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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. ......feasance or malfeasance or misfeasance on the part of public authorities or public officials, the doors of justice are open to them to sue the public authorities for pecuniary relief by enforcing the principle of accountability.”(Para-28). 43. Apart from the constitutional guarantee embodied in...... is necessary to make it meaningful and a ‘life’ worth living, such as, among others maintenance of health is of utmost importance and preservation of environment and hygienic condition are of paramount importance for such maintenance of health, lack of which may put the ‘life’ of the citize..

Category: Environmental Law | Date: | Hits: 345

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......64 restored pos­session of the property to the writ petitioner and he has been enjoying the same. On 04-11-1999 the Land Acquisition Officer, Brahmanbaria issued a letter to the writ peti­tioner to amounting to Tk. 485/- to the Deputy Commissioner through Treasury Chalan. Accordingly, on 04-11-199..

Category: Property Law | Date: | Hits: 23

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ...... 10-3-1992 but the so called re-conveyances by 4 registered deeds took place on 24-9-1992, long after the filing of the pre-emption case and, as such, the disputed transactions are clearly hit by the principle of lis pendens under section 52 of the Transfer of Property Act. The learned Advocate furt......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..

Category: Property Law | Date: | Hits: 22

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....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. ......even suo motu, if it comes to the notice of the Court. Section 151 of the Code of Civil Procedure does not formulate any new doctrine but only a legislative recognition of the well known doctrine and principle, that every Court has inherent power ex debito justitiae and to do that real justice for t......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

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. .......16 of 1985 (defendant No.13 of the present suit) got possession of the suit and held that the present plaintiffs as defendants of that suit had knowledge of Title Suit No.16 of 1985. The established principle of law is that no other knowl­edge of a suit will be sufficient for a party unless summon......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.......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.......d inserting therein the figures "730.20sq yards" in place of the figures "533.33 sq yards" wherever it occurs in the said deed on payment of a sum of Taka 26,572.25 to the Government-defendant or the amount which the Court may assess as the valuation of the land measuring 196.87 sq. yards (730.20 mi..

Category: Property Law | Date: | Hits: 44

Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)

....1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......nd allowed a fugitive the privilege of bail. 4. Moreover, the High Court Division ille­gally issued the Rule and passed the interim order in utter abuse of Article 102 of the Constitution and the principle of justice. The application at the instance of a fugitive not being entertainable the rule......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ..

Category: Anti-Corruption Laws | Date: | Hits: 266

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

....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. ......Sinha J. - In this appeal leave was granted to consider whether the High Court Division was justified in interfering with the order of mandatory injunction passed by the Courts below relying upon the principles of doctrine of necessity and whether the High Court Division was correct in its view that......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

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. ......elings of the community and 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 h...... 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. ..

Category: Constitutional Law | Date: | Hits: 126

Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ...... and to contest in the election. This submission has no substance in view of the aforesaid facts and circumstances and those decisions which are not applicable as this Case differs, both in facts and principle. 19. It is on record that the duration of the present Executive Committee of the FBCCI ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..

Category: Business or Commercial Law | Date: | Hits: 204

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. ......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. ......es made the purchase and pre-emptee No. 5 is only a co sharer by inheritance of the Case land, the purchase made by pre-emptee Nos. 1-4, who are strangers are very much pre-emptible and this will not amount to partial pre-emption. In support of his submission the learned Advocate has relied on the C..

Category: Property Law | Date: | Hits: 31

Hasmat Ali Vs. State, 2001, 30 CLC (HCD)

....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......ed and sentenced the convict appellant as already stated above relying, on the confessional statement of the convict appellant as well as the circumstantial evidence on record. 23. It is a settled principle of law that the confessional statement of an accused can very well be the basis of convict......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..

Category: Criminal Law | Date: | Hits: 27

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Supreme Court of Pakistan in the Case of Yousuf and Brothers Vs. Mirza Mohammad Mahdi Pooya and another reported in 16 DLR (SC) 619. The Supreme Court held relying upon good number of decisions the principle that in the absence of a counter appeal being filed a decree against another defendant can...... Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining decision recorded by Family Judge in a Family Suit enhanced amount of maintenance of plaintiff and her minor child on reversing decision rendered by Family Judg..

Category: Family Law | Date: | Hits: 152

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. ...... Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar; AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor; AIR 1978 (SC) 429. 4. The learned Advocates have submitted that the principles enunciated by their Lordships in the aforesaid Cases are fully applicable in the instant ......matters like this.” Now the moot issue 46. As stated earlier, the question precisely is whether the statements of Mrs. Hasina, the Prime Minister of the Republic made in the interview amounted to contempt of this Division, essentially criminal contempt or, in other words, such statem..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......ns Judge is set aside by a competent Superior Court, the legality or propriety of the order cannot be decided in this proceeding under section 491. 5. We have noticed that while expounding the principle of “implied power” submissions were made in the reported Case regarding the uniform de......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..

Category: Criminal Law | Date: | Hits: 33

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......uld be a speaking order and it cannot be just a mechanical order. He further argued that the sanction order which was produced does not refer to the facts of the Case particularly the misappropriated amount and the goods received and manner of misappropriation, and the date of misappropriation and s..

Category: Criminal Law | Date: | Hits: 42

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....id amount. 28, PW 29 Bridg (Retd) Sherif Aziz deposed that he was the private secretary of accused No. 1 from April to January 1990 and that during the period he received seventy-five lac in three installments in cash from accused No.1 and paid the said amount to PW 1. On scrutinizing the entire ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......uniary advantage for his wife accused No.3 Rawshan Ershad and thereby committed an offence of misconduct under section 5(1) (d) of the Prevention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amoun..

Category: Property Law | Date: | Hits: 33

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ginal lease deed is lying with the House Building Finance Corporation as because the petitioner took loan and the said loan is not yet fully paid. The loan sanction letters and the book of payment of installments of that loan also have been submitted by the petitioner to substantiate his explanation......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..

Category: Property Law | Date: | Hits: 18

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......as the Appellate Tribunal arbitrarily fixed the professional income at Taka 70,000.00 and 48,000.00 respectively without any basis and hence this cannot be sustained in law as the same is against the principle of natural justice. Considering the facts and circumstances of the Case and submission mad......ommissioner of Taxes did not at all take into consideration the fact that the applicant lives in his own house with a single servant and enjoys paddy grown in his agricultural land and spends a small amount for daily necessaries of life. The learned Advocate also submits that in other Cases the Trib..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

.... office of the Managing Director in violation of the agreement dated 26-8-97 and the Articles of Association and is illegally exercising the powers and that the company did not pay BSRS the first two installments due on 1-6-98 and 1-1-99 and the subsequent installments in terms of rescheduling of lo......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......making payment of loan to BSRS and the liability increased from Taka 363 crore in 1984 to Taka 9,49,47,195.00 by the end of 1997. The petitioner and her husband respondent No. 3 invested considerable amount of money to set up their own poultry and poultry hatchery. They imported 3 incubators and 3 h..

Category: Business or Commercial Law | Date: | Hits: 198