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....of environment and ecology through its various sincere and devoted endeavors. It has protected public interest against environmental anarchies and significantly contributed to promoting environmental justice through a serious of persistent and well-designed activities. Since its inception, BELA has ...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Dr. Mohiuddin Farooq Vs. Bangladesh, (1997) 49 DLR (AD) 1; Rural Litigation and Entitlement K......cle 102 of the Constitution of the People's Republic of Bangladesh, a Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed in line with the applicable laws and rules as mentioned in the cause title to protect the rivers Piain, Dawki and Dhala flowing ..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....e suit property who has right, title and interest in the suit property but both the Courts below wrongly found that the existence of Bilkis Khatun could not be proved which resulted in the failure of justice. Mr. M. A. Quayum, the learned Senior Advocate further submits that both the Courts below fa......s heirs Abul Kashem and Abeda Khatoon transferred the suit property to one Yakub Ali contractor, although another co-sharer namely Bilkis Bagum did not transfer her share to Yakub Ali contractor. But according to kabla dated 17.7.61 Yakub Ali contractor claimed entire portion of land measuring 1.66 ......€¦.Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial an......plaintiff-petitioner failed to show that if injunction is not granted that would cause irreparable loss and injury to her and the balance of convenience and inconvenience is in her favour. 10. The law is now well settled that in order to get an injunction the applicant has to show that she has a ..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....under Sessions Jurisdiction of District, Comilla and as such the Sessions case No.315 of 2004 should be transferred from the Sessions Judge, Comilla to Sessions Judge, Brahmanbaria in the interest of justice otherwise the accused petitioners will be seriously prejudiced. 3. Mr. Harun-or-Rashid, t......ellation of bail and the learned Sessions Judge upon consideration of the materials on record fixed on 22.01.2004 for framing of charge and kept the application for cancellation of bail in record and accordingly, for all these reasons the innocent petitioners have reasonably apprehend that they will......with Harun-or-Rashid, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No.10506 of 2004. Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.294 of 2004 un......iry report the learned Magistrate, 1st Class, Comilla took cognizance under section 448/385/527/506 of the Penal Code and issued process against the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. A..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....was made against the accused petitioners in the FIR but the allegations made in the charge sheet is preposterous which is nothing but an abuse of the process of the Court and for securing the ends of justice the proceedings in G.R. No.697 of 2000 is liable to be quashed. He submits that the statemen......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......asud and others……………………Petitioners Vs. The State……………………….Opposite Party Judgment March 28, 2007. Result: The Rule is discharged. Cases Referred to- Liton Vs. State and others, 48 DLR (HCD) 102; Abdul Quader Chowdhury and others Vs. The State...... Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his father-in-law of Kashipur, Chahutpur, About this incident the informant's brother-in-law Md. Alauddin register..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
.... 302/34 of the Penal Code while awarded death sentence to the appellant Moinuddin. In these circumstances, we think sentence of impriÂsonment for life instead of death sentence will meet the ends of justice. 45. In the result, the Death Reference No.56 of 2003 under section 374 of the Code of Cr......has been further alleged that out of previous enmity with regard for giving evidenÂce against the accused persons in a dacoity case, they became inimical to Abdul Motlib (uncle of the informant) and accordingly, in a pre-arranged plan they committed the crime. 4. Police after completion of the u......03 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorney-General with Md. Iqbal Hossain, Assistant Attorney-General with Mahfuza Begum, Assistant Atto......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....ound that the resolution dated 14-6-1997 does not show that the plaintiff was given an opportuÂnity of self-defence and that the order of removal of the plaintiff is against the principle of natural justice. Trial Court relied on the decision in the case of Rafiqul Alam Vs. Secretary, Ministry of W......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......(HCD) (2008) 63. ......and others reported in 49 DLR 456. 8. Mr. JK Paul, the learned Advocate appearing for the petitioner, submits that the trial Court rightly dismissed the suit but the appellate Court below erred in law in decreeing the suit setting aside the Judgment and decree of the trial Court erroneously withÂ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....t Authority respondent No.2 stating that on the date of final hearing, the learned Arbitrator without hearing the petitioner pronounced his Judgment (award). In view of such circumstances for ends of justice, the petitioner requested the respondent No.2 to fix up the arbitration matter again for hea......ltimately respondent No.4 after completion of 98% of the work illegally cancelled the aforesaid contract on 15-10-1993. The work of construction of the Equipment Workshop and Garage was completed and accordingly respondent issued completion certificate on 5-12-1990. As per terms of contract the resp...... Islam…………………….Petitioner Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil pet......uipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and comÂpleted by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders passed as to this Court may seem fit and proper...Category: Alternative Dispute Resolution | Date: | Hits: 96
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....al proceeding, it will be unnecessary harassment to the innocent petitioners as well as an abuse of the process of the Court and hence the impugned proceeding must be struck off to secure the ends of justice. 10. So, in the background of such facts of the case made here-in-above, we have no hesit...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......Judgment February 6, 2007. Result: The Rule is made absolute. Lawyers Involved: Nasima Khatun for A. M. Mahbub Uddin, Advocate - For the petitioners. Md. Anisur Rahman, Assistant Attorney General - For the opposite party. Criminal Miscellaneous Case No.8625 of 2003. Judgmen...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....s set out in this section and the High Court Division may in appropriate cases exercise its extra-ordinary power under this section to prevent the abuse of the process of the Court or to meet ends of justice. Provision of this section cannot be inÂvoked by a person after becoming un- successful in ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......……………………Petitioners Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim...... accused persons on the expiry of the statutory period of limitation ought to have been released under sub-section (4) of section 339C of the Code of Criminal Procedure, that there is no provision in law for the investigating Officer to split up the charge sheet, that the statutory period of limitat..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......dged a first information report with the business in Khulna Town; that as per the said secret information, CID constable No. 63 Md. Matiar Rahman was deputed as purchaser of forged currency notes and accordingly he was placed in room No. 25 of Hotel Aram; that henceforth the informant accompanied by...... Haque J Yunus Ali and another.....................Appellants Vs. State ………………..Respondent Judgment March 27, 2008. Result: The appeal is dismissed. Cases Referred to- MM Rafiqul Hyder Vs. State, 41 DLR 274; State Vs. Ershad Ali Sikder, 56 DLR 185; Md. Abdus Sa......ssion of the accused appellants by reliable and independent witnesses and that the mandatory provisions of section 103 of the Code of Criminal Procedure have not been complied with in accordance with law. It is further submitted that investigation of the case is highly defective and doubtful; that t..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ........................Opposite Parties Judgment March 10, 2011. Result: The Rule is disÂcharged. Lawyers Involved: No one appears - For the Petitioners. Biswojit Roy, Deputy Attorney-General with Md. Moniruzzaman, Assistant Attorney-General with Kazi Mahmudul Karim, Assistant......TR No.149 of 1992) framing charge under section 493 of the Penal Code against the petitioner. 2. Facts, in brief, are that the petitioner cohabitÂed with the prosecutrix deceitfully her belief of lawÂful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, c..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ndent capacity they have by now acquired a registered lease deed in their favour in respect of 2 1/2 kathas of land. 26. In view of what has been started in above, we find substance in the appeal, accordingly, the same is allowed without any order as to costs. Consequently, the impugned Judgment ......n) Present: Nozrul Islam Chowdhury J Jahangir Hossain J Ashek Ali (Md.) and others……………Appellants Vs. Abdul Gaffar & others……………Respondents Judgment October 27, 2010. Result: The appeal is allowed. Cases Referred to- Ghulam Muhd. Shah Vs.......sed further that Nazar Ali had no saleable interest at the time when he had entered into the said two contracts for sale in favour of Jahanara, therefore, the same is not at all enforceable under the law. It is also submitted by Mr. Moshiul Alam that the instant suit is also hit by secÂtion 17 of t..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....pleadings of the parties and the prayer of the plaintiffs in the suit, the learned Additional District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice in holding that intricate quesÂtions of title are involved which cannot be adjudicated in s......(Ordinance No.XXIII of 1965) in exercise of his power under clause (4) of Article 30 read with clause (2) of Article 131 of the ConstituÂtion. It authorised the Central Government to frame Rules and accordingly, the Defence of Pakistan Rules, 1965 were framed. Rule 161 of the Defence of Pakistan Ru...... Vs. The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property......e. Mr. PC. Guha, learned Advocate appearing for the petitioners assailed the decision on various grounds. It is first contended that the learÂned Additional District Judge has misdirected himself in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstan..Category: Property Law | Date: | Hits: 64
....requirements in a suit for perpetual injunction unnecessarily traveled into their title with adverse remark and thereby committed error of law resulting in an error in decision occasioning failure of justice.
8. In support of his contention Mr. Biswas refers to the case of Satish Chandra Barua Vs...... Sudhir Kumar Nath, who also entered into an agreement for sale with the plaintiffs and on receipt of earnest money, inducted them into possession thereof on 8th Sraban, 1380 B.S. Two sale deeds were accordingly executed on 7.3.1975 and 13.3.1975 and were registered on 15.3.1975 on payment of the ba......................Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Jessore and another…………….Opposite Parties
Judgment
October 2, 2012.
Result:
The Rule is discharged.
Cases Referred to-
Satish Chandra Barua V......fter vested and non-resident property. Bimala Bala Nath or Kalipada Nath and Sudhir Kumar Nath did not transfer any land to the plaintiffs and the sale deeds produced by them were forged. They had no lawful possession in the suit land and that the suit was not maintainable.
On the aforesaid plead..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... of the case after notifying all the parties preferably within 3 (three) months from the date of receipt of this Judgment and Order of this Court. 30. Considering the submissions, we feel that the justice will be met if we direct the Court of Settlement to dispose of the case after notifying all ...... of Sanatannessa Bewa Vs. Haipatullah Sarkar reported in 41 DLR (AD) 105. 15. He further submits that since the petitionÂers have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and, as such, they cannot file an appliÂcation for enf...... (Md.) and others……………Petitioners Vs. Bangladesh & 12 others……………Respondents Judgment November 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215; Government of the People'......ow cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant Writ PetiÂtio..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......five thousand) shares which would be equally distributed among four members namely, Mr. MHM Shahjahan, Dr. Md. Rezaul Karim, Dr. Sanjita Akhter and Mr. Rabiul Haque at the rate of 1250 shams each and accordingly they subscribed for 5,000 shares and paid Taka 50,00,000.00 to the said company. 6. ......reme Court High Court Division (Civil Original Jurisdiction) Present: Kazi AT Manowaruddin J Tropical Homes Limited......................Petitioner Vs. Registrar of Joint Stock Companies, Dhaka, Bangladesh...................Defendant Judgment August 27, 1996. Res...... Memorandum or Articles can be amended by altering the Memorandum and Articles. Courts approval has to be obtained if particular amendment requires such approval from the Court under any provision of law. 12. In the case of Scott Vs. Scott (Frank F.) (London) Ltd. 1940 Ch. 794. (1940) 3 All ER 50..Category: Company Law | Date: | Hits: 74
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......ided that in case the company would increase the rate it shall either by publication or by letter posted in the mails give 30 days' notice of the change of the price of gas. The consumers might elect to terminate the contract at the end of such period. But the defendant company, in contravention of ......intiffs have preferred this appeal. Mr. K.A. Bakr, the learned Advocate, appearing for the plaintiffs submits that the plaintiffs had a prima facie case and the learned Subordinate Judge has erred in law in taking the view that plaintiffs had no prima facie case. He further submits that the learned ..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......t and decree of the Bankruptcy Suit filed the application under section 40 of the Bankruptcy Act before the Bankruptcy Court stating preposterous facts which are, in fact, beyond the scope of law and accordingly, the learned Judge of the Bankruptcy Court rightly and legally rejected same by his orde......he question of entertaining an application under Article 102 of the ConstituÂtion does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed ......ional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferr..Category: Procedural Law | Date: | Hits: 114
....hat in the attending facts and circumstances of the case the Artha Rin Adalat ought to have allowed the application of the appellant for one month time to deposit 25% of the bid money for the ends of justice.
8. On the other hand, Mr. Md. Abdun Nur, the learned Advocate appearing for the responde......est bidder, Md. Ishaq Majumder, agreed to deposit 25% of bid money and thereupon, the executing Court ordered him to deposit 25% of the bid money within 24 hours by its Order No.94 dated 3.5.2003 and accordingly, he deposited 25% of bid amount through challan on 5.5.2003 and thereafter, as per order......……………………Respondents
Judgment
April 29, 2010.
Result:
The appeal is dismissed.
The Rule No.613 (F.M.)/2003 and the Rule 224(F.M.)/2004 are disposed of.
Case Referred to-
Sultana Jute Mills Ltd. Vs Agrani Bank Ltd., 46 DLR (AD) 174.
Lawyers Involved:
Idrisur......ppearing for the appellant in the course of argument after placing the entire order sheets of the executing Court and other materials on record submits that the executing Court under misconception of law and facts most illegally rejected the highest bidder's application (appellant) for one month tim..
Category: Civil Law | Date: | Hits: 145
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....nable and the petitioners ought to have sought relief before the Administrative Tribunal. It is stated that since they had not been absorbed or accepted as Government teachers, they would not get any justice in the Administrative Tribunal or that their application would not be entertained by the Adm...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ............Respondents Judgment June 24, 1996. Result: The Rule is made absolute in Writ Petition Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993. Cases Referred to- Gujrat State Financial Corporation Vs. M/s. Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Suga...... and 760 of 1993 with Writ Petition Nos. 762 of 1993, 763 of 1993 and Writ Petition No.764 of 1993. Judgment Md. Mozammel Hoque J.- Since identical questions of facts as well as law are involved in these seven writ petitions, namely, Writ Petition Nos.757/1993, 758/1993, 759/19..Category: Employment/Service Law | Date: | Hits: 72
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