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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....llant he did not hesitate to pollute the stream of justice to secure his selfish end. A lawmaker when breaks the law, he becomes the worst law breaker. Such is the case of HM Ershad. 165. Every public office is a public trust, but a judicial office is more than that- it is a sacred trust. It ......constitutional. To settle Constitutional questions only one institution is capable of doing so. That is the Supreme Court. A free independent Court is the only wiry to settle Constitutional issues peacefully. And before a Constitution is written all parties, the people, the bureaucracies, the pa..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....1953 under which RAJUK has been constituted. Preamble of the said Act provides- “Whereas it is expedient to make provision for the development, improvement and expansion of the Capital of the Republic and Narayanganj and Tongi Municipalities and certain areas in their vicinity by opening up co......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.   ..

Category: Property Law | Date: | Hits: 55

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....tatement of intent. But if the published policy is to be changed then the person to be adversely affected a by such change should be given full and serious consideration when there is some overriding public interest justifying the new departure. Decision in the case of Attorney-General of Hong Kong ......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7...

Category: Civil Law | Date: | Hits: 92

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

.... Ed. This Case is also Reported in: 53 DLR (2001) 365.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....s and decisions of the learned lower court and we find that the learned lower court took final decision on octroi Rules basing 2(i) (f) as well as Exhibit 9 a letter of LGRD Ministry of the Peoples Republic of Bangladesh and also relied upon a letter dated 9-3-1979 of the Divisional Commissioner, Kh......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)

....88 of the Deputy Commissioner, Habiganj, exhibit-9, and the final decision of the Ministry dated 21.9.88, exhibit 7, found that the defen­dant No.4, the Deputy Commissioner Hobiganj, considering the public inter­est and local convenience gave his opinion to set up the permanent office of the union...... decision and there is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541...

Category: Civil Law | Date: | Hits: 72

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....on of criminal justice would collapse and no member of the society will be safe. It must also be remembered that the fugitives generally do not come out in the open, out of fear of the police and the public in general but once they are enlarged on bail, instead of feeling shy, they without the fear ......ing killed or molested is not only the Constitutional right of 150 million ordinary people of Bangladesh but is happened to be their birth right. The people of Bangladesh has a right to die a natural peaceful death and not being hacked to death by a chinese axe and other weapons as alleged in this c..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....f this Court, who was present at the relevant time in the Court filed an application for taking appropriate action against the Upazila Education Officer. The learned Advocate became the petitioner in public interest. Consequently, the swearing of affidavit on the application was dispensed with and t......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..

Category: Constitutional Law | Date: | Hits: 201

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....osite parties in getting his case adjudicated in the manner they liked is highly impermissible. Miscellaneous Case No.13 of 1987 under Order 9, rule 4 was based upon misconception of law. No litigant public can be allowed to get his affairs settled in the manner he wishes. Every access to justice mu......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...

Category: Procedural Law | Date: | Hits: 83

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....s directed to prepare a panel through Advisory Committee for grant of permanent licence of Nikah Registrar and to send the same immediately to the Ministry. District Registrar accordingly published a public notice in the newspaper on 24-7-95 inviting application from the candidates fixing 15-8-95 as......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....he purpose of restoring maintaining status quo. In Babul Kanti Das Vs. Abul Hashem, 47 DLR (AD) 6 it is stated that such an action is not only a concern for the private parties but also a concern for public policy in the interest of administration of justice. 22. The law is now settled that such ......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. ..

Category: Civil Law | Date: | Hits: 84

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... facts of the plaintiffs' case were that the suit land along with other lands origi­nally belonged to Rash Behari Nandi Chowdhury and his other co-shares in their maliki right and while they were in peaceful possession of the same they set­tled the suit land and other lands to Shahar Ullah and fou..

Category: Property Law | Date: | Hits: 28

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....ting, inter alia, that the original owner of the suit property was Meer Mohammad Ali who executed and registered a deed of waqf in favour of Sikkatuly Mosque, the same was enrolled vide EC No.2030 as public waqf under Bengal Waqf Act, 1934. One Shahabuddin was appointed Mutwalli by the court in Case......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484...

Category: Property Law | Date: | Hits: 24

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....strained to pray for directing the mutwalli Motahar Hossain Chowdhury at least to cross-examine petitioner's witness No.2 Ahamadar Rahman Siddique, the local elected Ward Commissioner, because due to public function, the said witness may not appear before the Administrator of Waqf on the next dates ......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...

Category: Trust/Waqf Law | Date: | Hits: 185

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....m the petitioner and other financial institu­tions and failing to utilizes/invest the same for running a prospective business like that of the company are palpably to misap­propriate and pilfer the public money and evidently the farce to get the company wound up had been devised and aimed at clear......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....ent: MM Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Tafazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..

Category: Election Law | Date: | Hits: 92

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....protect biological diversity, to take measures on environmental or ecological issues regarding development activities. BELA has been active in the field of environment, ecology and related horizon of public interests since 1991 even before its formal registration as an association. Since its formati......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. ..

Category: Environmental Law | Date: | Hits: 345

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....ioner, 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 years be condoned. Learn......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...

Category: Limitation Law | Date: | Hits: 152

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.......essees on the other hand and the Government-lessor delivered the identified piece of land as shown in the site plan (coloured yellow) of the deed to the lessees (tenants) named above. 10. While in peaceful possession and enjoy­ment of the suit land (a compact land indeed) with a specific Plot No..

Category: Property Law | Date: | Hits: 44

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....e structures. No person to the litigation has any right or authority to flout the order of the Court and if such acts are 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 pois......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. ..

Category: Property Law | Date: | Hits: 84