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....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:
......ounting to Tk.2,26,34,984.54/- (Taka two crore twenty six lac thirty four thousand nine hundred eighty four and paisa fifty four) only.
19. He further submits that the High Court Division erred in law occasioning failure of justice by directing the petitioner-respondent Titas Gas Company to resto..
Category: Civil Law | Date: | Hits: 82
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....es shall shift from Hazaribagh within February, 2010. 9. Besides, she submits, the whole of tannery area are of red category, but still they did not install ETP in direct violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Mohiuddin Fa......gh within February, 2010. 9. Besides, she submits, the whole of tannery area are of red category, but still they did not install ETP in direct violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Mohiuddin Farooque V. Bangladesh 55 DLR ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....t in this region. Since early sixties, of necessity, industries of various kinds started to spring up slowly. Although in those days the question of pollution did not cross anybodies mind but certain provision were made in the Factories Act, 1965 (Act No. IV of 1965) rather as a precautionary measur......tes, rather, the petitioner claims that the beneficiaries of this writ petition are the people, the inhabitants of this country and not simply the members of BELA. BELA as a registered association of lawyers, propagates the rights of the people of Bangladesh and champions their cause to enjoy their ..Category: Environmental Law | Date: | Hits: 345
....y under Or. I, r. 10(2) C. P. Code to be impleaded as a party to the suit”.
8. The learned Advocate lastly submits that the Court of revision below after considering the materials on record and provisions of law rightly allowed the revision which calls for no interference by this Court.
9.......are exercising their right, title and possession in suit land, but the Court of revision below without considering such facts reversed 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 t..
Category: Property Law | Date: | Hits: 27
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....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. ......ench of High Court Division in Writ Petition Nos. 2051 & 2201 of 2001 discharging both the Rules. 2. Both the petitions are disposed of by this judgment as the same involve common questions of law and facts. 3. The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is..Category: Property Law | Date: | Hits: 23
Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....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. ...... connection with the judgment passed by the Special Judge is only male member to look after his wife and newly born baby. The other surviving member of his family i.e. sister of the respondent is a law student in the University of Middlesex in the United Kingdom and therefore, the family of the ..Category: Criminal Law | Date: | Hits: 51
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....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. ......is barred by limitation and it is bad for defect of parties. It has also been contended that the pre-emptor is not a co-sharer in the case land and as such the pre-emption case is not maintainable in law. It has been further contended that the disputed sales were not sales proper but these were cond..Category: Property Law | Date: | Hits: 22
....appeal and an application under section 5 of the Limitation Act had been presented for condonation of the said delay.
6. Learned District Judge by his order No.2 dated 1-2-1999 admitted the appeal provisionally, called for the record, issued notice upon respondents and stayed operation of the jud......ue), Assistant Commissioner, Land and other employees would not be aware of the fact of the suit or could not collect information about the suit. Learned appellate Judge took view that the purpose of law of limitation and public policy would be jeopardized if on taking lenient view delay of three ye..
Category: Limitation Law | Date: | Hits: 152
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. ......ossessors of 20¼ decimals of land by way of inheritance and purchase. The defendant Nos.16-19 prayed for saham for 4¼ decimals of land claiming ownership and possession through inheritance from the lawful owners. 5. The plaintiffs examined three witnesses and the defendant No.13 examined two wi..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....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.......deed on payment of a sum of Taka 26,572.25 to the Government-defendant or the amount which the Court may assess as the valuation of the land measuring 196.87 sq. yards (730.20 minus 533.33) under the law and equity. 5. The petitioner as plaintiff instituted the lawsuit on the following averments:..Category: Property Law | Date: | Hits: 44
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....ed an application of a fugitive but also allowed him as opportunity to surrender before it in its writ jurisdiction. 3. We fail to understand in the fact and circumstances of the case under what provision of law the High Court Division could entertain the said writ petition arising out of a cri...... Civil Petition for Leave to Appeal No. 36 of 2009. (From the order dated 8-6-2008 passed by the High 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 ..Category: Anti-Corruption Laws | Date: | Hits: 266
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....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. ......e those 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 ..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
....d time violating the customs of Hindu religion. A salish was held over the matter but the same was ended without any result. Then the plaintiffs filed the Family Suit for maintenance according to the provisions of Family Courts Ordinance, 1985. 3. The defendant contested the suit by filing wr......no such provision for granting past maintenance and as such, the decisions of the High Court Division and the Courts below is an error in the impugned decision which cannot be sustained in the eye of law. The learned Advocate further submitted that from Section 5 of the Family Courts Ordinance, 1985..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....espondents have violated the order of injunction, the remedy of the appellant lies under Order 39 Rule 2(3) of the Code of Civil Procedure but the plaintiff-appellant instead of resorting to the said provision has filed the application under section 55 of the Specific Relief Act, and the courts belo......or accommodation when such co-sharer made such constructions at his own risk and peril. 7. It was urged on behalf of the appellant that the learned Single Judge of the High Court Division erred in law in interfering with the concurrent findings of the Courts below relying on the principle of doct..Category: Property Law | Date: | Hits: 84
....ladesh Constitution. Dr Hamid referring to Article 11 of the Constitution submits that Article 11 of the Constitution is subject to the restriction of clause (2) of Article 8 of the Constitution. The provision of 8(2) shows that the principles laid down in Part II shall not be judicially enforceable...... Court by the President of the Republic pursuant to the authority vested in him by Article 95(1) of the Constitution.
3. The petitioner No. 1 is engaged in the legal profession as a practicing lawyer since 1995. The petitioner No. 2 claims to be a social worker and a serious human rights acti..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... and the petitioner was not notified as to the same. However, he came to learn about the same on 23-8-2000 from the Notice Board of the office of the FBCCI. Thereafter, in compliance of the necessary provision of the Memorandum of the Articles of Association of the FBCCI, he went to the Arbitration ......y provision of the Memorandum of the Articles of Association of the FBCCI, he went to the Arbitration Tribunal of FBCCI under section 12 of the Trade Organisation Ordinance, 1961 which is the guiding law for the purpose. The Arbitration Tribunal, according to the petitioner, did not make any decisio..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. ......y both the Courts below and both the Courts have allowed pre-emption in respect of pre-emptee Nos. 1-4 excluding pre emptee No. 5 and therefore allowed a partial pre emption which is not permitted in law. 11. AS Md Ramzan Khan, the learned Advocate appearing for the pre-emptor opposite parties su..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....ecause he could do so without difficulty or inconvenience, and for the prosecution it will be well-nigh impossible or highly inconvenient to throw any light on such a matter. However, by invoking the provision of section 105 or 106 of the Evidence Act the prosecution can not relieve itself of its du......t, confessional statement of the convict appellant, inquest report, post-mortem report, evidence and the impugned judgment and submits that the impugned conviction and sentence are not sustainable in law as there is neither any direct nor circumstantial evidence connecting the convict appellant with..Category: Criminal Law | Date: | Hits: 27
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. ......tion by suppressing this fact they filed Title Suit No. 116 of 1999 before the learned Subordinate Judge 1st Court, Dhaka. It is contended that in injunction matter which is highly discretionary. The law enjoins that the persons seeking injunction must come with clean hands. But here in the present ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....t at the time of hearing of the Case. 14. This sub-section (2) was inserted in the Code of Criminal Procedure by Ordinance No. XXIV of 1982. The intention of the legislature for inserting such provision is clear, that the police officer who has investigated the Case shall be responsible for t......that two men in plain clothes identifying themselves as relatives of the main accused in the Case, Inspector Ziaul Hasan, went to her residence and offered taka ten lac to withdraw the Case; that the lawyer and the brother came to her and asked her to change her story slightly in Court in exchange o..Category: Criminal Law | Date: | Hits: 189
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