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Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....aily Star dated 17-4-99 that a survey of eighty Police Officers has found them all to be corrupt, with accumulated illegal wealth worth over Taka 20 crore. Bangladesh Society for Enforcement of Human Rights conducted a survey in the last six months which revealed that the Police Officers earned 600 ......Legal Aid and Services Trust (BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Judgment April 18, 1999 Cases Referred to- Bhim Singh, MLA, Vs. State of Jammu & Kashmir and others, AIR 1986 (SC) 494; Rendal Sah V...... conduct of the law enforcing agency within the framework of law in order to check the erosion of values in the society as now-a-days the person in authority is obliged to protect/defend the right to life and property which are being violated by the selfsame agency demolishing the value as to sancti..Category: Criminal Law | Date: | Hits: 106
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreemen......lease. But the lease was not renewed. Dispossession must be deemed to be from that date 31-05-96. There is no scope of deeming in respect of possession and dispossession which are very real things in life. In view of clear cause of action as averred in the plaint to have arisen on 01-06-96, there is..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs. Union of Indi......Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution. 2. Short facts leading to this Rule are that ..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....y every one to be Supreme. No one debates the supremacy of the Courts. 160. Nixon lost Power because of a Court decision. Jeremy Thorpe, the leader of Liberal party, was brought to Court, Civil Rights of minorities or individuals are protected by the Courts. 161. It is often forgotten why......ation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything tha...... does not deserve to get any leniency in the matter of sentence. But we came to know that she has a boy and a daughter and if both the guardians of the family be in prison for one month the family life of the children will be disrupted and great inconvenience will be caused to the children for ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......he instance of the petitioner Md. Mohshinul Islam allottee of plot No.32 of Deed No.6 Section No.4, of the Uttara Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been m......ng health and hygiene of the habitants of the area providing open space with garden. Trespassers cannot be allowed to occupy the same on the plea of their indispensable accommodation to protect their life to the detriment of health and hygiene of the inhabitants of the area and the Corporation is un..Category: Property Law | Date: | Hits: 55
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......ndra Nath Nondi, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent Nos. 1, 3 and 7-11.
Not represented- Respondent Nos. 2, 4-6 and 12-53.
Civil Petition for Leave to Appeal No.63 of 2009.
(From the judgment and order dated the 13th day of October, 2008 passed ......land to the plaint; that Thakur Das died leaving two sons Rasaraj and Basanta and Basanta died leaving only daughter Matangini who gave birth a son and Matangini enjoyed the property of her father as life interest; that after the death of Goyanada the life interest in the land of lot Nos.1, 3, 4 of ..
Category: Property Law | Date: | Hits: 58
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdul Ma......the enactment of the Constitution. The Constitution only strengthened those established legal duties of the police, so that ordinary law abiding people of Bangladesh can run their normal avocation of life without being afraid of their life and limb. This security from being killed or molested is not..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....te have been set out in reports of the United Nations Special Rapporteur on Violence against Women, which are summarized below: .... As a party to the International Covenant on Civil and Political Rights (ICCPR), Bangladesh has agreed to bar interference with the right to privacy (Article 17) and......………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule is disposed of with directions. Cases Referred to- HM Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 19...... of any employment or office in the service of the Republic. Sub-article (2) of Article 28 specifically provides that women should have equal rights with men in all spheres of the State and of public life. Sub-article (4) of Article 28 provides that nothing in this article shall prevent the State fr..Category: Constitutional Law | Date: | Hits: 201
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......der Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
October 30, 2000.
Cases Referred To-
Delwar Hossain Vs. Mvi Abdul Jalil Chowdhury and others, 22...... that the new claim of the plaintiff is prima facie barred by limitation. If the proposed amendment is allowed the amendment will go back to the time of institution of the suit, thereby, giving a new life to the time-barred claim of the plaintiff, depriving the opposite party of a valuable legal rig..
Category: Civil Law | Date: | Hits: 91
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ...... Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Appellant. Syed Abu Kowser, Assistant Attorney-General with Khandaker Mahboob Alam, Assistant Attorney- General—For the State. Crim......n dated 14.9.92 passed by the Sessions Judge, Patuakhali in Sessions Case No. 16 of 1992 convicting and sentencing the accused appellant under section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 2,000.00 in default to payment of fine to suffer imprisonment for 2(t..Category: Criminal Law | Date: | Hits: 38
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
...... Reja, 47 DLR 170; Renu Begum Vs. Kazi Liakat Ali, 50 DLR (AD) 142; Abdul Barek Vs. Serajul Islam, 20 DLR 501; Abdul Jalil Vs. Abu Baker Siddique, 35 DLR (AD) 42; Barada Sundari Paul Vs. Assistant Custodian, Enemy Property and others; 15 BLD (AD) 95 in para 23; Razia Begum Vs. Shahebzadi Anwara Begu......the facts of the case demand such action. In the case of Md. Ashid Ali, 22 DLR 694, it was so held that such power is rarely exercised and could be used only when there is an imminent grave danger to life o property or for the purpose of restoring maintaining status quo. In Babul Kanti Das Vs. Abul ..
Category: Civil Law | Date: | Hits: 84
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......l Karim J
Md. Joynul Abedin J
Md. Abdul Matin J
Abu Nayeem Mominur Rahman J
Md. Yusuf Chowdhury……………….......Petitioner
Vs.
The Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000 and Others…….....Respondents
Judgment
November 8, 2009.
Law......d 2 (two) sons and 3(three) daughters through his second wife, namely (a) Abul Hossen Chowdhury, (b) Ekhlasur Rahman Chowdhury, (c) Mazuma Khatun, (d) Rowshan Jamal and (e) Tahmina Khatun. During the life time of Wakif, his daughter Tahmina Khatun died before marriage. The Wakif Tofazzal Ali Chowdhu..
Category: Trust/Waqf Law | Date: | Hits: 185
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....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. ......ent of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ Petition No. 891 of 1994 Order In this matter earl......ovisions of Environmental laws meticulously in its letters and spirit, there shall be no river, no water left in and around Dhaka and it will be a dead-city very soon. In such an impending precarious life-threatening situation do we have a choice? We are of the opinion that unless we act quickly dis..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....h 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. State of UP AIR ......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...... public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; ……………………………………………………..………………………..Category: Environmental Law | Date: | Hits: 345
Abul Hossain Vs. State, 2008, 37 CLC (AD)
.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134................Respondent Judgment July 24, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by the High Cou......7 of 2003 with Criminal Appeal No.1794 of 2003 and Jail Appeal No.796 of 2003, rejecting the death reference, upholding the order of conviction and commuting the sentence of death to imprisonment for life and dismissing the Criminal Appeal No.1794 of 2003 and Jail Appeal No.796 of 2003 against the..Category: Criminal Law | Date: | Hits: 45
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....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. ...... 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......2(2) of 2007, corresponding to Anti-Corruption Commission GR No. 11/2007, convicting the respondent herein under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of taka 6,70,00,000 (Six crore and seventy lacs) only, in default to suf..Category: Anti-Corruption Laws | Date: | Hits: 266
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. ...... 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......ional Sessions Judge, Second Court, Tangail in Sessions Case No.6 of 1992 convicting the convict appellant Hasmat Ali under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for a further period ..Category: Criminal Law | Date: | Hits: 27
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....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. ...... 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. ......The newspaper is the best means through which the Government may know its defects in administration and so correct its ways for well-being of the people. It is one of the very important things in the life of a civilized nation. It is the medium through which public opinion expresses itself. The pres..Category: Criminal Law | Date: | Hits: 189
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No. 8 under Order IX, rule 9 of the Civil Procedure Code, it was ordered to be restored to its original file and number in the Miscellaneous Case No. 17/1990. While ordering...... of the impugned Judgment and order, the expunction of which has been sought by the petitioner. However, if the impugned judgment and order is set aside in its entirety, it will activate and bring to life the dismissal order dated 1-8-90. The Title Suit No. 49 of 1986 will then stand dismissed. Poss..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....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. ...... Present: MM Ruhul Amin J Md Abdul Wahhab Miah J Abdul Abedin Abdul ………Petitioner Vs. State…………………..Opposite Party Judgment October 1, 2000. Lawyers Involved: Moudud Ahmed with Maharunnessa, Advocates—For the P......ch has been supplied by the British Authorities in bundles, show reasonable ground to hold that the petitioner has committed such an offence for which he may be sentenced to death or imprisonment for life for which he is not entitled to be released on bail. The matter is in the inquiry process in th..Category: Criminal Law | Date: | Hits: 87
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