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

....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. ......taram Bishawar Government Primary School. 3. Mr. Md. Salahuddin Dolon, learned Advocate of 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 i..

Category: Constitutional Law | Date: | Hits: 201

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

.... 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.......s occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge and Commercial Court erred in law in allowing the unwanted amendment substituting one cause of action by another and the same has also occasioned failure of justice. 10. Mr. Imam Ali, the lear..

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. ......sional statement, the accused person pleaded not guilty and declined to examine any defence witness and told nothing in response to the 3rd question though, as per records accused appellant filed retraction petition on l0th November, 1991 stating that he was tortured by the police and he was arreste..

Category: Criminal Law | Date: | Hits: 38

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......ses Act and as referred above loan money was given by the financial institution like Uttara Bank and the Bank instituted the suit for realisation of loan money. It is not the retrospective effect, on action rather in procedure which is not illegal and can not be said to have curtailed or infringed t..

Category: Civil Law | Date: | Hits: 93

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

....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. ...... so in the case of a proper party.” There is another test as prescribed in Razia Begum Vs. Shahebzadi Anwara Begum, AIR 1958 (SC) 886 that the person concerned must have a direct interest in the action. 18. Needless to state that the added defendants have direct interest in the suit land. Th..

Category: Civil Law | Date: | Hits: 84

Labu Mia Vs. State, 2001, 30 CLC (HCD)

.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... dated 18-1-2001. We, therefore, do not like to proceed further, we, however, direct the learned Magistrate to follow up the matter and inform this Court through the Registrar of this Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower..

Category: Criminal Law | Date: | Hits: 101

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......e to erosion of the river, the site of the barrage was being changed and it remained undecided till 28-9-1977. The work ultimately commenced on 30-12-1977 and completed on 13-6-1981 to the full satisfaction of the defendants. On 5-12-1982 the plaintiff submitted his final bill being No.50 which stoo..

Category: Civil Law | Date: | Hits: 132

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......the plaintiffs. 2. The defendant Nos.16-21 contested the suit by filing a joint written statement denying all the material allegation con­tending, inter alia, that the plaintiffs have no cause of action in filing the suit and they have also no locus standi to file the suit and that the suit is a..

Category: Property Law | Date: | Hits: 29

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......trict Judge and allowed the application for amendment holding that addition of a relief to the plaint does not in way change the nature and character of the suit nor does it sub­stitute one cause of action for the other and the fact that deed No.1181 executed by Tanti Bewa on 16.03.1932 was adjudi..

Category: Procedural Law | Date: | Hits: 95

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......e of any such notice the Commission must be ‘satisfied’ that the concerned person owns or is in possession of the properties beyond his known source of income through illegal means. This ‘satisfaction’ must be of the Commission itself constituted of no other person than its Commissioners. Th..

Category: Anti-Corruption Laws | Date: | Hits: 231

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ...... the total amount of 50 lac including the said 20 lac amongst them and never returned or deposited the same amount of Tk.50 lace to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council to cover up their own ille..

Category: Anti-Corruption Laws | Date: | Hits: 159

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. ......ns somewhat indulgent. Special courts were established in 2002 under the provisions of পরিবেশ আদালত আইন,২০০০(২০০০ সনের ১১ নং আইন) but action in accordance with law are not much visible although there are instances of hundreds and thou..

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. ......down the country. 2. BELA has been registered as an association under the Societies Registration Act, 1860, with the aims and objects, inter alia, to organize and undertake legal or administrative actions and measures to protect, preserve, conserve or reinstate environmental and ecological system..

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.......ted the vic­tim (deceased Nurjahan Begum alias Maya). Thereafter in search Maya the daughter of the informant was found under the custody of the accused Abul Hossain, but in spite of taking criminal action the victim girl was given in marriage with the accused-appellant in order to keep up their fa..

Category: Criminal Law | Date: | Hits: 45

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....... by him in writing to inspect them. Should any boundary mark be miss­ing, the tenants shall report the act to the lessor. If it is found that any boundary pil­lars are demolished or lost due to any action of the tenants the cost of replace­ment of such boundary pillars may be real­ized from the ..

Category: Property Law | Date: | Hits: 44

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... 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. ......lying on the aforesaid decisions Dr. Hamid further reiterates his point and submitted that although the aforesaid principles are not enforceable by the Court at the instance of any individual but any action by the government in opposition to them and in derogation to them is violative of the mandate..

Category: Constitutional Law | Date: | Hits: 126

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......sary issues and on consideration of the same found that the pre-emption proceeding is not bad for defect of parties. The trial Court also found that the pre-emption Case was filed before the cause of action arose and accordingly the pre-emption proceeding was not barred by limitation. The Court noti..

Category: Property Law | Date: | Hits: 31

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......e him. The activities of Mr. Hossain prima facie tantamounts to a misconduct on the part of a practicing advocate and we had the intention to send the matter to the Bar Council for taking appropriate action against him. But considering his age we refrain ourselves from referring the matter to the Ba..

Category: Business or Commercial Law | Date: | Hits: 207

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......nour and dignity of the Courts of Bangladesh in general including the Supreme Court. The learned Advocates have brought the above statement to the notice of the Court and prayed for appropriate legal action against the Prime Minister under the Contempt of Court Act and also under the Constitution of..

Category: Criminal Law | Date: | Hits: 49

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. ......neous Case No.17/90. Order IX, rule 9 provides, “Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that..

Category: Civil Law | Date: | Hits: 80