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Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....lear to us that all the shipbreaking yards withÂin Bangladesh are operating without any clearance certificate and are, therefore, operÂating illegally. 64. In the above circumstances, we have no alternative but to direct that the Department of Environment take immediate steps to ensure closure ......2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with M. Iqbal Kabir, Advocate - For the petitioner. Ms. Syeda Rizwana Hasan, Advocate - In person. Md. Nazrul Islam......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....t if the petitioner failed to get any interim order of injunction, and in the event of disposal of the property, the arbitration itself will become fruitless and of no use and the very purpose of the alternative dispute resolution will be frustrated. Since there is a provision for interim injunction...... if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......t public and a Court of law shall only uphold those laws if necessary, by proÂpounding and explaining the provisions as and when necessary in given circumÂstances, but it cannot create new right or remedy or give itself a jurisdiction which is not given in the Act itself." 10. In this connectio..Category: Alternative Dispute Resolution | Date: | Hits: 506
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......; Srimati Nirode Bala Deb Roy Vs. Monmohan Datta and others, 6 DLR559; Amina Khatun Vs. Anser Ali, 40 DLR 389. Lawyers Involved: Md. Asaduzzaman, Advocate with Md. Raziuddin Sarwar, Advocate - For the petitioner. Abdul Quayum, Advocate with Md. Ali Reza, Advocate - For the opposite pa...... party Nos. 1(a)-(k) opposes the Rule and submits that the aucÂtion was held on 01.08.1962 but the plaintiff accrued the interest in the suit property on 17.06.1982. He adds that the plaintiff had a remedy to set aside the auction sale under section 23 of the Public Demand Recovery Act if his inter..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... brothers have been brutally murdered in brought day light in between 11-11/30 A.M. and 5 accused-persons have been awarded capital punishment, as such, either in confirming their sentences or in the alternative, the depositions of the witnesses and other materials on record should be look into very.......141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an inf......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)
.... the offence……………………………………(39) Circumstantial evidence In the absence of any direct evidence to prove the charge under section 304 part-1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial eviden......Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particu...... 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
....me i.e. prior to 28‑4‑1998, the government did not receive any application from any foreign party showing interest for setting up of container terminals at Patenga and hence the government had no alternative but to consider the unsolicited offer of the respondent No. 8 and in support of his cont...............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are i...... initiated in a Court of law for the enforcement of rights and interest of the citizens in general or a section thereof. The judiciary is to play a vital and important role not only in preventing and remedying abuse and misuse of power but also to eliminate injustice. It must not be forgotten that t..
Category: Others | Date: | Hits: 113
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. ......t. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... law which so continues to exist." 18. In the Garikapati Veeraya, the Supreme Court of India held on change in law and abolition of Federal Court on such right of appeal. The legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected..Category: Fiscal/Taxation Law | Date: | Hits: 171
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
...... jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, mala fide and arbitrariness. Civil Court under section 9 of the Code of Civil Procedu......etition and submits that a worker who has been retired would seek redress under the provisions of Payment of Wages Act for realisation of his benefits consequent upon retirement. He submits that if a remedy has been provided under any other law, it created an implied bar to a proceeding under the Co..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....iff filed two separate G.D. entry being No.1059 dated 15.6.98 and 1188 dated 17.6.98 respectively in the local Sabujbagh Police Station against the defendants and finally the plaintiff found no other alternative to take shelter of the Civil Court by filing this suit for permanent injunction against ......……………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....to be credible and the same is consistent with FIR also. So, if we consider the confessional statement of Delowar Hossain along with the eviÂdence of P.Ws.1, 2, 3 and 4 there would have not betÂter alternative but to find him guilty under section 396 of the Penal Code. 46. The trial Court found......10 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 dacoity is also daco......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated 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
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Ch......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ions reported in Government of Bangladesh Vs. Iqbal Hasan Mahmood, 13 MLR (AD) 333 = 60 DLR (AD) 147 and Nesar Ahmed Vs. Bangladesh, 49 DLR (AD) 111 on the ground of maintainability of writ even when alternative remedy is available.
6. Mr. Abdus Samad Kamal, the learned Deputy Attorney-General, o......ial Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule......cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and conditions of any person in the service of the Republic requires him to take recourse to the specific remedy provided in Article 117 of the Constitution i.e. his grievances to that effect have to be mad..
Category: Administrative Law | Date: | Hits: 494
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......t Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Resu......e language of the enactment; Sayad Mir Ujmuddin Khan Vs. Ziaulnisa Begum, (1879) ILR 3 Bombay 422 PP. 430, 431 (PC). The words of such a statute must be so construed as to give the most complete remedy which the phraseology will permit; Gover’s Re. Coal Economising Gas Co. (1875)1 ChD182, p. ..Category: Constitutional Law | Date: | Hits: 466
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one of......minal breach of trust. In the transaction of loan, the loan giver does not hold any control of the loan amount and, as such, it constitutes no breach of trust. If there is any breach of contract, the remedy is in the Civil suit and that no criminal case would lie against the accused-petitioner for v..Category: Criminal Law | Date: | Hits: 92
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can direct implementation of the recommendation made by the......gladesh Sick Industries Association. Thereafter, the petitioner and that Association approached before the Prime Minister of Bangladesh in the matter and the Prime Minister assured them of a suitable remedy. Then, the Ministry of Industries constituted a Committee in the name of "Sick Industries Reh..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ...... Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt.......ver contends that the execution of an ex parte decree does not render the application for setting aside the ex parte decree infructuous, for, even after execution of the decree the petitioner has got remedy by way of restitution under section 144 C.P.C. and in support of this contention, the learned..Category: Procedural Law | Date: | Hits: 133
....
Vs.
Controller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of appeal is available in law, without preferring appeal, the writ is not ......e writ is not maintainable.
Cases Referred to-
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed, 48 DLR (AD) 33; Registrar Vs. Zakir Ahmed, 16 DLR (SC) 722; Suresh Koshy George Vs. University of Kerala and others, AIR 1969 page 198.
Lawyers Involved:
M Aminul ......ntroller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of appeal is available in law, without preferring appeal, the writ is not maintainable..
Category: Constitutional Law | Date: | Hits: 300
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....he implication of law and illegally held that the property is an abandoned property after the property being released by the appropriate authority, namely, the SDO, Dhaka. The Government has no other alternative but to restore the possession of the property to the real owner. We find substance in th...... February 12, 1998. Result: The Rule is made absolute. Abandoned property The property even if legally enlisted as an abandoned property and if the same be released by the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned p......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
....sentation not only by the respondent No.5 but also by the writ petitioner, since a copy of Annexure-E was also served upon him to which he did not respond. The respondent No.2 therefore, had no other alternative to enforce the terms of the privatization agreeÂment then to cancel the Annexure-C, whi......rged.
Principle of natural justice
The principles of natural justice that no person be conÂdemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....ontract, the contract could not be completed till the said employment voucher, passport and air ticket had been procured and made over to the vendor within five months of the date of contract. In the alternative, it may be said that the contract would be matured if the plaintiff performed his part o......…………. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific pe......a right arises from its terms in favour of either party against the other, while the corresponding obligation rests upon each towards the other and also that either party is entitled to the equitable remedy of a specific execution of such obligation against the other party. It is not sufficient that..Category: Civil Law | Date: | Hits: 138
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