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.... are mandated by law to do, against such illegal activities of Metro Makers. Being aggrieved with such inaction on the part of respondent Nos.1-6, the petitioner, BELA, served a legal notice,demandingjustice, upon respondentNos.1-7on 27.12.2003requesting the respondentsto immediatelystopearth fillin......
Result:
Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed.
Civil Appeal No.253 of 2009 is allowed.
Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of.
Cases Referred to-
Duck Vs. Bates.12 Q.B.D. 79; Beckett Vs. Sutto......sp;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009)
Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 200.......- These appeals and civil petition involve public importance onthe environment and human rights, protection and preservation of environment, and the construction of certain provisions of the tenancy laws applicable in the country, the Town Improvement Act, 1953, the Paribesh Sangrakhan Ain, 1995 an..
Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......si at the instance of the Bangladesh Krishi Bank-petitioner has been issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 21.09.1997 passed by the Additional Divisional Comm......Division in Money Appeal No.104 of 1997 affirming the order dated 18.08.1989 passed by the Deputy Commissioner, Rangamati in Money Suit No.33 of 1989 shall not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......d he was compelled to pay an amount of Tk. 50,000/- and it was promised that the remaining Tk. 1,00,000/- shall be paid back within the month of December, 2001, and the extra amount, of TK. 50,000/-, according to the agreement shall be paid in January, 2002. But the accused No.1 did not pay the amou......ent August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzzaman Kabir, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.15321 Of 2005. Judgme......d criminal case is hereby quashed, so far it relates to the present petitioner (accused no.2). 11. The learned Magistrate shall proceed with the case in respect of other accused in accordance with law and in the light of our observation made out in the body of the judgment. Send a copy of the ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ...... and Gopal Saha. After the death of Panchamoni Dasi the next reversioner heirs of Jadunath Saha the defendant Nos. 1-5 by way of inheritance became the absolute owners and possessors of the suit land according to Hindu law as reversioners and from whom the plaintiffs purchased the suit land by 2 reg......…………Petitioners Vs. Sree Monoranjon Saha and others…………………………Opposite Parties Judgment April 10, 2006. Result: The Rule is discharged. Cases Referred to- Nowsha Miah Vs. Md. Idris Ali,10 DLR 441; Shrashi Bala Sarker and others Vs. Patani Sundari D......ira, together with other lands originally belonged to Jadunath Saha, who before C. S. operation died leaving behind his only daughter Panchamoni Dasi, who inherited the suit land and in due course of law her name was recorded in C.S. Khatian and also in SA Khatian. The aforesaid Jadunath Sahahad ano..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ts from disturbing with the plaintiffs peaceful possession in the suit land. This decision has resulted in this revision on the ground of erroneous decision in facts and on law occasioning failure of justice. 6. Mr. Shah Md. Khasruzumman, the learned Advocate appearing with Ms. Reshma Sultana on ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......…………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment October 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Shah Md. Khasruzzam......ad/have no legal right, title to and interest in the suit land and they are unauthorized and illegal possessors of RAJUK land for which notice was legally served for their eviction in accordance with law. The plaintiffs have no right to get a decree for permanent injunction against the real owner RA..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....r Court in respect of establishment of knowledge on the part of plaintiff and finding that suit stood barred by limitation was not justified and Lower Court did not properly analyses fact and law and justice had been infringed by decision rendered by Lower Court. Date of pronouncement of Judgment......summons upon him. Process server D.W.3 standing on witness box laid bare evidence that he served summons of First-Fourth opposite parties upon First-opposite party (Torab Ali) and he submitted report accordingly. Evidence of D.W.3 is extracted hereunder: ১-৪ নং প্রতি পক্......………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD)...... 8. Learned Trial Judge decided Third Issue against plaintiff-opposite party. In deciding issue learned Trial Judge rendered decision that summons upon plaintiff had been served in accordance with law and there was no ground to accept the contention pressed into service from plaintiff that summon..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......ngladesh and others……………………………Respondents Judgment April 29, 2007. Result: The Rule is discharged. The object of the Government's exemption of agricultural loan upto Taka 5,000 was to give benefit only to the direct loanees of the banks. The Co-operative Society ......of the Court and the proceedings of Money Execution Case No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... behalf of the community, to weigh these conflicting interests to weigh on the one hand the respect due to confidence in the profession and on the other hand the ultimate interest of the community in justice being done - - --.” 52. Through the above scripted passages Lord Denning revealed how t......n said; “When Tom (Lord Denning) and I were young, the law was stagnant. The old fashioned Judge looked to the letter of the statute and for the case on all fours. He knew that he had to do Justice according to law. Either he assumed that the law, when strictly applied, would always also do Justic......Cabinet Division, Bangladesh Secretariat, P.S. Shahbag, District: Dhaka and others…..............Respondents Judgment June 15, 2011. Result: The Rule is made absolute. Cases Referred to- Bihar Vs. Subhash Singh AIR 1997 S.C.1390; Marbury Vs. Madison 1803;Khandakar Ehteshamuddin A......ent and secretary respectively of the organization named “Human Rights And Peace For Bangladesh”(HRPB), which body is engaged in promoting and defending human rights, working to establish rule of law and supporting the victims of human rights violations, felt dismayed at the deplorable state of ..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... Khatian Nos. 1524 and 948 prepared in the names of respondent Nos.6 and7 remain unchanged.
16. In view of the discussions made above we find substance in the Rules of both the writ petitions, and accordingly these are made absolute. The impugned order dated 17.8.2011 passed by the Zonal Settleme......eople’s Republic of Bangladesh and others ................Respondents (In both the writ petitions)
Judgment
November 5, 2012.
Result:
Both the Rules are made absolute.
Cases Referred to-
14 MLR (AD) 401, para-8; 11MLR (HC) 256.
Lawyers Involved:
Mrs. Nahid Yesmin, Advocate-......4-8845 of 2011.
Judgment
Md. Ruhul Quddus J. -These two writ petitions have been heard simultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to examine the legality of order date..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....out proper appreciation of law involved in the matter, has come to an erroneous finding that the suit was maintainable and that this decision of the learned District Judge has occasioned a failure of justice to the defendant‑petitioner. In this connection, he has referred to a decision in the case......r hearing both the parties came to his finding that the suit is maintainable and thus he set aside the Judgment and decree of the learned Assistant Judge and sent the suit back on remand for disposal according to law vide his Judgment and decree dated 4‑3‑86 and 10‑3‑86. 5. Being aggrieve......ther………………Petitioner Vs. Chandon Kumar Nandi………………Opposite Party Judgment May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 19......h the parties came to his finding that the suit is maintainable and thus he set aside the Judgment and decree of the learned Assistant Judge and sent the suit back on remand for disposal according to law vide his Judgment and decree dated 4‑3‑86 and 10‑3‑86. 5. Being aggrieved by this Jud..Category: Labour and Industrial Law | Date: | Hits: 137
....econd show cause notice. We, therefore, 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:48 DLR (HCD) (1996) 574.
......econd show cause notice. We, therefore, 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:48 DLR (HCD) (1996) 574.
......ry officer exonerated the petitioner from the charges and, as such, appellant authority acted illegally in dismissing the appeal. He further submitted that copy of the inquiry report was not supplied to the petitioner with the second show cause notice and, as such, he was prejudiced in his defence t......rity has been defined under clause (28) of section 3 of the General Clauses Act and mean and include 'any Corporation or other body or authority constituted or established by the Government under any law.' Bangladesh Agricultural Development Corporation is a body constituted and established by the G..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....the state. He finally submits that in the facts and circumstances of this case and in view of the provisions of law mentioned above, the impugned proceedings is liable to be quashed to secure ends of justice as well as to prevent abuse of the process of the Court. 7. Mr. K.M. Masud Rumy along wit......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner. K.M. Masud Rumy, Assistant Attorney-General with Mrs. Yeasmin Begum Bithi, Assistant Attorney-General - For the opposite party. &...... No.242 of 2000 is still in force for not preferring any appeal challenging the same by the state. He finally submits that in the facts and circumstances of this case and in view of the provisions of law mentioned above, the impugned proceedings is liable to be quashed to secure ends of justice as w..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. .......1995 informed the petitioners that its Board of Directors did not accept the modifications suggested by the petitioner and the Board kept its earlier decision and asked the petitioners to take steps according to its letter dated 25.2.1995. The petitioners by their letter dated 25.6.1995 immediately......nbsp; Zaforullah Chowdhury, Advocate - For the respondent No.3. Writ Petition No.1763 of 1999. Judgment Farid Ahmed J.-This rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Ba...... as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under the Borrower Code No.4999 as mentioned in Annexure-A should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to delete ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....ossession in the suit land but the trial Court below without considering the vital and ancient documents namely exhibit 1 and 2 series mechanically dismissed the suit which resulted in the failure of justice. 11. Mr. Nurul Amin while elaborating his submissions referred to the registered deeds in...... suit property in the name of his minor son Abdul Kader Mia because he was govt. servant and it was possessed by Abdul Latif Mia during his life time and later on, his five sons possessed equally and accordingly R.S. and S.A. Khatian was prepared in the name of five brothers at the instance of Abdul......…….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised . . . the wrong record of right by itself does not constitute ......onsideration of the materials on record by his judgment and decree dated 29.8.1980 (decree signed on 4.9.1980) dismissed the suit mainly on 3 (three) counts: (1) that the suit is hopelessly barred by law of limitation. (2) that Abdul Kader Mia took settlement of the suit land in the benami of his el..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....e point for determination is whether the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, committed any error of law resulting in an error in his decision occasioning failure of justice. 7. Mr. Garib Newaz, the learned Advocate for the petitioner, submits that the learned co......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......itioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 2006. Result: The Rule is made absolute. Case Referred to- Lakhmi Bazar Shahi Majid Committee and another Vs. St. Francis Xavier Girls High School 51 DL......ng its Municipal holding No.28/8/1 Mohakhali, Dhaka. 6. Now the point for determination is whether the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, committed any error of law resulting in an error in his decision occasioning failure of justice. 7. Mr. Garib Newaz, the..Category: Property Law | Date: | Hits: 84
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......and obtained the Rule with an order of stay. 8. During pendency of the Rule, the petitioners filed an application for direction upon the Government-respondent to include the wards in municipality according to the recommendation of Deputy Commissioner, Brahmanbaria as contained in Memo No.Stha: S...... Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Hafizur Rahman and others………………......Petitioners Vs. Government of Bangladesh and others….......Respondents Judgment October 15, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Zakaria Sarker, A......onditions of the people and infrastructure of the area have also been developed. 14. Under the facts and circumstances, it is expected that the Government will decide the matter in accordance with law considering the recommendation made by the district administration and socio-economic conditions..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....No.1 preferred an appeal before the Election Appeal Board, but the Appeal Board did not take up the appeal and the Election Board most illegally finalized the voter list. They served notice demanding justice upon the Secretary, Ministry of Commerce, and the Director of Trade Organizations and gettin...... with a copy to the said A. K. M. Muzibur Rahman to appear before respondent No.2 for hearing in person. After hearing the parties concerned, respondent No.2 found substance in the allegations and accordingly appointed the Administrator and directed him to hold the election within six months and ......…….........Petitioners Vs. Bangladesh and others……………………………..Respondents Judgment August 2, 2012. Result: Both the Rules are discharged. Cases Referred to- Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 53 DLR (AD) 70; Khorshed Al......e committee by a letter dated 29.11.2010 (annex-G to the writ petition), but respondent No.2 without canceling or nullifying the said election passed the impugned order, which was illegal and without lawful authority. The impugned order was not addressed to the previous or present executive committe..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....desired that the authority concerned would expeditiously allot her another plot. Since no such plot was allotted in her favour or after her death in favour of the petitioners, we are of the view that justice would be met if the instant Rule is disposed of with necessary direction to that effect upon...... on the matter. 3. The petitioners contended that respondent No.7 Kofiluddin was not an affected person to get allotment of a rehabilitation plot. His father Sader Uddin was an affected person and accordingly he got allotment of rehabilitation plot No.7, Road No.2, Block-Kha, Section-6, Mirpur by......……..Respondents Judgment July 25, 2012. Result: The Rule is disposed of. Lawyers Involved: Kazi Rezaul Hossain, Advocate-For the petitioners. S.M. Quamrul Hasan, Assistant Attorney General-For respondent No.3. Muntasir Uddin Ahmed, Advocate-For respondent Nos.7 (a)-(e). ......t in favour of deceased respondent No.7 Kofiluddin. 2. Facts leading to issuance of the Rule, in brief, are that the petitioners’ predecessor-in-interest Abeda Khatun and her co-sharers were the lawful owners in possession of a piece of land measuring .6343 acres at Mouza Ibrahimpur, Dhaka Cant..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 314 of the Penal Code was framed against them to which the appellant on dock pleaded innocence and claimed justice. Trial was held in absence of absconding accused Ful Baru. 4. The defence case as it appe......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......5. Result: The appeal is dismissed with modification of the impugned Judgment. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Md. Faisal Hossain Khan, Deputy Attorney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appe......ed that septicaemia is an infectious disease. It might be caused due to external or internal infection. So far he could remember the deceased was admitted in the hospital by her parents and mother-in-law, but that fact he did not mention in his report given to the police station. Haemorrhage might b..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....o harass and humiliate the innocent petitioner and as such prolongation of the instant proceeding amounts to an abuse of the process of the Court, which is, liable to be quashed to secure the ends of justice. 7. Mr. M. Moazzem Hossain, the learned Advocate, on the other hand, by filing a counter ......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......……Accused-Petitioner Vs. The State and another……………………………Opposite parties Judgment January 29, 2007. Result: The Rule is made absolute. Cases Referred to- Ali Akhter Vs. Enayet Hossain and others, 17 BLD (AD) 44; Abdul Quader Chowdhury and others V......ere is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. 12. From a plain reading of those well settled principles of law, it appears to us that the principles enunciated in the said decision in no way help the opposit..Category: Criminal Law | Date: | Hits: 92
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