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Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

.... Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Tafazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development and Co-ope......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......ructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. A. S. Moniruzzaman, Assistant Attorney General instructed by Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1425 of 2009. (From the judgment and order dated 13.07.2009 passed by th......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..

Category: Election Law | Date: | Hits: 92

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... in the 2nd schedule and other lands prepared in the name of the plaintiff along with the defendants and others, because of their possession in other non-disputed land in the same kahtian. During the Bangladesh settlement the total land of the suit plot No.1350 prepared in the name of plaintiff Abdu...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......cate instructed by Mr. Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Tubarak Hossain, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 3 of 2008 (From the judgment and order dated 19.11.2007 passed by the High...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....t-bazar of the country under the Ministry of local Government are deposited with the Muktijoddha Sangshad account to be spent for the welfare of distressed and unemployed freedom fighters through the Bangladesh Muktijodha Sangshad Central Command Council, Dhaka (hereinafter referred to as the Muktij......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......m) instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Musfiqur Rahman Khan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 2 of 2008 (From the judgment and order dated 11.11.2007 passed by the Hig......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: | Hits: 159

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....arge less than the amount as per meter reading as per agreement signed in 1995 without considering the balance of convenience and inconvenience as Titas Gas has to purchase gas from the government of Bangladesh for supplying the same to its customers. 20. He lastly submits that the petitioner Tit......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......-Record-For the Petitioner. Abdus Salam, Senior Advocate instructed by Mr. Syed Mahbubar Rahman, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 20 of 2008 (From the order dated 13.11.2007 passed by the High Court Divi......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 82

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

.... Supreme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezw......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......so the petitioner to furnish reports in respect of the steps taken to implement the directions made in the judgment dated 15.7.2001, within a period of one month from the said date and fixed 1.6.2009 for further orders. Accordingly, reports are filed on behalf of the respondent no. 1 and the petitio......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....Division Order here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Pr...... legislation direct them to do are defied or denied wrongfully. The wages of violation is punishment, corporate and personal.”(Para-24). This is the correct exposition of law in a modern welfare Society. 46. In the result, we accept the writ. 47. The Director General, Directorate of Envir......nting Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples Union for Democratic Rights Vs. Union of India, 1982 SC 1473; Rural Litigation and Entitlement Kendra V. S......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..

Category: Environmental Law | Date: | Hits: 345

Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)

.... of being permitted to practice in the High Court Division as an Advocate, he was arrested on 22.02.2007 and therefore, he could not appear in the exam for enrolment in the High Court Division by the Bangladesh Bar Council. The present respondent was called to the Bar by the Hon'ble Society of Linco......rested on 22.02.2007 and therefore, he could not appear in the exam for enrolment in the High Court Division by the Bangladesh Bar Council. The present respondent was called to the Bar by the Hon'ble Society of Lincoln's Inn in the United Kingdom on 02.07.2004. The present respondent did his Bachelo......ate-on-Record-Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ibrahim Khalil, Advocate-on-Record- Respondent No. 1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 270 of 2008. (From the judgment dated 03.06.2008 passed by the High Court......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ..

Category: Criminal Law | Date: | Hits: 51

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....he proceeding for non-compliance of the positive order recorded by the High Court Division in Civil Revision No.826 of 1989. The show cause is to be submitted to the Registrar of the Supreme Court of Bangladesh, Dhaka within that period. 18. A copy of this judgment be served upon the learned Assi......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......emand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in sched......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

.... (Civil) Present: Mohammad Fazlul Karim CJ MA Matin J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others…………......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......im) instructed by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)

....h Court Division in Writ Petition No.7393 of 2008). Order It appears that a fugitive from law filed this application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh being Writ Petition No. 7393 of 2008, challenging the judgment and order of conviction an......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......tructed by ASM Khalequzzaman, Advocate-on-Record—For the Petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not Represented—the Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 36 of 2009. (From the order dated 8-6-2008 passed by the High Court Divis......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ..

Category: Anti-Corruption Laws | Date: | Hits: 266

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

.... Division (Civil) Present: Mohammad Fazlul Karim J Md. Muzammel Hossain J Md. Mozaffer Rahman and other..................Petitioners Vs. Government of Bangladesh and another..............................Respondents Judgment January 7, 20......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......ammel Haque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..

Category: Property Law | Date: | Hits: 28

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....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. ......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. ...... no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondents for partition of the suit lands and allotment of a saham of .50 acres of land out of .68 acres of la......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

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....Jurisdiction) Present: Syed Amirul Islam J AKM Shafluddin J SN Goswami, Advocate and another……….Petitioners Vs. Government of the People's Republic of Bangladesh and others…………Respondents Judgment June 3, 2001. Cases Refer...... 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. ......y-General-For the Respondents. Writ Petition No. 145 of 2001. Judgment Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application. 2. In this petition there are two petitioners namely, Mr...... 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. ..

Category: Constitutional Law | Date: | Hits: 126

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Abul Khair Morselin (Md) …………………..Petitioner Vs. Bangladesh and others…………………. Respondents Judgment October 17, 2000. Cases Re......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......5041 of 2000. Judgment Abu Sayeed Ahammed J. - This application is directed under Article 102 of the Constitution of the Peoples Republic of Bangladesh. On 10-10-2000, this matter was placed before a Vacation Bench of this Court and an order was passed to place it before the Regular Bench aft......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..

Category: Business or Commercial Law | Date: | Hits: 204

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....essed serious dissatisfaction about the conduct of the learned public prosecutor. He even wrote letters to the Secretary in charge of the Ministry of Home Affairs and the Inspector General of Police, Bangladesh pointing out the neglect and laches on the part of the prosecution in producing witnesses......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. ......in charge of Sessions Case No. 3712 of 1999 pending in the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit ......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. ..

Category: Criminal Law | Date: | Hits: 189

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

....ition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One application has been filed by Mr Mainul Hosein, President, Bangladesh Supreme Court ...... 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. ....... Judgment Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangl...... 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. ..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....m the decisions given by this Court in Cases under section 491 of the Code, the questions raised can be decided in a Case under section 491. He has also referred to Article 111 of the Constitution of Bangladesh to impress upon us that the law declared by the Appellate Division of the Supreme Court i......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......nt Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is not being held in custody with......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..

Category: Criminal Law | Date: | Hits: 33

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment August 10, 2000. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......amim and Motiul Alam came from India with some goods under Baggage Rules and they after completing immigration checking from immigration checking post produced the goods to the Customs House, Jessore for assessing Customs Duty, VAT and other taxes. But their goods were not released and those were te......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..

Category: Criminal Law | Date: | Hits: 101

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....s such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh and member of Balagonj Juba Dal Committee. The petitioner is a Member of Education Trust ......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. ......d to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh ......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. ..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

.... the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case No.11 of 1992. 2. The charge against the accused No.1 is that he abused his position as President of Bangladesh and obtained pecuniary advantage for his wife accused No.3 Rawshan Ershad and thereby com......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......ant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..

Category: Property Law | Date: | Hits: 33