PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Money Suit No. 344 of 2008
Date of filing: 2004/07/05
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Petitioners

(1) Motahar Hossain Bishwas, (2) Hazrat Ali Talukder, (3) Kulsum Begum, (4) Reshma Begum, (5) Bibi Moriom, (6) Yunus, (7) Mofazzal Hossain, (8) A. Karim, (9) Nur Mia, (10) Hasnahena, (11) Razia Begum, (12) Jhorna, (13) Minara Begum, (14) Mostafiz, (15) Cholema Khatun, (16) Hazera Khatun, (17) Yanur Begum, (18) Rahima Begum, (19) Dilkhush Begum, (20) Shanu Mia, (21) Abul Hashem, (22) Anoara Begum, (23) Md. Hanif, (24) Md. Shamsuddin, (25) Chalma Begum, (26) Akhtaruzzaman, (27) Ali Ahmed, (28) Rustom Ali, (29) Mahinur Begum, (30) Abul Khayer, (31) Siddique Ahmed, (32) Md. Babul, (33) Anisul Huq, (34) Md. Gias Uddin, (35) Fazle Karim, (36) Nurul Islam, (37) Morzina Khatun, (38) Maolana Foyzullah (Nosu), (39) Mozaffor Chowkidar, (40) A. Barek Polban, (41) Zebol Huq Bepari, (42) Chan Mia, (43) A. Khalek, (44) Chidu Mia, (45) Golapjan, (46) Md. Zamal, (47) Ayesha, (48) Abe Abdullah, (49) Amir Hossain, (50) Monoar Begum, (51) Monoara  Begum, (52) Md. Hossain, (53) Mesharof Hossain, (54) A. Khalek, (55) Md. Amzad Majhi, (56) Babul Talukder, (57) Jolil Doptori, (58) Amena Begum, (59) Amir Bepari, (60) Anoara Begum, (61) Raoshan Ara, (62) Minara Begum, (63) Md. Abul Kashem, (64) Profullo Kumar Dash, (65) Momtaz Chowkidar, (66) Moriomjan, (67) Monoara Begum, (68) Mozibul Huq, (69) Shahjahan Dulal, (70) Khodeza Khatun, (71) A. Motaleb, (72) Nurzahan, (73) Soioda Khatun, (74) Anoara Begum, (75) Moyful Khatun, (76) Md. Shahin Alam, (77) Md. Hanif, (78) Mobarok Ali, (79) Achia Begum, (80) A. Malek, (81) Sultan Kha, (82) Shafia Begum, (83) Yanur Begum, (84) Shila Debnath, (85) A. Zabbar, (86) Shah Alam, (87) Shamsun Nahar, (88) A. Oadud, (89) Joynob Bibi, (90) Mohosin, (91) Joynal Abedin, (92) Md. Rubel, (93) Rashida Begum, (94) Fatema Bibi, (95) Rizia Begum, (96) Ranu Begum, (98) Saheda, (99) kamela Begum, (100) Motahar Hazi, (101) Kulsum, (102) Ali Azgar, (103) Amena Khatun, (104) Ratan Polban, (105) Marfot Begum, (106) Safia Begum, (107) Surma Begum, (108) Kamrul Islam, (109) Foyzullah Mridha, (110) Asmot Ali, (111) Monaf Hossain, (112) Ziaul Huq, (113) Chiru Bibi, (114) Nur Zahan, (115) Rofizol, (116) Onu Matbor, (117) A. Rahman, (118) Kaisar Hazi, (119) Aminul Bepari, (120) Morsheda Begum, (121) Gony

Respondents

 

  1. The Government of Bangladesh on behalf of the Secretary, Bangladesh Water Transport Ministry
  2. Director General on behalf of the Bangladesh Sea Transport Authority
  3. Chairman on behalf of the Bangladesh Inland Water Transport Authority
  4. Director on behalf of Dhaka River Port
  5. Chairman on behalf of the Bangladesh Inland Water Transport ( Passenger Transport) Authority
  6. Md. Mamun Khan
  7. M/S Siddique Navigation Company
  8. Abdus Samad
  9. Md. Rafiqul Islam
  10. Abdul Mannan
  11. Md. Josim Uddin
  12. Jahangir Alam
  13. Md. Akhtar Hossain
  14. M/S Chittagong Ship Builders
  15. Register of Inland Ships, BIWTA
  16. Md. Joshim Uddin, Surveyor, BIWTA
  17. Md. Shafikur Rahman, Investigator, Bangladesh Sea Transport Authority
  18. Md. Saiful Islam, Port Staff, Dhaka River Port
  19. Rayhan Uddin Ahmed, Trafic Inspector, Dhaka River Port
  20. Md. Alamgir Hossain, Sareng, Dhaka River Port
  21. Md. Aminul Islam, Sareng, Dhaka River Port
Facts

On 8/7/2003 the launch named M.V. Nasrin had sunk down in the Meghna-Dakatia river along with approximately 700 passengers by the attack of tornado. After this accident approximately 230 people were able to reach the safe zone, 110 peoples were died and 199 peoples were still now missing. Only compensation for this type of accident is not enough remedy for the aggrieved persons rather it need to ensure the implementation of the adequate punishment upon those responsible authorities whose lack of awareness and pre preparation to tackle this kind of natural calamities is actually responsible for this type of accident. By realizing this perspective on 5/7/2004 the 121 passengers who were luckily alived from this accident filed Money Suit No. 27 of 2004 in the Joint District Judge 3rd court, Dhaka by taking the assistance of BLAST against the responsible authorities for demanding 28,93,94,000/= as compensation. Afterwards the suit was delivered to Joint District Judge 7th Court, Dhaka for disposal and the new number was given which was 344 of 2008.

Rule/Order/Judgment
Date: 02/02/2016


Details

The learned Joint District Judge 7th Court, Dhaka delivered the exparte Judgment and partly Decree and directed the respondents to pay 28,93,94,000/- as compensation to the petitioners.


Date: 23/08/2016


Details

The learned Joint District Judge 7th Court, Dhaka   rejected the Miscellaneous Case no. 02 of 2016 according to Order 9 Rule 13A of the Code of Civil Procedure 1908 and affirming the exparte Judgment and partly Decree delivered on 02.02.2016 by the Joint District Judge 7th Court, Dhaka in the Money Suit  No. 344 of 2008.


Date: 25/10/2016


Details

After being heard both parties submission in regarding Civil Revision No. 3537 of 2016 the Hon’ble High Court Division issued the rule and delivered the stay order upon the implementation of the exparte Judgment and partly Decree delivered on 02/02/2016 by the learned Joint District Judge 7th Court, Dhaka in the Money Suit No. 344/2008.


Date: 05/06/2017


Details

The Hon’ble High Court Division discharged the rule after being heard both parties submission in regarding Civil Revision No. 3537 of 2016 and affirmed the Judgment and Order delivered on 23/08/16 by the learned Joint District Judge 7th Court, Dhaka in Miscellaneous Case no. 02 of 2016 and also quashed the stay order upon the implementation of the exparte Judgment and partly Decree delivered on 02/02/2016 by the learned Joint District Judge 7th Court, Dhaka in the Money Suit No. 344/2008.

Justices

Mr. Justice Syed Md. Ziaul Karim

Mr. Justice Sheikh Md. Zakir Hossain



Date: 29/01/2018


Details

The petitioner (Bangladesh Inland Water Transport Authority) filed Civil Petition for Leave to Appeal No. 591 of 2018 in the Appellate Division of the Supreme Court Bangladesh against the Judgment and order dated 05.06.2017 passed by the Hon’ble High Court Division in Civil Revision No. 3537 of 2016.


Database Last Updated on: 2018-09-03 02:33:00
Area of law
Equality,
Livelihood,
Health,
Life,
Fair Trial,
Access to Justice,
Accountability and Institutional Reform
Keywords
Launch Accident
Relevant statute
  1. Order 9 Rule 13 A, Order 7 Rule 11, Order 17 Rule 7, Section 115(1) of the Code of Civil Procedure 1908.
  2. Sections 33, 58(a), (b), (c), (e), 70(1) (a), 52 of the Inland Shipping Ordinance, 1976.
  3. Article 300 of the Constitution of India.
  4. Article 32 of the Constitution of People’s Republic of Bangladesh.




Case Number: Money Suit No. 344 of 2008
Date of filing: 2004/07/05

Petitioners

(1) Motahar Hossain Bishwas, (2) Hazrat Ali Talukder, (3) Kulsum Begum, (4) Reshma Begum, (5) Bibi Moriom, (6) Yunus, (7) Mofazzal Hossain, (8) A. Karim, (9) Nur Mia, (10) Hasnahena, (11) Razia Begum, (12) Jhorna, (13) Minara Begum, (14) Mostafiz, (15) Cholema Khatun, (16) Hazera Khatun, (17) Yanur Begum, (18) Rahima Begum, (19) Dilkhush Begum, (20) Shanu Mia, (21) Abul Hashem, (22) Anoara Begum, (23) Md. Hanif, (24) Md. Shamsuddin, (25) Chalma Begum, (26) Akhtaruzzaman, (27) Ali Ahmed, (28) Rustom Ali, (29) Mahinur Begum, (30) Abul Khayer, (31) Siddique Ahmed, (32) Md. Babul, (33) Anisul Huq, (34) Md. Gias Uddin, (35) Fazle Karim, (36) Nurul Islam, (37) Morzina Khatun, (38) Maolana Foyzullah (Nosu), (39) Mozaffor Chowkidar, (40) A. Barek Polban, (41) Zebol Huq Bepari, (42) Chan Mia, (43) A. Khalek, (44) Chidu Mia, (45) Golapjan, (46) Md. Zamal, (47) Ayesha, (48) Abe Abdullah, (49) Amir Hossain, (50) Monoar Begum, (51) Monoara  Begum, (52) Md. Hossain, (53) Mesharof Hossain, (54) A. Khalek, (55) Md. Amzad Majhi, (56) Babul Talukder, (57) Jolil Doptori, (58) Amena Begum, (59) Amir Bepari, (60) Anoara Begum, (61) Raoshan Ara, (62) Minara Begum, (63) Md. Abul Kashem, (64) Profullo Kumar Dash, (65) Momtaz Chowkidar, (66) Moriomjan, (67) Monoara Begum, (68) Mozibul Huq, (69) Shahjahan Dulal, (70) Khodeza Khatun, (71) A. Motaleb, (72) Nurzahan, (73) Soioda Khatun, (74) Anoara Begum, (75) Moyful Khatun, (76) Md. Shahin Alam, (77) Md. Hanif, (78) Mobarok Ali, (79) Achia Begum, (80) A. Malek, (81) Sultan Kha, (82) Shafia Begum, (83) Yanur Begum, (84) Shila Debnath, (85) A. Zabbar, (86) Shah Alam, (87) Shamsun Nahar, (88) A. Oadud, (89) Joynob Bibi, (90) Mohosin, (91) Joynal Abedin, (92) Md. Rubel, (93) Rashida Begum, (94) Fatema Bibi, (95) Rizia Begum, (96) Ranu Begum, (98) Saheda, (99) kamela Begum, (100) Motahar Hazi, (101) Kulsum, (102) Ali Azgar, (103) Amena Khatun, (104) Ratan Polban, (105) Marfot Begum, (106) Safia Begum, (107) Surma Begum, (108) Kamrul Islam, (109) Foyzullah Mridha, (110) Asmot Ali, (111) Monaf Hossain, (112) Ziaul Huq, (113) Chiru Bibi, (114) Nur Zahan, (115) Rofizol, (116) Onu Matbor, (117) A. Rahman, (118) Kaisar Hazi, (119) Aminul Bepari, (120) Morsheda Begum, (121) Gony

Respondents

 

  1. The Government of Bangladesh on behalf of the Secretary, Bangladesh Water Transport Ministry
  2. Director General on behalf of the Bangladesh Sea Transport Authority
  3. Chairman on behalf of the Bangladesh Inland Water Transport Authority
  4. Director on behalf of Dhaka River Port
  5. Chairman on behalf of the Bangladesh Inland Water Transport ( Passenger Transport) Authority
  6. Md. Mamun Khan
  7. M/S Siddique Navigation Company
  8. Abdus Samad
  9. Md. Rafiqul Islam
  10. Abdul Mannan
  11. Md. Josim Uddin
  12. Jahangir Alam
  13. Md. Akhtar Hossain
  14. M/S Chittagong Ship Builders
  15. Register of Inland Ships, BIWTA
  16. Md. Joshim Uddin, Surveyor, BIWTA
  17. Md. Shafikur Rahman, Investigator, Bangladesh Sea Transport Authority
  18. Md. Saiful Islam, Port Staff, Dhaka River Port
  19. Rayhan Uddin Ahmed, Trafic Inspector, Dhaka River Port
  20. Md. Alamgir Hossain, Sareng, Dhaka River Port
  21. Md. Aminul Islam, Sareng, Dhaka River Port
Facts

On 8/7/2003 the launch named M.V. Nasrin had sunk down in the Meghna-Dakatia river along with approximately 700 passengers by the attack of tornado. After this accident approximately 230 people were able to reach the safe zone, 110 peoples were died and 199 peoples were still now missing. Only compensation for this type of accident is not enough remedy for the aggrieved persons rather it need to ensure the implementation of the adequate punishment upon those responsible authorities whose lack of awareness and pre preparation to tackle this kind of natural calamities is actually responsible for this type of accident. By realizing this perspective on 5/7/2004 the 121 passengers who were luckily alived from this accident filed Money Suit No. 27 of 2004 in the Joint District Judge 3rd court, Dhaka by taking the assistance of BLAST against the responsible authorities for demanding 28,93,94,000/= as compensation. Afterwards the suit was delivered to Joint District Judge 7th Court, Dhaka for disposal and the new number was given which was 344 of 2008.


Rule/Order/Judgment
Date: 02/02/2016:
Details

The learned Joint District Judge 7th Court, Dhaka delivered the exparte Judgment and partly Decree and directed the respondents to pay 28,93,94,000/- as compensation to the petitioners.

Justices

Date: 23/08/2016:
Details

The learned Joint District Judge 7th Court, Dhaka   rejected the Miscellaneous Case no. 02 of 2016 according to Order 9 Rule 13A of the Code of Civil Procedure 1908 and affirming the exparte Judgment and partly Decree delivered on 02.02.2016 by the Joint District Judge 7th Court, Dhaka in the Money Suit  No. 344 of 2008.

Justices

Date: 25/10/2016:
Details

After being heard both parties submission in regarding Civil Revision No. 3537 of 2016 the Hon’ble High Court Division issued the rule and delivered the stay order upon the implementation of the exparte Judgment and partly Decree delivered on 02/02/2016 by the learned Joint District Judge 7th Court, Dhaka in the Money Suit No. 344/2008.

Justices

Date: 05/06/2017:
Details

The Hon’ble High Court Division discharged the rule after being heard both parties submission in regarding Civil Revision No. 3537 of 2016 and affirmed the Judgment and Order delivered on 23/08/16 by the learned Joint District Judge 7th Court, Dhaka in Miscellaneous Case no. 02 of 2016 and also quashed the stay order upon the implementation of the exparte Judgment and partly Decree delivered on 02/02/2016 by the learned Joint District Judge 7th Court, Dhaka in the Money Suit No. 344/2008.

Justices

Mr. Justice Syed Md. Ziaul Karim

Mr. Justice Sheikh Md. Zakir Hossain


Date: 29/01/2018:
Details

The petitioner (Bangladesh Inland Water Transport Authority) filed Civil Petition for Leave to Appeal No. 591 of 2018 in the Appellate Division of the Supreme Court Bangladesh against the Judgment and order dated 05.06.2017 passed by the Hon’ble High Court Division in Civil Revision No. 3537 of 2016.

Justices


Reference

Area of law
Equality,  Livelihood,  Health,  Life,  Fair Trial,  Access to Justice,  Accountability and Institutional Reform

Keywords
Launch Accident

Relevant statute
  1. Order 9 Rule 13 A, Order 7 Rule 11, Order 17 Rule 7, Section 115(1) of the Code of Civil Procedure 1908.
  2. Sections 33, 58(a), (b), (c), (e), 70(1) (a), 52 of the Inland Shipping Ordinance, 1976.
  3. Article 300 of the Constitution of India.
  4. Article 32 of the Constitution of People’s Republic of Bangladesh.

Related Proceedings
Database Last Updated on: 2018-09-03 02:33:00
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/0dc7a-judgment-civil-revision-3537-of-2016.pdf