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Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....h an impending precarious life-threatening situation do we have a choice? We are of the opinion that unless we act quickly disaster will be inevitable. 13. As such, on balance we are left with no alternative but to implement the provisions of law strictly. We have to take the risk of redundancy ....... Mohiuddin Farooque...Petitioner Vs. Government 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 Petit......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. ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....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. ......) 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. Vs......nic condition. It also means a qualitative life among others, free from environmental hazards. This is also one of the basic rights of a human being to live in a healthy atmosphere and constitutional remedy under Art.102 will be available if this basic human right is threatened due to violation of a..Category: Environmental Law | Date: | Hits: 345
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......ed To- Babul Kanti Das and others Vs. Abul Hashem and others, 47 DLR (AD) 14 BLD (AD) 242; Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Dr. Rafi......nued their illegal works which were found by two Advocate Commissioners in their local inspections. 10. Dr. Rafiqur Rahman argues that if the respondents 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 plainti..Category: Property Law | Date: | Hits: 84
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......in Ahmed and others 1 BLC 483; Dr Mohiuddin Farooque Vs. Bangladesh and others 1997 BLD (AD) 1 = 49 DLR (AD) 1; Schmidt and another Vs. Secretary of State of Home Affairs, (1969) 1 All England Law Reports 904; Attorney-General of Hong Kong Vs. Ng Yuen Shiu, 1983 2 All England Law Reports 346; PI Sak......on no evidence at all.
42. On the other hand, writ in the nature of quo warranto is provided by Article 102(2)(b) (11) the Constitution. Quo warranto is regarded as an appropriate and adequate remedy to determine right or title to a public office and to oust one who has unlawfully usurped or ..
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. ......ase is also Reported in: 53 DLR (2001) 179. ...... memorandum of articles of association of FBCCI, as quoted above and in view of the decisions referred to above, passed in similar matters by this Court earlier, the petitioner is not entitled to any remedy in this Case. Therefore, we find no merits in this writ petition and accordingly, it is re..Category: Business or Commercial Law | Date: | Hits: 204
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ...... (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- ......er Court and then the mother moved the High Court under section 491 of the Code. The High Court held that the order was passed by a competent Court and so long the order stands, the mother cannot get remedy under section 491. In another Case reported in 1982 P Criminal Law Journal, page 1029 (Karach..Category: Criminal Law | Date: | Hits: 33
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....he impugned order with jurisdiction and on consideration of the materials on record there is no scope to interfere with the same by this Court. Mr. Oziullah lastly submits that the petitioners had an alternative remedy by way of filing an appeal under section 30 of the Special Powers Act and they ha...... Nesar Ahmed also known as Babul Vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali 49 DLR (AD) 111. Lawyers Involved: Nitai Roy Chowdhury, Advocate—For the Petitioners. Md. Oziullah, Advocate—For Respondent Nos.4-7. AM Aminuddin, Ass......order with jurisdiction and on consideration of the materials on record there is no scope to interfere with the same by this Court. Mr. Oziullah lastly submits that the petitioners had an alternative remedy by way of filing an appeal under section 30 of the Special Powers Act and they having not ava..Category: Criminal Law | Date: | Hits: 101
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. ......Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases Referred To- Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, 29 DLR (SC) 185; Foroze Khan Noon Vs. State 1958 PLD (SC) 333; Fazal Illahi Vs. Crown (1953 PLD FC 35); State of Assam......9 of 1986 will then stand dismissed. Possibly, the petitioner does not intend such a consequence to follow, nor will it be fair to allow it to follow. In such an event the plaintiff will be without a remedy to redress the wrong suffered by him, despite the fact that the trial Court did not hold him ..Category: Civil Law | Date: | Hits: 80
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....d Buildings (Supplementary Provisions) Ordinance, 1985 in the official Gazette dated 23rd, September, 1986 in serial No. 37 at page No. 9761 (16) (Annexure-1). That now having no other efficacious or alternative remedy the petitioner has filed this writ petition. 4. Kh. Mahbub Hossain, the le...... and others……………Petitioner Vs. Bangladesh and others…………..Respondent Judgment June 12, 2000. Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate with Afzal Hossain, Advocate-For the Petitioner. Syed Mahmud Hossain, Deputy Atto......(Supplementary Provisions) Ordinance, 1985 in the official Gazette dated 23rd, September, 1986 in serial No. 37 at page No. 9761 (16) (Annexure-1). That now having no other efficacious or alternative remedy the petitioner has filed this writ petition. 4. Kh. Mahbub Hossain, the learned Advoca..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
.... by their Board of Directors in a meeting held on 23-3-98. The contents of letter amongst others, were waiver of 100% interest and penal interest if the outstanding loan is repaid within 18 months or alternatively waiver of 75% of accumulated interest and 100% penal interest if the loan is repaid wi......sa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs.......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....or eviction of the petitioners and others. 6. Thus being aggrieved the petitioners moved this Court with the writ petition for Rule restraining respondents from evicting them without providing alternative arrangement for their rehabilitation elsewhere and also to declare the Memo dated 8-4-93.........Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases Referred To- Olga Tellis and others Vs. Bombay Municipal Corporation and others and Vayyapuri Kuppusauni and others Vs. State of Maharashtra and others AIR 19......589 wherefrom he shows the observation of the Court to this effect that, “it is well established principle of interpretation that remedial statute should be construed in manner so as to advance the remedy and suppress the mischief or else it would frustrate the legislative intendment”. Learned D..Category: Property Law | Date: | Hits: 60
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......ul Khayer and others, Civil Appeal No. 86 of 1994; Md Shahabuddin Vs. Janata Bank, 41 DLR 94; Rupali Bank Vs. Nazrul Islam, 39 DLR 167. Lawyers Involved: M Khaled Ahmed, Advocate — For the Petitioners. AKM Enayet Hossain, Advocate — For the Opposite Party No. 1. Civ......ng for the defendant Bank, submits that the plaintiff is a worker within the definition of section 2(28) of the Employment of Labour (Standing Orders) Act, 1965, shortly, the SO Act, and as such, his remedy lies before the Labour Court and not before a Civil Court under section 9 of the Code as the ..Category: Administrative Law | Date: | Hits: 165
....ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......jdhani Unnayan Kartipakha (RAJUK) and others 44 DLR 515; Abdus Sattar (Md) Vs. Bangladesh and others 48 DLR (AD).
Lawyers Involved:
Dr Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Petitioners.
Shah Khasruzzaman with MA Mannan, Advocates—For Respondent Nos. 1 &...... petitioner No.2 whereby the whole plan of the house of the respondent No.4 was cancelled by RAJUK and gave him one month’s time for preferring an appeal. The respondent No.4 did not take any legal remedy on the understanding the said cancellation order would apply only to the unauthorised constru..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....om defendants No.2 to 6 before the trial Court the defendants filed an application under Order 7 rule 11 read with order 17 Rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing the law point first. The learned Subordinate Judge by the impugned order dat......LR 709. Lawyers Involved: Alhaj Md. Nurul Huq with Chowdhury Taser Ahmad, Muhammad Nazrul Islam, SM Zahangir Alam, AKM Shahidul Huq, Tania Siddiqua and Ms. Chamon Akhter, Advocates –For the Petitioners. Md. Ozair Farooq with Sheikh Awsaful Rahman and SK Md Morshed, Advocates...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
....e both physically and mentally. The report has further stated that the respondents are releasing the women and children from the vagrant homes along with a sum of Tk.5,000.00 plus a sewing machine or alternatively a consolidated sum of Taka 7,000.00 but such act has resulted in a diabolical fraud of......s Case is also Reported in: 53 DLR (2001) 1.
......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......………………..Petitioners Vs. Nilufar Momtaz and others...................Respondents Judgment March 25, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Abul Ka......utive Officer could issue the impugned letter asking the writ-petitioner to vacate the flat is not understood. In such situation, after rejection of the plaint, the writ-petitioner had no efficacious remedy to protect her possession in the flat and accordingly, she had to move the High Court Divisio..Category: Property Law | Date: | Hits: 26
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ...... Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) a...... He further submits that this court failed to appreciate the facts and circumstances of the case that if the ex parte decree is set aside, the respondent No.1's heirs will not be left without any remedy rather, they would be able to contest the suit on merit, on the contrary, the petitioner is l..Category: Property Law | Date: | Hits: 21
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......ublic of Bangladesh and others…......Appellants
Vs.
Msst. Mostafa Begum………….....Respondent
Order
July 21, 2009.
Lawyers Involved:
Mahbubey Alam, Attorney General instructed by Md. B. Hossain, Advocate-on-Record-For the Appellants.
Abdul Wadu......f the sale deed according to the said decree having no connection with the abandoned character of the property is not binding upon the government and the writ-petitioner not having availed of any remedy before the court of settlement, the writ petition was not maintainable and that the writ peti..
Category: Property Law | Date: | Hits: 21
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......urt
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Saudi Arabian Airlines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi ......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
..
Category: Alternative Dispute Resolution | Date: | Hits: 207
....s of Section-34 of the Artha Rin Adalat Ain, 2003 that the law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of the decretal amount. Civil imprisonment will not exem......
Vs.
Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents
Judgment
April 26, 2009.
Lawyers Involved:
Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner.
Not ......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
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