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Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
...., which causes cancer; the respondent No.6, in a Regional Conference held at New Delhi in the year 1997, also recognised that arsenic is a disaster in Bangladesh; the respondent Nos.4 and 5 though published guidelines for installing new tube wells in Bangladesh but new tube wells are still ......n, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte—The Respondents Civil Appeal No.118 of 1999 (From the judgment and order dated 3-8-1999 passed by the High Court Division in Writ Petition No.2879 of 1999) Jud......s allowed within directions as set out above. There is no order as to costs. Ed. ...... arsenic in the ground water did not exceed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welf..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....9 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publishing thereof in the Bangladesh Gazette (Extra-ordinary) dated September 23, 1986. The list in ......d the same as no such challenge had been offered by the government before the Court of Settlement. The findings of the Court of Settlement having not been supported by any materials, in our view, the order is without jurisdiction. It is neither stated before the Court of Settlement nor before this C......ing which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....ated October 20, 2002 of a Division Bench of the High Court Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surv......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......it in the review petition. Accordingly, the petition is dismissed. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Bangladesh.......Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Civil Revision No. 28 of 2001) ......ivision so as to call for any interference. The petition is dismissed. Ed. ......ion (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......on No. 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th December, 2004 by the High Court Division in Writ Petition Nos. 2173 &am...... 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......pellate Division (Civil) Present: JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Meghna PET Industries Ltd..........Petitioner (In Civil Petition No. 477 of 2005) Prime Edible Oil Ltd. & another........Petition..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......cate instructed by Abdur Rab-II, Advocate-on-Record–for the Respondent No. 3. Not Represented- Respondent No. 1. Civil Appeal No. 31 of 1976 (From the Judgment and order dated the 2nd April,1970 passed by the Dacca High Court Writ Petition No. 101 of 1968) ...... case, we make no order as to costs. Ed. ......the High Court of East Pakistan challenging the validity of the order of penalty. 2. A Bench of the High Court took the view that the penalty under section 167(9B) of the Act, can not exceed one thousand rupees or three times the value of the goods actually imported, whichever is grea..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ed charge-sheet against all the 5 appellants on completion of investigation, appellants Abu Taher and Abul Kashem were shown as absconding. Thereafter Gazette Notification was made and a notice was published in the local Daily Azadi under section 339B CrPC for appearance of the said absconding acc......1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of the conviction of the five accused-appellants under sections 302/34 of the Penal Code, ordered by the Additional Sessions Judge, 1st Court, Chittagong and confirmed in appeal, by the Hi......Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......onsideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(18) Cases Referred..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......pondents Judgment June 19, 1990. The Code of Criminal Procedure, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but......ence with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......mended the provisions of section 403 and other relevant sections of the Code expressly or by necessary implication. 6. Reading the Code as a whole it appears that in relation to an accused-petitioner several terminologies have been used in the Code denoting different connotations. The express..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......or special leave to appeal is against a judgment of a Bench of the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the S...... We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......e Division (Civil) Present A.B. M. Hussain C.J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Shaikh Abdul Quader…………Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation & ors &helli..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 4. Not represented—Respondent Nos. 1, 3 & 5. Civil Appeal No.98 of 2002. (From the judgment and order dated June 13, 2000 passed by the High Court Division in Civil Revision No. 1781 of 1990). ...... appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... the defendant No.2 on 24th May, 1984 and that on that very day by another kabala they transferred 50 decimals of land to defendant No.3 and put them in possession, that consideration money was paid by Mokhles, father or the defendant Nos.2 and 3 and that he possessed the land on be..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolishing the structures in the land in suit and for further declaration that the order dated April 22, 1977 passed by defendant No.3 treating the property in suit as vested property...... Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ing aside the judgment and decree dated January 31, 1999 of the 3rd Court of Subordinate Judge (now Joint District Judge), Chittagong in Other Suit No. 136 of 1996 decreeing the same. 2. The ordering portion of the judgment of the High Court Division reads as follows: "In ...... merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... Bangla………….. 3. The Other Suit No. 136 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of S..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... 7,1986 of the Court of Munsif (now Assistant Judge), Mithapukur Upazila, Rangpur in Other Class Suit No. 313 of 1983 dismissing the same. 2. The suit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur......e appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......pur in Other Class Suit No. 313 of 1983 dismissing the same. 2. The suit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......arya J —This appeal by special leave is against a judgment of a Bench of the High Court Division, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent f......dge. The result therefore is that the appeal is dismissed with costs. Ed. ......upon an application was filed on behalf of the appellants for correction of the record of rights under section 143 of the State Acquisition and Tenancy Act, that the Additional Deputy Commissioner, Dacca recognised them as the tenants on the basis of their settlement and long standing posse..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respondent No. 1 declarin......e transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... and respondent No. Chand Miah was examined and got certain papers marked exhibits being Nos. (1) to (3) b. The appellant objected to the admission of Exhibit 3 series and also filed two petitions, one against the admission of exhibits and the other for adjourning the hearing of the proceeding t..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... Mahmud Hossain, CJ.—This appeal by special leave arises out of a judgment passed by the then Dacca High Court in Writ petition No. 127 of 1970 filed by the appellant challenging the orders of the respondents imposing urban tax amounting to Tk. 1,11,481.00 for the years 1964-65 to ...... of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......fficer and another……….Respondent Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Not represented-Respondent No.3 Criminal Petition For leave to appeal No. 189 of 2006 (From the judgment and order dated 27-03-2006 passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of......erence. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......uhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other……………&helli..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......structed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the High Court Division in criminal Revision No.603 of 2005) ......rived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......udassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners (On bail) Vs The State and another ......................Respondent Judg..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Kabir Chowdhury J. - The delay is condoned. 2. The petitioners Dock workers Management Board, Port Training Centre, Chittagong and its Chairman seek leave to appeal against the judgment and order dated 01.03.2005 passed by the High Court Division in Writ Petition No. 890 of 2003 making th......petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Amirul Kabir Chowdhury J Dock Workers Management Board, Post Training Centre, Police Station- Bandar, District-Chittagong and another……………….Petitioners Vs Muhammad Ismail and others........Respondents Judgement Decemb..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......- The appeal has been filed against the judgment dated July 20, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judge, Narayangonj in Miscellaneou...... Accordingly the appeal is dismissed without any order as to costs. Ed. ......ered post with acknowledge receipt to other Respondent and the acknowledgement receipt in respect of the said Respondent was not received by the Court and that it having been contended by the petitioner in the Miscellaneous case i.e. Respondent No.2 in the Miscellaneous Appeal No.7 of 1989, that..Category: Trust/Waqf Law | Date: | Hits: 266
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