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Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....is no doubt not a riparian owner. He is a person interested in protecting the lives of the people who make use of the water flowing in the river Ganga and his right to maintain the petition cannot be disputed. The nuisance caused by the pollution of the river Ganga is a public nuisance, which is wid......The Rule of Law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. The poor ..Category: Environmental Law | Date: | Hits: 345
....d the order of trial Court which cannot be sustained in the eye of law.
7. The learned Advocate appearing for opposite party nos. 2-3 opposes the Rule and submits that as petitioners purchased the disputed land during pendency of suit, so they are neither proper nor necessary parties to the suit ...... Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317 held:
“Addition of a subsequent transferee would not prejudice the plaintiff rather it would help him to get possession of the suit holding”.
5. He further refers the case of Abdul Mannan (Md.) Vs. Swaraj Roy and others 54 DLR..
Category: Property Law | Date: | Hits: 27
Abul Hossain Vs. State, 2008, 37 CLC (AD)
.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......ent and order dated 25-05-2006 passed by the High Court Division in Death Reference No.57 of 2003 with Criminal Appeal No.1794 of 2003 and Jail Appeal No.796 of 2003, rejecting the death reference, upholding the order of conviction and commuting the sentence of death to imprisonment for life and dis..Category: Criminal Law | Date: | Hits: 45
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ners and Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for the respondents in both the cases and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the lands claimed in both the writ petitions were acquired by the Government in accord......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....ay the pre-emptor and opposite parties Nos.7-15 are co-sharers in the Case land and their names have been duly recorded in the relevant RS Khatian. It has been contended by the pre-emptor that by the disputed 4 kabalas dated 20-7-1991 opposite parties Nos. 4-11 sold the Case land to opposite party N......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..Category: Property Law | Date: | Hits: 22
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ther Vs. Abdul Barik and another reported in 94 BLD (AD) page 83. In view of those decisions, I am of the opinion that both the courts below committed error in law occasioning failure of justice in holding that the present plaintiffs were aware about the proceeding of Title Suit No.16 of 1985 an..Category: Property Law | Date: | Hits: 79
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....bmitted that the certified copies of the registered pattan dated 23.04.1945 which is the basic document of title of the plaintiff for the suit land was filed in the Court of Appeal below by which the disputed land was given pattan to the predecessor-in-interest of the plaintiff by the original owner...... into evidence in exercise of power under Section 107 of the Code of Civil Procedure and thus, by an erroneous view agreeing with the finding of the Court of Appeal below committed an error of law in holding that the plaintiff had miserably failed to establish its right and title in the suit land wh..Category: Property Law | Date: | Hits: 28
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....d others, 47 DLR (AD) = 14 BLD (AD) 242. In that case after filing the suit the plaintiff filed an application for temporary injunction to restrain the defendants from continuing constructions on the disputed land. The trial court issued a show cause notice and an order maintaining status quo till d......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
...... even if it is assumed to be correctly reported then also it cannot have any bearing on the merit of the case inasmuch as it was a political speech delivered by the leader of a political party who is holding the office of the Prime Minister. Politicians often say things in public but that cannot for..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....a, and, in short, is that he was although a member of that Chamber and his name along with five others (five others are not petitioners) were included in the preliminary voters list as voters for the disputed election as required under Article 15A(v) of the Memorandum of Articles of the Association ......Association group which includes all associations formed on Bangladesh basis, and the election of each group is being held separately and exclusively within the Members of each group. Schedule for holding the election on the 12th October, 2000 was notified. 3. The petitioner is one Md. Abul K..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......t of estoppel, the opposite parties are not permitted to raise such plea in evidence and also could not prove that the transfer took place on the negotiation of the pre-emptors. The trial Court while holding the aforesaid view relied on a decision reported in 27 DLR 413. The trial Court noticed that..Category: Property Law | Date: | Hits: 31
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......f by submitting that the Board Meeting that was arranged at the instance of appellant No.1 is illegal and on the basis of that illegal meeting the respondents cannot be removed from the post they are holding in the company. Before entering into the merit we intend to dispose of the earlier objection..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......eet. But his responsibility continues till the conclusion of the trial to see that no evidence in the Case is lost by means of gaining over a witness or otherwise which may happen in Case of delay in holding trial of a Case. 15. In some Cases we are compelled to enlarge some accused on bail a..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......the Supreme Court of Trinidad and Tobago ordering the appellant to pay a fine of £25 or in default to be imprisoned for one month for contempt of Court for publishing an article, and to pay costs. Upholding the conviction, in this most cited Case, Lord Atkin observed: “The path of criticis..Category: Criminal Law | Date: | Hits: 49
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......r that a fugitive offender may be extradited to the Treaty State being a Commonwealth country on the basis of a warrant for arrest issued in a treaty State on the basis of an order of committal after holding an inquiry by a Magistrate. It is further clear that a fugitive offender can be detained in ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....ried building known as Janata Tower at said plot No.49 was disproportionate to his known sources of income and that he committed criminal offence under section 5(1)(e) of the said Act. 19. Now the disputed facts: Number one, accused No. 1 paid six and half crore in cash for the said construction,...... was not accepted on the ground that the auction bid was inadequate. Subsequently the said two plots were again put to auction, but no one participated in the auction. On 26-8-1989 accused No.1 while holding the position of the President of Bangladesh came on a visit to the mosque within Kawran Baza..Category: Property Law | Date: | Hits: 33
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......Taka 1701.00 in the year 1963 and the lease deed being No. 401 dated 10-01-67 was executed and registered in the year 1967 (Annexure A). That since taking lease the petitioner has been possessing the holding uninterruptedly and started living there after constructing building on the same by obtainin..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......xes estimated the Income at Taka 40,000.00 considering the old age of the assessee applicant but this was also done without any basis and the Appellate Tribunal estimated the income at Taka 48,000.00 holding that the estimates of professional receipt at Taka 40,000.00 is a bit low. This was also don..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......mpanies Act, 1994 has been presented by the petitioner who is a share-holder of United Food Complex Ltd. 2. The petitioner’s Case, in brief, is that the petitioner is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter call..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....dwellers problem in Bangladesh and also does not dispute that government of Bangladesh as a member of the UNO from time to time displayed its anxiety for the solution of the problem and it can not be disputed that the government of Bangladesh from time to time displayed some good gesture in the matt......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
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