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Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ndamental aim of the state to realise through the democratic process a socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;” 17. This paragraph ......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. ......n) 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 (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. V......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
....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......im J
Md. Shafiul Alam and others …… Petitioners.
Vs.
Ajamat Ullah being dead his heirs Sabjan Bibi and others.……Opposite parties.
Judgment
February 23, 2010.
Cases Referred to-
Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317; Abdul Mannan (Md.) Vs. Swaraj R......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. ......ested the Rule by filing affidavit-in-opposition in Writ Petition No.2201 of 2001 stating, inter alia, that the land described in the Writ Petition was acquired in 1958 vide L.A. Case No.11/1958-1959 according to the requirement of former C. and B. Department now Roads and High Ways Department. Sinc...... & Highways & others…........Respondents (In Civil Petition No. 438 of 2006) Land Acquisition Officer & others.........Respondents (In Civil Petition No.439 of 2006) Judgment October 3, 2007. Lawyers Involved: Syed Amirul Islam, Advocate instructed by Md. Nawab Ali, Advo......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. ......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. ......ord-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 Division ...... 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)
....ate Judge was manifestly wrong in refusing pre-emption without carefully considering the facts and circumstances of the Case and the law bearing on the subject, and the same has occasioned failure of justice 8. M A Jalil, the learned Advocate appearing for the contesting opposite parties, on ......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. ...... Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cases Referred To- Abul Hossain and other Vs. Md. Masim Ali and oth......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
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....suit. 10. Learned Assistant Judge by the order under challenge in the Civil Revision petition allowed the same. In recording that order the learned Assistant Judge only held that to secure ends of justice the prayer was allowed. 11. Feeling dissatisfied the defendant petitioner invoked this co......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. ......ed 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except th......ppear to be intelligible. 15. Since the Local Investigation matter was very much pending before the court it was required to be disposed of before peremptory hearing. It is informed by the learned lawyers of both the sides that in view of special consideration the testimony of defendant No.1 as D..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
.... Procedure does not formulate any new doctrine but only a legislative recognition of the well known doctrine and principle, that every Court has inherent power ex debito justitiae and to do that real justice for the administration of which alone it exists. Under Section 151 of the Code all Courts in......t has inherent power ex debito justitiae and to do that real justice for the administration of which alone it exists. Under Section 151 of the Code all Courts including this Court ex debito justitiae according to equity, justice and good conscience. The section does not confer any new power on the c......ion of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of the said Revision cases. The four applications have been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases ar......e plaintiff-petitioner on presentation of an counter-affidavit. In the counter-affidavit it is stated that the defendants-opposite party Nos. 3-5 had amicably settled the dispute in presence of their lawyer who had conducted the Case in the lower court and in pursuance of the settlement filed the co..Category: Property Law | Date: | Hits: 21
....ubstance of the contentions advanced from the side of petitioners is that Government interest being public interest cannot be allowed to suffer for the laches of individuals and to secure the ends of justice the appeal might be heard on condonation of delay.
13. Countering the said contention it ......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183....... of East Pakistan Vs. Abdul Hamid & Darjee, 21 DLR 824; Superintendent of Central Excise, Lyalipur Vs. Ch Faqir Mohammad 10 DLR (SC) 168; Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md Abdul Majid and others 2 BLC (AD) 11; Momtazuddin and anot......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)
....hid and another 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......gs by both the courts the exhibit 1 and exhibit 5 and 5(ka) being registered on the same date on Title passed to the predecessor of the present plaintiffs and saham praying defendants inasmuch as according to the courts below Ayesha Khatun having got the settlement vide registered deed dated 0......ers (In both cases). Mahmud Islam, Senior Advocate, J.N. Deb, Advocate with him instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Civil Petition for Leave to Appeal Nos.1265-66 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These two leave ......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.......y held that the plaintiff could not make out a prima facie case of title and possession 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.......cted 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 High Court......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)
.... Court) this writ petition can not be entertained. In reply to the said submission, the learned Advocate for the petitioner submits that an opportunity may be given to the petitioner for ends of justice. The petitioner should be given a scope to surrender before the Court of law. Considering......m order in utter abuse of Article 102 of the Constitution and the principle of justice. The application at the instance of a fugitive not being entertainable the rule as well must be discharged and accordingly, the rule is discharged. 5. We hope that the High Court Division shall not repeat the...... 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 Division in Wri...... 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. ......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, 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, 2008 passed......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)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......and married second 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 ......s Involved: Md. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 2207 of 2009. (From the judgment and order dated the 19th day of July, 2009 pas......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)
....re allowed then the Courts authority will be undermined to the estimation of the public in general. What a Court of law is concerned with is that it should not permit anyone to poison the fountain of justice before it begins to flow. 9. The views of the learned Single Judge that no co-sharer shou......use and they had started a construction of a new one and they also dug up a ditch towards the northwestern corner and thereby they made the constructions in utter violation of the Court's order and accordingly, directed the respondents to remove the said constructions within 15 days at their own c...... (From the Judgment and Order dated 24th March, 2002 passed by the High Court Division in Civil Revision No. 1221 of 1999) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted to consider whether the High Court Division was justified in interfering with the order of mandatory......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
....e which has adversely affected the independence of the Judiciary, the Bar, the litigants, the lawyers and the feelings of the community and this threat is real. It is asserted that the right to equal justice, equal protection of law and the due process is dependent primarily on the delicate balance ......ents of the advice rendered by Prime Minister to the President but with the appointment of the aforesaid two judges in violation of routine elevation of the judges to the Appellate Division and this, according to him, offended the independence of the judiciary. Therefore, it is clear that they are s......ocate and another……….Petitioners
Vs.
Government of the People's Republic of Bangladesh and others…………Respondents
Judgment
June 3, 2001.
Cases Referred to-
Anowar Hossain Vs. Bangladesh, the Special Issue of BLD 1989 (Para 53 at page 61; Ahsanul...... 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)
....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. ......f 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 decision in the matter and kept it pending. Then he we...... Abu Sayeed Ahammed J Khademul Islam Chowdhury J Abul Khair Morselin (Md) …………………..Petitioner Vs. Bangladesh and others…………………. Respondents Judgment October 17, 2000. Cases Referred To- Mohammad Idrish Vs. East Pakistan Timber Merchants Group, R......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. ......nally belonged to one Rustan Khan and Mulfat Khan in equal shares, that Rustan Khan died leaving behind 2 sons Tozammel and Hafiz Khan who subsequently died leaving the pre-emptors as their heirs and accordingly, the pre-emptors are co-sharers in the Case land by inheritance. The opposite party No. ......t and order dated 28-3-1990 passed by the Assistant Judge, Keraniganj, Dhaka in Miscellaneous Case No. 11 of 1988. 2. The facts, in short, are that the opposite party Nos. 1 and 2 being the pre-emptors filed Miscellaneous (Pre-emption) Case No. 11 of 1988 in the Court of the Assistant Judge, Kera......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)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... 202, 43 DLR (AD) 64A; State Vs. Md Shafiqul Islam, 43 DLR (AD) 92. Lawyers Involved: Habibul Islam Bhuiyan with SM Rezaul Karim, Advocates—For the Appellant. KM Saifuddin Ahmed, Deputy Attorney-General— For the State. Criminal Appeal No. 2150 of 1994. Judgment Md. Joynul Abe......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)
....ed in 41 DLR 262 that material suppression of fact is enough for setting aside the order of temporary injunction. The injunction being a form of equitable relief should be issued in aid or equity and justice and in the present Case the respondents have not approached the learned Subordinate Judge wi......ed 8-4-1999. Wherein respondent No. 3 sent a written objection to the appellant No. 2 against the said notice. That meeting was held illegally wherein the present respondent No. 2 was not present and accordingly, the meeting was adjourned to 28-4-99. Wherein some resolutions were passed removing the......er restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meetings dated 15-4-99 and 28-4-99 of plaintiff No. 1 company and the......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)
....enor and contents of the articles tend to reveal the real facts of a sensational Case and lead the public to believe that even in the Metropolitan Courts of Session, one is highly doubtful of getting justice. 9. The substance of the information furnished in the aforesaid articles are that the......n 26-12-99 citing 26 witnesses before the learned Chief Metropolitan Magistrate, Dhaka. The learned Metropolitan Additional Sessions Judge received the said supplementary charge sheet on 3-1-2000 and accordingly he sent the Case record to the learned Metropolitan Sessions Judge for passing necessary...... Star and Prothom Alo Patrika…………….Petitioners Vs. State………. Opposite Party Judgment January 28, 2001. Lawyers Involved: M Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous (Suo Moto) Rule No. 110 of 2001. ......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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