fanti' ......as primarily highlighted the fact that in issuing the letter of Guarantee the two P. & I. clubs have by that reason automatically brought themselves under the purview of both statutory and common law standards that define and govern the tripartite relationship between a guarantor, a creditor and..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ...... through a Sea going Ship. The defendant No.1 being the agent of the proforma defendant No.2 and 3 has received those containers from the Port after the delivery of the goods which it contained and accordingly the defendant No.1 came to the possession of those containers which they are now wrongfu......iff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: The application is rejected. Case Referred to- SONIA, 1983 2 Lloyds Law Report 63. Lawyers Involved: Ajmalul Hossain, QC - For the Pl......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......part along with all the aforesaid observations and directions which will be in the form of continuous Mandamous.
37. In view of the harassment to the Petitioner we are inclined to award costs and accordingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand)......lt:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petitioner.
Ms. Kazi Zinat Huq Deputy Attorney General with Shams-ud Doha Talukder, Assistant Attorney General-For the Respondent No.1.
......on the respondents to show cause as to why failure to take necessary legal action against the institution, which is allegedly resorting to fraud against the students in the pretext of conferring U.K. law decrees, without having any affiliation/ approval of any authenticated University of the United ..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......………….Appellant Vs. Sree Chandra Kanta Mondal and others………………………….Respondent Judgment August 12, 2009. Result: The appeal is allowed. Cases Referred to- Lal Miah (Hajee) Vs. Nurul Amin and others, 57 DLR (AD) 64; Shanai Bibi being dead here heirs......arty to the suit to testify in all civil proceedings. And in criminal proceeding against any person the husband of wife of such person shall be a competent witness. Son has not been qualified under law to be a competent witness for their parents. 10. In the decision of Shanai Bibi being dead he..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o what is ordinarily called mixed question' of law and fact. In those cases the High Court's interference with the decision of the lower appellate court may be warranted to prevent miscarriage of justice.' 56. A suit or case can be dismissed on the ground of limitation, but a plaint cannot be...... the plaint. In the suit, defendant No.1 appeared and filed application under order VII rule 11 of the Code of Civil Procedure for rejection of the plaint. In the application it has been stated that, according to clause No.2, of the bainanama the suit is barred in different Count, including it is ba......rshed Reza and others............................Respondents Judgment July 16, 2009 Result: The appeal is allowed. The Civil Rule No. 98(f) of 2009 is made absolute. Cases Referred to- Sitaram Bindraban, a partnership firm at Khamgaon Vs. Chiramjilal Brijlal, a partnership firm......of Civil Procedure for rejection of the plaint. In the application it has been stated that, according to clause No.2, of the bainanama the suit is barred in different Count, including it is barred by law of limitation. The learned Judge by the impugned Judgment rejected the plaint on the ground of l..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....eposterous that the same cannot be believed by any impartial tribunal but unfortunately the learned Judge of the trial tribunal failed to consider the same in its true perspective and accordingly injustice has been caused to the petitioner and therefore the conviction and sentenced awarded again......ioner is so preposterous that the same cannot be believed by any impartial tribunal but unfortunately the learned Judge of the trial tribunal failed to consider the same in its true perspective and accordingly injustice has been caused to the petitioner and therefore the conviction and sentenced......n & District-Feni........Convict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel......ese aspects of the case came to an erroneous finding that the petitioner committed the offence under Section 19A of the Arms Act, 1878. The learned Advocate contends that the Arms Act being a special law, the every aspect of the allegation must be cogently proved before the tribunal through corrobor..Category: Criminal Law | Date: | Hits: 115
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......, suggestion that in a Mortgage Suit where the order is made in the preliminary decree directing the Judgment debtor to pay the decretal dues within certain specified dates and if payment is not made according to the direction and the time given, in that case the decree holder must make the applicab......……Petitioners Vs. Joint District Judge & Others………………………………Respondents Judgment March 22, 2005. Result: The Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan Chintaman Deshpande and oth......er No.2 informed by one of the officials of the respondent bank about the filing of the title execution case. It has been contended that the trial Court which was passed the preliminary decree had no lawful authority to draw final decree after the expiry of 3 years as provided under article 181 of t..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....e32, as was held by Krishna Iyer Jin the said case. 30. Referring to the said decision Mr. Nizamul Huq has drawn our attention to paragraph 26 of the said Judgment with runs as under. "Where in justice, verging on inhumanity, emerges from hacking human rights guaranteed in part III and the vic......tion can be no impediment. Likewise, even a convict is entitled to the precious right guaranteed by Article 21 of the Constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law." 31. Turning to the facts involved in the case before ......esh and others……………………………………Respondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 1675; Jagmohan S......upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to show cause as to why the continued restraint of Fazlu alias Hafizur Rahman al..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......rishad by executing and registering a deed of gift, which fulfills the provisions of the Paripatra. (4) The Parishad decided for construction of UPCB on the land given by Haji Md. Abdul Momith and accordingly, sent a proposal to the Government. (5) Respondent Nos.5 and 6 were present in the me......Hakim J Sharif Uddin and another.......Petitioners Vs. Bangladesh & others............Respondents Judgment July 21, 2009. Result: The rule is disposed of. Cases Referred to- Golam Murtaza Bhuiyan Vs. Bangladesh, 48 DLR (AD) 47; Abdul Awsal Talukder Vs. Bangladesh, 9 ......hefa Hossain, Assistant Attorney-General - For the Respondent No.3 (In both the cases). Writ Petition Nos. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....t properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decision occasioning failure of justice. 35. In the result, the Rule is made absolute. The impugned judgment and Order dated 30-8......iable to be set aside. 13. Mr. AJ Mohammad Ali, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impugned judgment and Order dated 30-8-2001 which was, according to him just, correct and proper. Mr. Mohammad Ali, in the course of his argument after pla..........................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984......lly entitled to preempt the transfer in question. The opposite party No.2 as pre-emptee opposite party contested the case by filing a written objection contending that the case is not maintainable in law. The learned Assistant Judge, 4th Court, Gazipur Sadar after conclusion of trial by its judgment..Category: Property Law | Date: | Hits: 117
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......a vacancy in the chiefship of the Bohmong circle. Further case of the petitioner is that, the successor of the chief has always been the eldest in the male line, who was not otherwise unfit, and that according to various publications including District Gazetteer, this rule as a custom has been recog......gment
January 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner.
KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent Nos.1‑3.
Zakir Ahmed with Oziullah, Advocates - For Respond......hy the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner wa..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... the case and, as such, the impugned judgment is not sustainable in law as the learned appellate Judge has committed error of law which has resulting in error in the decision occasioning failure of justice. Mr. Mazumder further submits that the impugned judgment suffers from misreading and non-rea......e this rule. 7. Mr. Md. Kalim Ullah Mazumder, the learned Advocate appearing on behalf of the petitioner first of all submitted that the impugned judgment is neither a proper judgment nor it is in according with law in view of the evidences on record and facts and circumstance and law involved in......azal Hossain (Md.) and others..........Petitioners Vs. Md. Helal Mia & others......Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, repres......tioners as opposite party Nos.1-3 contested the said case by filing written objection stating inter-alia that the case is not maintainable in the present form and manner as alleged and also barred by law of limitation and bad for defect of parties etc. and also stating that Syed Ahsan Ali inherited ..Category: Property Law | Date: | Hits: 138
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