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Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ...... Md. Abu Tariq J.- The subject matter of the instant writ petition is the cutting of trees by ship breakers from the coastal green belt of Sonaichhari, under Sitakunda Upazila of Chittagong District for the purpose of setting up of ship breaking yards on getting the lease of Coastal Belt Area land.......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......se is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ...... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the informant party has falsely started a series of civil and criminal and revenue case against them The......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......ies Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Quasem, 27 DLR 342; Wazir Vs. The State, PLD 1962 W.P 405; 14 DLB (Lahore) 21. Lawyers Involved: Khan Saifur Rahman with A.K.M Aminul Islam with Mostafa Neaz Mohanimed—For th..

Category: Criminal Law | Date: | Hits: 93

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......tahar Choudhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30.10.1974. On 23.11.1981 an application was filed by one Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under section 32 o......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......hers........................Opposite parties Judgment January 24, 1984. Result: The Rule is discharged. Case referred to- Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 DLR 799 Lawyers Involved: Md. Jamiruddin Sircar with Md. Asaduzzaman, Nazrul Islam & Enamul Haque—F..

Category: Trust/Waqf Law | Date: | Hits: 121

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......nt District Judge, Court No.1, Lakshmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Material facts of the case as necessary for the disposal of the Rule are that the opposite party No.1 Pubali Bank Ltd. as plaintiff institut......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... Ltd, represented by Manager, Lakshmipur Branch, Lakshmipur and others.........................................Opposite parties Judgment April 27, 2010. Result: The Rule is discharged. Lawyers Involved: Khair Ezaz Maswood, Advocate-For the petitioner. &..

Category: Civil Law | Date: | Hits: 176

Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)

....itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......and order dated 27.10.2009 passed in Miscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. Th......itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......A Matin..........................Petitioner Vs. Gaosul Azam Bachchu, Vice President and others.......Opposite parties Judgment October 6, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Abdur Rahman Howlader, Advocate-For the petitioner. ..

Category: Others | Date: | Hits: 140

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......ide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declar......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......)……………………………Petitioner Vs. Abdus Sobhan Talukder……………………………….Opposite Party Judgment June 11, 1996. Result: The Rule is discharged. Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Petitioner. No one ‑ For the Opposite ..

Category: Trust/Waqf Law | Date: | Hits: 131

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......eal No. 1064 of 1992 with Jail Appeal No. 823 of 1993. Judgment Qazi Shariuddin J.- This reference being Death Reference No.14/92 submitted by the learned Additional Sessions Judge, Narayangonj for confirmation of the death sentence passed by him on accused Mesbahuddin, the jail appeal preferr......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......……………………………….Respondent Judgment January 31, 1996. Result: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM Musifiqur Rahman, Advocates ‑ For the Appe..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ......These are two Applications filed on behalf of the Defendant Nos.1 and 2 in both cases under Order 1, Rule 10 (2) of the Code of Civil Procedure hands of the two P. & I. clubs have in a sense been forced in such a way by the plaintiffs in these suits that the two P. & I. clubs are expected to......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ......��……………………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Case Referred to- ‘The Fanti' and ‘The Padre Island’, (1990) 2 Lloyd's Law Report 191; Imperial Bank Vs. London and St. Katherine Docks Company, (1877) 5 Ch. D 195, 200; M..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ....... AKM Ali, Advocate - For Defendant No.1. Admiralty Suit No.12 of 2009. Judgment AFM Abdur Rahman J.- By this application the defendant appellant Continental Traders (BD) Ltd. prays for dismissing the suit as not being maintainable. 2. The plaintiff GE Sea Company Service Ltd. a......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......tinental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: The application is rejected. Case Referred to- SONIA, 1983 2 Lloyds Law Report 63. Lawyers Involved: Ajmalul Hossain, QC - For the Plaintiff Petitioner. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......esh, represented by the Secretary, Ministry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is made absolute in part along with all the aforesaid observations and directions. Lawyers involved: Manzil Murshid, Advocate-For the Petit......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......ry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is made absolute in part along with all the aforesaid observations and directions. Lawyers involved: Manzil Murshid, Advocate-For the Petitioner. Ms. Kazi Zinat Huq Deputy Atto..

Category: Others | Date: | Hits: 146

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not veste...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......d to- Lal Miah (Hajee) Vs. Nurul Amin and others, 57 DLR (AD) 64; Shanai Bibi being dead here heirs: Mohammad Azim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195. Lawyers Involved: Nurul Amin, Advocate with Md. Humayun Kabir, Advocate - For the Appellant. ..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ...... Meenakshi Mills Ltd. Vs. Commissioner of Income-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. ..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... Feni in Special Tribunal Case No.129 of 2003 arising out of Feni police station Case No.32 dated 17.11.2002 corresponding to G.R. Case No.549 of 2002. 2. The prosecution case, in short, is that informant Md. Nuruzzaman lodged FIR on 17.11.2002 being Feni Police Station Case No.32 dated 17.11.200......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......e absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764; R.P. Kapur Vs. State of Punjab, AIR 1960 (SC) 866; M.S. Khawaja Vs. State, 17 ..

Category: Criminal Law | Date: | Hits: 115

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......tition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Brie......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......918 Patna 41; 30 D.L.R. 424; Cawnpore Municipal Board Vs. Pt. Tirjugi Narain, A.I.R. 1947 Allahabad 82 (D.B); Bhajanmal Topandas and others Vs. Tikam das Thakurdas and others, A.I.R. 1947 Sind 12. Lawyers Involved: A.F.M. Mesbahuddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur R..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......(1973) 2 SCR 541 = (AIR) 1973 (SC) 947; Sunil Batra Vs. Delhi Administration, AIR 1980 (SC) 1579; AIR 1978 (SC) 1579; D. Bhuvan Mohan Patnaik Vs. State of A.P. (1975) 2 SCR 24; (AIR 1974 SC 2002). Lawyers Involved: Md. Nizamul Huq with Abu Obaidur Rahman Dr. Faustina Pereira, Kowsar Ahmed, Hus..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......os. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken up together for hearing and are being disposed of by this single judgment. 2. Writ Petition No.3437 of 2008 h......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......, 2009. Result: The rule is disposed of. Cases Referred to- Golam Murtaza Bhuiyan Vs. Bangladesh, 48 DLR (AD) 47; Abdul Awsal Talukder Vs. Bangladesh, 9 MLR (AD) 219 = 9 BLC (AD) 112. Lawyers Involved: M Zahir with Mustaque Ahmed Chowdhury and Shah Muhammad Ezaz Rahman, Advocates ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......r against the judgment and Order passed in Miscellaneous (pre-emption) Case No.17 of 1996. The said Miscellaneous Appeal was subsequently transferred to the Subordinate Judge, 1st Court , Gazipur for disposal, who by judgment and Order dated 30-8-2001 allowed the said appeal upon reversing the......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984 PLD (SC) 166;49 DLR (AD) 151, PLD 1984 (SC) 166. Lawyers Involved: AFM Mesbahuddin with Minhazul Hoque Chowdhury, Advocates—For the Petitioner. ..

Category: Property Law | Date: | Hits: 117

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ...... the Rule by filing an affidavit‑in‑opposition denying most of the averments in the writ petition and stating, inter alia, that age alone has not been considered in the past as the only criterion for recognition of the Bohmong Chief. Rather age, fitness, qualification and overall acceptability t......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ......��…………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………Respondents Judgment January 12, 1997. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner. ..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid Miscellaneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......ferred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Chand Mia, 12 BLD (AD) 48 = 44 DLR (AD) 98. Lawyers Involved: Md. Kalim Ullah Mazumder, Advocate - For the Petitioner. Moulavi Md. W..

Category: Property Law | Date: | Hits: 138

Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)

....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Judge, Patuakhali, affirming the order of the Sub-Divisional Magistrate allowing withdrawal of a criminal case under section 494 of the Code of Criminal Procedure. We have heard the learned Counsel for the complainant petitioner and the learned Deputy Attorney General, perused the petition and the......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......ick………………………Appellant Vs. The State and another…………………….Respondent Judgment August 25, 1982. Result: The Rule is made absolute with direction. Lawyers Involved: SK. Atiar Rahman - For the Petitioners. Moazzem Hossain, Deputy Attorney Ge..

Category: Criminal Law | Date: | Hits: 94

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