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Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....g the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may in its discretion exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338......d another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq, Advocate- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Azi......ugned judgment and order passed on the application filed before the learned Sessions Judge under section 439A of the Code of Criminal Procedure. 5. The learned Advocate for the petitioner was thus called upon to answer the only and moot point of the Case whether a second revision under section 43......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
....andatory injunction upon an interlocutory application. Court acts though in rare case when the facts of the case demand such action. In the case of Md. Ashid Ali, 22 DLR 694, it was so held that such power is rarely exercised and could be used only when there is an imminent grave danger to life o pr...... Reja, 47 DLR 170; Renu Begum Vs. Kazi Liakat Ali, 50 DLR (AD) 142; Abdul Barek Vs. Serajul Islam, 20 DLR 501; Abdul Jalil Vs. Abu Baker Siddique, 35 DLR (AD) 42; Barada Sundari Paul Vs. Assistant Custodian, Enemy Property and others; 15 BLD (AD) 95 in para 23; Razia Begum Vs. Shahebzadi Anwara Begu......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.
......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
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....assing the impugned order, occasioning a grave failure of justice this Court is competent to give the deserved relief to the aggrieved party in the interest of justice in exercise of the its inherent power for preventing an abuse of the process of the Court and for securing the ends of justice. We g......f the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....the trial Court compared the LTI and came to a positive finding that the LTI appearing in the sale deed dated 15-1-1964 is the LTI of the plaintiff, the appellate Court also should have exercised his power under section 73 of the Evidence Act and should not have allowed the prayer of the plaintiff a......ty No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assistant Judge and ultimately to the Third Court of Senior Assista......de of proof of hand writing either to sections 45, 47, 67 or 73 of the Evidence Act. In the instant Case the impugned judgment and order as it appears does not suffer from any infirmity and therefore calls for no interference by this Court. Besides, there has been no failure of justice because of th......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
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. ......Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Bangladesh Water Development Board...........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is ...... maintainable. On merit he submitted that the trial Court on consideration of the facts and circumstances of the case and on the evidence on record passed the decree and, as such, the decree does not call for any interference by this Division. On limitation he drew our attention to section 37 of the......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. ..Category: Civil Law | Date: | Hits: 132
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......……......Respondents Judgment July 21, 2009. Lawyers Involved: Majibar Rahman, Advocate-on-Record-For the petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.1341 of 2008. (From the judgment and order dated 3.3.2008 passed by the High Court D...... valid documents in the eye of law. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...Category: Property Law | Date: | Hits: 26
....lowed if the suit is disposed of on a preliminary point or that if the appellate Court thinks it proper it may direct the suit to be remanded to decide on what issues the suit would be tried but this power should be used sparingly. On assessment of the evidence on record we find that the parties h......
Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9.
Not represented-Respondent Nos. 4, 6, 10-26.
Civil Petition for Leave to Appeal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the High Cour......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......lam Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day of July, 20......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....ary statement on 24.04.2007. On 06.03.2007, a first information report was lodged against the respondent no. 1, narrating various allegations of acquiring movable and immovable properties by abuse of power, and a case was recorded under sections 26 and 27 of the Act, section 409 of the Penal Code, S......8 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgement ABM Khairul Haque J.- This is a petition for leave to appeal, filed on behalf of the Anti-corruption Commission, against the Judgment and Order dated 1......s a nullity from the very beginning. This legal position ought to have considered by the learned Special Judge while disposing of the petition filed under Section 241A of the Code. 38. It may be recalled that after Proclamation of Emergency in the country on 11.01.2007, the respondent no. 1 was a......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. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......ucted by Mr. Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Tubarak Hossain, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 3 of 2008 (From the judgment and order dated 19.11.2007 passed by the High Court Div......ition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that exhibit-2 was illegally made exhibit as the plaintiff did not take any step for calling for the volume of kabala from the concerned sub-registry office to prove due execution and t...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
.... magnitude. Admittedly, the ground water level in and around the city is also going down by 9 feet per year, besides, the polluted water is percolating into the subsurface but although it has all the powers under the provisions of Act 1 of 1995 and the Rules of 1997, to protect the environment of Ba......ent 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 Petition No. 891 of 1994 Order In this matter earl......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. ......an area of 17.30 acres were acquired there but without any visible response from the tannery owners although most of them obtained industrial plots there. 7. She submits that an inter ministerial meeting was held on 20th August, 1998, for relocation of tanneries from Hazaribagh area. It was also..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....t of 1995 replaced the earlier Ordinance. The Act establishes the Directorate of Environment which is headed by a Director General (মহা পরিচালক). Section 4 of the Act narrates the powers and functions of the Director General. 23. It appears that Sub-section (1) of Section 4 au......n) 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. V......2, it undertook detailed studies on environment and ecology and its wide-spread contributions in these fields earned its reputation and recognition both at home and abroad. 3. This rule was issued calling upon the Government of Bangladesh represented by the Secretary, Ministry of Industries and o......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
.... petitioners that during pendency of suit defendant nos.1-10 transferred their entire share to them and possession was also delivered to them. Considering such facts the trial Court by exercising its power under Order I Rule 10 (2) of the Code impleaded them as defendant nos.11-16. Subsequently, the......im J
Md. Shafiul Alam and others …… Petitioners.
Vs.
Ajamat Ullah being dead his heirs Sabjan Bibi and others.……Opposite parties.
Judgment
February 23, 2010.
Cases Referred to-
Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317; Abdul Mannan (Md.) Vs. Swaraj R...... a party to the suit”.
8. The learned Advocate lastly submits that the Court of revision below after considering the materials on record and provisions of law rightly allowed the revision which calls for no interference by this Court.
9. In order to appreciate their submissions I have gone......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233...
Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....r and obtained his signatures both in English and Bengali in open Court for the purpose of comparing his signature taken in open court and the signature appearing in the Vakalatnama executed by him empowering Mr. Syed Ziaul Karim as his Lawyer to conduct the Civil Revision Cases and also his signatu......ion of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of the said Revision cases. The four applications have been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases ar......ged and the Affidavit was sworn fraudulently in the name of defendant opposite party No. 3, Golam Sattar. It is also asserted that the defendants opposite party Nos. 3-5 had no knowledge about the so-called compromise and by practicing fraud the applications for compromise were presented before this......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..Category: Property Law | Date: | Hits: 21
....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....... of East Pakistan Vs. Abdul Hamid & Darjee, 21 DLR 824; Superintendent of Central Excise, Lyalipur Vs. Ch Faqir Mohammad 10 DLR (SC) 168; Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md Abdul Majid and others 2 BLC (AD) 11; Momtazuddin and anot......rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revisi......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
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ers (In both cases). Mahmud Islam, Senior Advocate, J.N. Deb, Advocate with him instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Civil Petition for Leave to Appeal Nos.1265-66 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These two leave ......ent plaintiffs as defendants of the earlier suit being Title Suit No.16 of 1985 claimed that on summons of that suit was served on them it was the duty of the present contesting defendant No. 13 to call for the records of Title Suit No.16 of 1985 and to examine the process server of summons of tha......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..Category: Property Law | Date: | Hits: 79
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.......cted by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the High Court......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.......emolished or lost due to any action of the tenants the cost of replacement of such boundary pillars may be realized from the tenants by the lessor." 9. It was stated, that there was a complete meeting of the mind on identification of the suit land (as described in paragraph 2(b) supra) betwee..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....d that the Court of Appeal below most illegally and whimsically did not take into consideration the certified copy of the registered patta dated 23.04.1945 nor take those into evidence in exercise of power under Section 107 of the Code of Civil Procedure and thus, by an erroneous view agreeing with ......e, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2008 passed......registered patta dated 23.04.1945 as well as of the supplementary affidavit filed in the Civil Revision. The learned Advocate further submitted that the Court of Appeal below most illegally and whimsically did not take into consideration the certified copy of the registered patta dated 23.04.1945 no......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..Category: Property Law | Date: | Hits: 28
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....on or status quo is a civil contempt. Disobedience to an order of injunction or status quo made under Rule 1 or Rule 2 by doing something for a party's unadvantage entitles a Court under its inherent power to bring back that party to a position where it originally stood as if the order passed have n...... (From the Judgment and Order dated 24th March, 2002 passed by the High Court Division in Civil Revision No. 1221 of 1999) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted to consider whether the High Court Division was justified in interfering with the order of mandatory......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. ......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
....this threat is real. It is asserted that the right to equal justice, equal protection of law and the due process is dependent primarily on the delicate balance between the principles of separation of power and the independence of judiciary and the aforesaid supersession has disturbed this balance an......ocate and another……….Petitioners
Vs.
Government of the People's Republic of Bangladesh and others…………Respondents
Judgment
June 3, 2001.
Cases Referred to-
Anowar Hossain Vs. Bangladesh, the Special Issue of BLD 1989 (Para 53 at page 61; Ahsanul......r who is the Secretary General of Bangladesh Human Rights Commission. They have filed this petition under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh (hereinafter called 'the Constitution") challenging the appointment of Mr. Justice Md. Gholam Rabbani and Mr. Jus......arned Advocate further submits that this exercise of power by the Executive is nothing but a colourable exercise which is evident from the statements made by the Honourable Prime Minister in a public meeting which was published in the Daily Ittefaq on January 18, 2001. The learned Advocate further s..
Category: Constitutional Law | Date: | Hits: 126
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