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Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
.... or sectional diversities; to renounce practices derogatory to the dignity of women; (f) To value and preserve the rich heritage of our composite culture; (g) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to hate compassion for living creatur......d breach of peace. It is submitted that under Articles 37, 38 and 39 of the Constitution the basic democratic rights are guaranteed subject to reasonable restriction imposed by law. In Articles 39(1) freedom of thought and consciousness is guaranteed. Hartal is a historically recognised democratic r...... as “hartal” is unconstitutional and therefore illegal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 hours from 9 February to 11 February 1999 during which six persons died, a police constable Tajuddin who h......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....phold the rights of the citizen and to work for the poor people to give legal support to the helpless people and to build up awareness amongst the people about their rights and activities against the environment etc. Moreover the organization is also working to protect environment and take legal ste......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......as seriously affected the environment and it, involves great public importance. 8. It was stated that millions of people residing in Dhaka and Narayangonj city are depending on the source of water from Buriganga, Shitalakkha and Turag River. Main water supply comes from the above mentioned r......city and River Shitalakkha around Narayangonj City have negative environmental impacts. Not only that, main source of the water for WASA is the river Buriganga and Shitalakkha. Due to high scale pollution of the water of the rivers Buriganga and Shitalakkha, purification of water is seriously h..Category: Environmental Law | Date: | Hits: 344
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ial Court and that of appellate Court are set aside. Let appellant-petitioner Nazir Ahmed, son of late Md. Ismail of 31/7 Block-F, Johuri Mohalla, Police Station Mohammadpur, District-Dhaka, be set free at once if he is not wanted in connection with any other case. Send down the lower Court rec......foils and encashed those cheques by signing on the back side of cheques. The informant told the accused to return the money but he delayed on this and that place and ultimately, the accused fled away from the house of informant in the morning of 5-1-1995. The accused has misappropriated the money pa......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......ndant as per indent had not provided the installation assistance and within 7 days did not start up training Programme according to the terms of the contract and due to non availability of one year free after sale service there has been loss of production to the extent of 50% in average and result......burn Ltd. 33 D.L.R.(AD) at page 298. A.I.R. 1970(S.C) 891. Lawyers Involved: Rafique-ul Huq with Md. Fazlul Hoque & M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is dire......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......avour to place appellant Dablu at ease, dispelled any of the lurking fear, inducement, hope, promise from his mind to enable him If he so chooses, to make statement of his own volition and absolutely free and voluntary statement according to the best dictates of his own inner conscience. The learned......of aforesaid appeal as well as reference. 2. The prosecution case may briefly be put thus: On 25.12.80 at about 23 hours Khondker Nurul Islam father of the informant Ahsanul Kabir returned home from his Ice Factory and after having taken meal went to bed in the northern room of the south facin......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......ow that the prevalent international market price of any particular item is approximate to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of documents annexed by both sides as to on whose side the scale is heav...... writ petition stating that the GI Pipe, which the petitioner imported, do not come with the purview of the impugned notification because description given in the notification is completely different from the description of the pipes imported by the petitioner. It appears that in the declaration on ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......tention of the petitioners that by the amendment so made in the aforesaid 2(two) sections of the Ordinance power of the Arbitrator and the Arbitration Appellate Tribunal to act independently and in a free mind in the matter of assessment of due compensation has been interfered with and consequently,......f the compensation already assessed, be that unjust or arbitrary, by the executive or its staffs. It has also been contended that by the amendment the Arbitrator and the Tribunal have been restrained from exercising their discretion in the matter of considering about due compensation of the land acq......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ...... completed by 31-3-1986 by the purchaser paying the balance of the price and the vendor would execute the sale deed, falling which the earnest money paid would stand forfeited and the vendor would be free to sell the land anywhere. In view of such stipulation, he submitted, the time was made an esse......pondents Judgment August 5, 2003. Lawyers Involved: Mahamudul Islam with Abdul Quayam, Advocates - For the Appellants. Rabiul Alam Chowdhury, Advocate-For the Respondents. Appeal from Original Decree No. 328 of 2001. Judgment Md. Abdur Rashid J.- Defendant No. 1 presented ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......n an assessment of the evidence already on the record. If that evidence does disclose, with reasonable certainty, that an offence has been committed, then the accused should not be allowed to go scot free merely on technical grounds which render the trial itself bad." 18. This principle was follo......nce examined none. 7. After taking evidence and examination of accused under section 343 of the Code of Criminal Procedure the learned Magistrate has been pleased to acquit all the accused-persons from the charges by his judgment and order dated 3 1‑1‑200 1. 8. As against the said judgment......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
....orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitioner filed an application before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (Parbata) Mirpur, Section 1......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......fore expiry of the said period. For installation of the Muri Factory the petitioner made registration in the office of Investment Board, Government of Bangladesh. The petitioner also obtained licence from the Department of Fire Service & Civil Defence, Government of Bangladesh. The petitioner also......ers passed the impugned memo. After receiving the impugned letter, the petitioner on 19‑11‑2002 gave representation to the office of respondent No. 2 to hold an inquiry to ascertain the degree of pollution caused by the factory in question. In the said representation the petitioner categorically..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......ap vessel as per Government Notification No. 15 dated 24‑4‑87 and at the time of allowing such beaching the importer is provided with some facilities in the shape of allowing some items as duty‑free and integral parts of the scrap vessel for facilitating its beaching and only those items excee......hority have levied customs duties at the said rate on the basis of Tariff Value ignoring the auction price which is also illegal and without jurisdiction. Dr. Zahir further submits that it is evident from the confirmation order passed by the Admiralty Court that the ship had no steering and it was i......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
...... which has been granted to the others. Mr. Ahmed has further contended that the impugned orders have been made without any lawful authority and in violation of the petitioner’s fundamental right to freedom of trade, as guaranteed under Article 40 of the Constitution.
5. Article 27 says,
“A......t state functionaries.
2. The petitioner claims to have commenced its commercial production. Its projected annual output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its raw materials from abroad, to dive......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......ondents that in compliance of the Appellate Division’s order they had appointed the petitioner as Special Public Prosecutor under section 492 of the Criminal Procedure Code and the respondents were free to remove the appointment of Special Public Prosecutor under this section “without assigning ......us newspapers containing the allegations that the accused of Session Case No.120 of 1993 had threatened the witnesses of the said case and so the matter went on notice of the Government. Subsequently from the other side there were rejoinders denying the truth of the allegations of threat. On enquiry......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....abitats for thousands of people. It is also stated that the Asian Development Bank (ADB) provided the Government funds for development of urban infrastructure to arrest deteriorating infrastructures, environmental degradation, inner‑city decay and neighbourhood collapse but the Government diverted......otect the health and longevity of the people living in the country as right to life guaranteed under Articles 31 and 32 of the Constitution includes protection of health and normal longevity of a man free from threats of man‑made hazards unless that threat is justified by law. It was further obser......nto a community centre, under the impugned revised part 1/5 layout plan of Section 12, Block A approved by the Chief Engineer, Housing and Settlement Directorate, Government of Bangladesh. It appears from the Layout plan that the said park known as Lai Math has been divided into 52 small plots with ......ction of community Centre and construction for police station in the case land, which is absolutely vested upon the Government, are made. It is further stated that there will not be any environmental pollution, which can do harm to these petitioners and the petitioners brought the false case which i..Category: Environmental Law | Date: | Hits: 259
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ture of the respondent No. 2 which is violative of their fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution. The respondents in order to ensure welfare of the families of the freedom fighters, in particular to recruit them in the service of the Republic, published a notice...... 2003. Judgment MM Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned actions excluding the names of the 292 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respo...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......dditional Deputy Commissioner (LA) had paid the compensation money to the bona fide affected persons and after acquisition the lands in question and other lands in LA case No. 2/87-88 vested in RAJUK free from all encumbrances. The petitioners are neither the owners nor the affected family, as such,......ondent No. 3. Writ Petition No. 6928 of 2001. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applicatio......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......cipated in the working capital financing of the project. It is the claim of the petitioner company that due to natural calamity which took place in the year 1991 and also due to the adverse impact of free market economic policy adopted by the then government rendered the petitioner company a sick pr......tification being issued by the order of the President and for having been published in the Bangladesh Gazette. 9. The learned Advocate next submits that admittedly the petitioner company took loan from the respondent bank. Hence, in default the bank in its turn has the right to recover the said d......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......s a conviction in such a situation, where from the entire evidence on record it is clearly found that the place of recovery of arms and ammunition even though shown by the appellant was an open place free for everyone to enter. 25. In that view of the matter the inevitable and irresistible re......s Act and sentencing him to suffer rigorous imprisonment for a period of 14 years and 7 years respectively and both the sentences to run concurrently. 2. The prosecution case, as it transpires from the deposition of PW 6 Sub-Inspector Matiur Rahman of Kotwali Police Station, Dhaka, who is the......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....LC propounded the broad proposition that the Crown is the ultimate parent of the child, the king, as parens patriae, through the chancellor, will step in and protect the child by removing it from the environment that must make for its undoing. [See Wellesley vs. Wellesley, 2 Russ 1; 2 Bligh NS 124] ...... and frowning paraphernalia like docks and stand and crowds and other criminals marched in and out, are physically traumatic and socially stigmatic, argues in favour of more informal treatment by a free mix of professional and social workers and experts operating within the framework of the law. T......ed and examined in order to substantiate the case against the accused person, whereas the defence did not examine any witness. From the trend of the cross-examination of the prosecution witnesses and from the statement of the accused given when examined under section 342 of the Code of Criminal Proc......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ling joint written statement contending, inter alia, that there was no oral agreement with the defendant No. 1 within their knowledge; that the building as described in Schedule of the plaint was not free from encumbrances as the defendant No. 1 has taken loan of Taka 1,80,00,000 to construct six-st......deed of agreement, will be executed between the seller and buyer on payment of booking money. Such type of agreement cannot be executed unilaterally; that after receiving the said consideration money from the plaintiff, defendant No. 1 requested him on several occasions to execute the agreement for ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
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