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Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......o believe that she was the lawfully married wife of the accused On the contrary, the very prosecution case and evidence sufficiently indicated that both the complainant and the accused party by their free choice indulged in having sexual intercourse with each other as was revealed by the prosecution...... and evidence of the prosecution case, the complainant did not herself believe nor had she any reason to believe that she was the lawfully married wife of the accused. On the contrary what is found from the prosecution case and evidence is that the complainant and the accused themselves volunt...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ent: A study of Political and Military Interventions in Bangladesh”, Barrister Moudud Ahmed, a close associate of General Ziaur Rahman, wrote; “Why did Zia allow Taherto be hanged, the person who freed him from captivity?......... In the difficult situation after independence, Zia had to strike ......(In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......nsecration of tanks, wells and other reservoirs of water, planting of shady trees for the benefit of travelers, alms houses, Dharmasala for the benefit of mendicants, Pathshalas or schools for giving free education. In Chapter 'Dedication 'Paragraph 1.42 the author on consideration of different auth......s. Masjid Nurun Mohalla Jingerwadi, AIR 1979 Bom 109; Rikhu Dev, Chela Bawa Haarjug Dass Vs. Som Dass, AIR 1975 SC 2159. Lawyers Involved: Saifur Reza, Advocate — For the Appellant. Appeal from Original Order No. 74 of 2005. Judgment SK Sinha J. - In this appeal the plaintiff challe......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......he other hand submits that the accused petitioner intentionally caused such bodily injury with the knowledge that such injury will cause death of the victim; that the facts do not real that there was free fight between the parties; that the causing hurt is not a sudden act of the petitioner and that......in question. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, or inferred from, the acts of the accused and the circumstances of the case…………………………(14) ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ty to the shoulder of Siemens who voluntarily accepted the same. Therefore, in the event of failure on the part of Siemens it does not lie in the mouth of the bank to pay the decreetal amount setting free the real culprit, i.e. the Siemens. The learned advocate further submits that one of the reques......ealising an amount of Tk.39 lac and odd. The respondents contested the suit by filing written statement. The aforesaid suit was for realisation of unpaid loan amount that was taken by the respondents from the appellant bank. In that case the respondents in their written statement though admitted the......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated ...... remained vacant unutilized. After leasing out of 0.32 acres of land to respondent No. 6, Government still possess 0.11 acres in excess. So, the allegation of encroachment is totally false. To remove pollution of Bangladesh as well as of Dhaka City, Government has taken a big project to establish CN..Category: Property Law | Date: | Hits: 69
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....e minister for housing and public works." 4. The 15 storey building stands defying the law as a tall and odd Monumental structure to eclipse the main lake, at least partially, said citizens’ and environmental groups. 5. The State Minister, for Housing and Public Works, Abdul Mannan Khan, tol......nnayan Kartripakhya’s (RAJUK) approval in the location which used to be a canal, named, Begun Bari Canal, in the olden days, through which water flew to rivers and thereby kept the part of the city free from water logging and impurities. 27. The reproduced feature also suggests that the unautho......ned officials for failing to discharge their respective duties in accordance with law and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. As clippings from an English vernacular daily, named, New Age, published a feature under the caption, “No Plan ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......rred to the Revenue Budget and 19 employees lost their jobs. One other displaced employee was absorbed into a vacant post of Jeep driver and another died. Subsequently, out of the remaining 17, apart from the seven petitioners and one other who has become insane, the remaining displaced employees we......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......de absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High Court Division has valid ri......o keeping her under judicial custody is illegal. Having considered all aspects of the matter, we are satisfied that it will be fit and proper and in the interest of the victim girl if she is released from custody and allow her to go with any one according to her will and choice. We find support of t......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......pared and the owners received compensation. The decision of acquisition have been published in the official Gazette. The title and possession of the land in question had been vested in the Government free from all encumbrances. There was no illegality or irregularity in the process of acquisition....... all the writ petitions, in short, are that the petitioners were the owners and possessors of the lands as described in the writ petitions. They got those lands by way of inheritance or by purchase from the CS and SA recorded tenants. 7. The Gazette Notifications regarding the acquisition of th......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
...... connection with the affairs of the Republic in conducting election of the Managing Committee of a Co‑operative Society which is primarily the business of such Society. For the purpose of holding a free and fair election Registrar has been authorised to appoint an Election Committee in case of som......ng Committee of Netrokona Central Matsyajibi Samabaya Samity Ltd. and he was a candidate in the election for the office of member of the Managing Committee of Bangladesh Jatiya Matsyajibi Samity Ltd. from Constituency No.6 having been duly authorised to do so by the Managing Committee of his Samity.......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
..
Category: Election Law | Date: | Hits: 600
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....3916 of 2006. 3. The petitioner, BELA is an association registered under the Societies Registration Act, 1860. It is recognised as one of the leading organisations with expertise in the field of environment and ecology and its work done in the public interest. Its reputation and achievements ......act cancer. 41. From a report published by the Law Environment and Development Journal (LEAD), it is observed that the Indian legislation imposes certifications which ensure that all tankers are free of gas residues before they are scrapped, while Bangladesh does not enforce such obligation. Th......tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (respondent No.17) from a company based in Singapore, Yalumba Inc. (respondent No.19). Before the vessel could be imp......ncern, an NGO based in Dhaka, it was the consensus of opinion of the 3(three) experts consulted that any amount of hazardous materials to which the workers are exposed can be dangerous and that the pollution created by ship breaking is detrimental to the environment. Having been prima-facie sati..Category: Environmental Law | Date: | Hits: 688
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......the proposition of the plaintiff is correct then the provision for enforcement of foreign arbitral award will become redundant as prior to completion of the foreign proceedings, one of the party is free to obtain an order injuncting the foreign arbitration, proceedings and, as such, there would ......ns 45, 46 and 47 of the Act …………………………………..(20) The Appellate Division already mentioned that the law as per section 3(1) and section 3(4) of the Act barring the Court from granting an order of injunction is limited and applicable to the arbitration being held in Bang....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......amble and the provisions of sections 4, 6 (1) and 7(1) and (2) of the Mobile Court Ain does not lead to any absurdity or ambiguity or nebulousness or vagueness. The words used therein are clear and free from any kind of ambiguity or equivocation……………………………………(21) Ca...... and the provisions of sections 4, 6 (1) and 7(1) and (2) of the Mobile Court Ain does not lead to any absurdity or ambiguity or nebulousness or vagueness. The words used therein are clear and free from any kind of ambiguity or equivocation……………………………………(21) Cases R...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... custody of the Court the Magistrate should allow certified copies to be given upon application made on behalf of the accused, and if not, Magistrate has power under Section 94 Cr.P.C. to call for it from the police. The object of this Section to ascertain cause of death. Section 174(1) requires the......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......egum. It is further stated that accused Enamul Came there and tried his level best to santch away the accused Aza from his hand but failed; that the accused Enamul called others to make accused Aza free; that the witnesses gathered there hearing hue and cry and his elder brother Aftabuddin also ca......e burden of establishing the guilt of the accused is always on the prosecution and the burden never shifts. The prosecution is bound to prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner, subject to the exception in section 105 of the Evi...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......ce and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for performing the public duties during the period. 8. The moot is......dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in short, the Board, in Nothi No.3(115)/Ka:Ma:Pra:/2000/475, which refused to consider the prayer for waiver from payment of the requisite tax for want of authority under section 158(2) of the Income Tax Ordin......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....he way.
34. We would like to quote a few lines of paragraph 6 of the judgment delivered in the case of Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652 as under:
"This environmental disturbance has however to be weighed in the balance against the need of lime-stone qu...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......rection at the instance of ACI Salt Limited. Mr. Rafiqul Huq, a learned Advocate of this Court, represents this applicant. The applicant prays for directing the respondents not to evict the applicant from the foreshore land covered by its licence.
4. The applicant is a private company limited by ...... the capital city, Dhaka.
39. It is wroth mentioning the case of M.C. Mehta VS. Union of India, AIR 1997 SC 734, popularly known as Taj Mahal Case. In order to protect Taj Mahal from environmental pollution, the Supreme Court of India passed directions to 292 industries located and operating in A..
Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ession of co-accused of Delowar Hossain found Kamal Hossain alias Gundiya and Lalu guilty and awarded capital punishment on them. He next submits that at the time of occurrence there took place a free fight between the members of 2 boats at Moheshkhali channel. Saiful Islam Chowdhury, one of the......Jail Appeal No.210 of 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing daco......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... relied on the case of Nagendra Chandra Sarker Vs. Aftabuddin, 15 BLD (AD) 135, where it has been held that, the result, of a criminal case does not affect a civil suit in any way. The civil Court is free to come to its own findings independent of the result of the criminal case. 11. Learned Advo...... 2.93 acres of Plot No.510 was possessed by the defendant No.4 forcefully which is kha schedule. The plaintiff joint in the army and he participated in the second world-war and after the war, he left from army and came to his paternal homestead at Ullapara under Begumganj police station where he res......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
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