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Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....ation-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by placing bank protecting embankment as required under the laws why further directions shall not be given upon them to initiate legal measures against the ille...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......nment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......20B/34 of the Penal Code pending in the Court of the learned Sessions Judge, Khulna. 2. The short facts leading to the case are as fol­lows:- That one Khojeda Begum, wife of late Azizur Rahman and mother of the victim lodged, a First In­formation Report with the Daulatpur Police Station at a......na but the same were rejected. Thereafter the petitioner moved the learned Sessions Judge, Khulna in Bail Case No.107 of 1987 but the prayer for bail was rejected by the learned Sessions Judge by his order dated 10.1.88 with the observa­tion mat the petitioner was not named in the F.I.R. but she wa..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....d­vocate for the petitioners, has submitted that the im­pugned order of the learned Munsif suffers from ille­gality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned ......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri......d. Nurul Huda Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plain­tiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowin..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....in joint possession in the proceeding lands and in view of the aforesaid discussion. I do not consider that the im­pugned order should remain in force till a decision is made by a competent Court of law as held by the learned Magistrate. 11. For the reason stated above, I hold that the impugned ......is Case is also Reported in: 42 DLR (HD) (1990) 70....... M. Fazlul Karim, Advocate—For the Peti­tioner. No one-For the Opposite Parties. Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule aris­es out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favou..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....s not maintainable as the Member Appellate Tribunal is not a Court but a persona designate and the decision of the Arbitration Appellate Tribunal being final, the revision case is not maintainable in law but the petitioner may file writ. 6. Mr. Gazi Abdur Rashid, the learned Advo­cate appearing......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are...... not feel that he has com­mitted any illegality which occasioned any failure of justice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....aration that the order of dismissal made by defen­dant No.1 is illegal, ultra vires and without jurisdic­tion and is of no legal effect and is against the prin­ciple of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party contested the suit by......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application un­der section 115 of the Code of Civil Procedure is di­rected against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of......t the plaintiff remained ab­sent from duties on 11.11.74 without prior permis­sion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on different dates without receipt of money thereof on the same date, that there was cash shor..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....itted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in ac­cordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this Ses­sions triabl......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Ban­gladesh and accused Shah Alam Chowdh......Affairs, Government of Ban­gladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Selim Khondker, Saidur Rahman Chowdhury, Atiar Rah­man and Nizamuddin to show cause why the order dated 14.7.88 passed by the Chief Metropolitan Magistrate, Dhaka permitting further investigat..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....om justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an ac­cused in a trial facing capital charge cannot be denied of his substantive right ......r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the con­firmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code.......Jan Mohammad of Kalamati within P.S. Dinahate lying within the district Kuchbihar (in India) was following him from behind. Village Kalamati is an enclave within the In­dian territory surrounded by border of Bangladesh territory. Taka 55/- which accidentally dropped from pocket of Muslim Ali on the..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....n swayed by moral conviction and there­by lost sight of legal testimony. Rule of evidence cannot be departed from because there may be strong conviction of guilt for a Judge cannot set himself above law which he has to administer or to mould it to exigencies of particular occasion. 20. Thus, hav...... Appel­lant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger......s 302/34 of the Penal Code and convicted and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Pr..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....­cided by the lower Appellate Court as to how far this onus has been discharged by the transferee in the present case. The learned Advocate for the petitioner submits that none of the requirements of law has been satisfied by the transferee namely defendant Nos.3 and 4 in this case. The law requires......86. ......xt submission of the learned Advo­cate for the petitioner is that there are three conditions in section 27 (b) of the Specific Relief Act which need to be satisfied by s subsequent transferee in order to come within the exception of that sub­section, viz. whether his transfer is for value and ..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....s read over and explained to the accused who pleaded not guilty and claimed to be the tried and another accused Harun Mizi remained absconding. The accused-appellant was defended by the State defence lawyer and so far it could be gathered from the trend of cross-examination the defence case was that...... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64......uty Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

....ner and the public at large result­ing in shortage of materials in the market, high price and corruption and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental......ecial Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ah­med J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Com­pany & another……………….R......8 of 1988. (An applica­tion under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Abdul Matin Khan Chowdhury J. - This Rule challenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the petitioner in re..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....d that "In our opinion though ordinarily where a decree has been passed after some contest between the parties such decree is appealable, where it has been proved that the suit has been adjusted by a lawful agree­ment, there can be no appeal against the decree under section 96(3), but there is a ri......¦..Appellants Vs. Siddiqur Rahman & others........................Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company Ltd. Vs. Apear Collieri......the Respondent No.10. No one-For the Deputy Registrar. Civil Appeal No.36 of 1972. Judgment AM Mahmudur Rahman J. - This appeal at the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts gi..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....te it is necessary to examine the relevant provision of the Ordinance vesting the jurisdiction to the District Judge to entertain appeal arising out of election petition. Section 29 is the rel­evant law in this regard. Sub-sections (1) and (2) of section 29 relates to Election Tribunal and its powe...... by filing written objection re­futing the allegations made by the petitioner. The opposite party also made certain allegations of corruption, etc. practised during the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the al­legat......r the Opposite Party. Civil Revision No.69 of 1989. Judgment AM Mahmudur Rahman J. - This Rule was issued under section 115(1) C.P.C. at the instance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 1989 preferred..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....of opposite party Nos.1, 2 and 3 on point of knowledge relating to the transfer of the case land. Mr. Badrul Huq, the learned Advocate also submits that the court of appeal below commit­ted error of law in accepting the plea of knowledge about the impugned kabala dated 17.2.72 given by the petition......ddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petition­er Vs. Noor Jahan Begum &am......te-For the Petition­ers. Hemayetuddin Ahmed, Advocate-For the Op­posite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subordinate Judge, First Court, Barisal in..

Category: Property Law | Date: | Hits: 100

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....ates-For the Petitioner. Abdul Momen Chowdhury, Advocate-For the Opposite Party No. 1. Civil Revision No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law moot­ed is: whether the District Judge, an appellate au­thority under section 29(4) of the Loc...... Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State of Punjab and another 1956 (SC) 391. Lawy......ed District Judge did not withdraw the appeal from the Second Commercial Court of Subordinate Judge to his Court but transferred the same to the 1st Court of Additional District Judge by the impugned order on 3.1.1989. 3. Mr. Salimul Hoque Khan Milky appearing in support of this Rule very candidl..

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....e and the learned Munsif in restoring the suit on setting aside the order of dis­missal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An order passed by a Court under Order 9, rule 9 C.P.C. is no do......itioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers Involved: Nurul Islam Cho......m Chowdhury, Advocate-For the Petitioners. No one-For the Opposite Parties. Civil Revision No. 81 of 1985. Judgment AM Mahmudur Rahman J. - The petitioners obtained this Rule against the order of the learned Munsif, Mirersarai Upazila, Chittagong setting aside an order of dismissal of t..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....tion and sentence passed against him in absentia, the learned Sessions Judge would have admitted the ap­peal for that sufficient cause shown and ought to have disposed of the same in accordance with law. He has further submitted that from a clear reading of the impugned order of the court of appeal......te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sec­tions 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date.......425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sec­tions 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, dated 4.9.86 refusing to admit Criminal Appea..

Category: Procedural Law | Date: | Hits: 122

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....the application on contest holding that the plaint discloses cause of action the collusion of the defendants and the suit is not barred under Industrial Relations Ordinance, 1969 and by other general law or special law. 5. The learned Advocate for the applicants urges that section 10(2) of the af...... This Case is also Reported in: 42 DLR (1990) 13. ......5 (6). Lawyers Involved: Nurul Huda, Advocate-For the Petitioners. Civil Order No.156 of 1989. Judgment AM Mahmudur Rahman J. -By this application the petitioners call in ques­tion an order passed by the learned Assistant Judge rejecting an application made under Order 7, rule 11 CPC..

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....from the country and thereafter the case was sent to the learned Senior Special Judge, Rajshahi for trial. It appears that the case was transferred by the learned Sub‑Divisional Magistrate to Mr. Delawar Hossain, a Magistrate of the 1st Class for disposal who received the same on 18‑4‑79 and t......or the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Amin Chowdhury J. - This appeal is directed against the order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, Rajshahi Division, Ra......ur Habib, Advocate-For the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Amin Chowdhury J. - This appeal is directed against the order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, R..

Category: Criminal Law | Date: | Hits: 98