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Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ...... sea and beach in the Sitakunda area of Chittagong provides the perfect location for the larger vessels which can be beached easily at high tide. Hence, while the shipbreaking yard at Alang, Gujarat, India is ranked as the largest, Sitakunda is ranked at the top for the larger vessels. 39. As a r..

Category: Environmental Law | Date: | Hits: 688

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

..... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... 172; Uzbekistan Airways Vs. Air Spain Limited, 10 BLC (2005) p 614, at p. 616; 56 DLR (AD) 166; 54 DLR 93; 9 BLC 96; Canada Shipping Vs. TT Katilzaayu, 54 DLR (2002) p. 93, at p. 94 (para 7); Dozco India P Ltd. Vs. Doosan Infracore Co Ltd. 2010 (9) UJ 4521 (SC): Manu/SC/0812/2010; Naviera Amozonic..

Category: Alternative Dispute Resolution | Date: | Hits: 506

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ...... Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury Vs. Nurul Amin, 47 DLR (AD) 162; Satyendra Nath Rai Choudhury Vs. Fulsom Bibi, CWN Vol. 36, page-486; Sarifuddin Mohiuddin Vs. Mohiuddin Mahmud, India law Reports, Vol. LIV-Calcutta Series-page-754; Ranee Khujooroonissa Vs. Roushan Jehan, (1876)..

Category: Property Law | Date: | Hits: 139

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......egal, void and in operative. 3. The plaintiffs case, in brief, is that the suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was ob..

Category: Procedural Law | Date: | Hits: 114

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......reported in 26 DLR (SC) 44 unless an agreement reaches its finality, the same cannot be challenged. In the aforesaid case a treaty was signed in between the heads of the governments of Bangladesh and India, known as Delhi Treaty, 1974, and it was to become effective only on ratification by the Parli..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... to be a condition or requirement to the preference of an appeal…………….(22 & 23) Cases Referred to- Colonial Sugar Refining co. Vs. Irving, 1905 AC 369 PC; M/s. Hossein Kasam Dada (India) Ltd. Vs. State of Madhya Pradesh, AIR 1953 SC 221; Garikapati Vs. N Subbiah Choudhury, AIR 19..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......an Rights and Peace for Bangladesh and others Vs. Government of Bangladesh, (2009) 17 BLT (AD) 455; Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652; M.C. Mehta VS. Union of India, AIR 1997 SC 734. Lawyers Involved: Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Isla..

Category: Environmental Law | Date: | Hits: 731

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......ve possession of ‘ga' schedule land in favour of the plaintiff with undertaking that they would register the saf kabala deed in favourable condition, during one night they left Pakistan and went to India. The plaintiff after getting the land as aforesaid, done someact showing that he is in possess..

Category: Property Law | Date: | Hits: 83

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......arties Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re Gulabchand Rupaji, Indian Law Report vol. XLIX (Bombay Series), Page-799; Md. Muslim Khan Vs. State, 38 DLR (AD) (1986)..

Category: Property Law | Date: | Hits: 122

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......e Nisi from this Court. 9. In Writ Petition No.2386 of 2009 the case of the petitioner, in short, is that the petitioner is a registered trade organization, originally registered in 1904 under the Indian Companies Act, 1882. After that, the petitioner was incorporated on 8.10.1959 under section 2..

Category: Others | Date: | Hits: 107

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......vate International Law P. 172 (9th edn). The Private International Law had not fixed any definite criteria to look at the permanent residence and ordinary residence of a person. 25 years residence in India was not sufficient to acquire Indian domicile because of his alleged intention to return to Sc..

Category: Constitutional Law | Date: | Hits: 386

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eals are allowed. Cases Referred to- British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs...

Category: Alternative Dispute Resolution | Date: | Hits: 543

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

.... Vs. Webster, 5 Cush (Mass) 295; Woolmington Vs. Director of Public Prosecutions, (1935) AC 462; Starland Vs. Director of Public Prosecution, 1944 AC 315= (1944) 2 All ER 13; Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Hassan Vs. State, 1969 Criminal Law Journal, 1007; Mahbub Shah Vs. Emperor, ......hat he did not make any statement, but some interested person fabricated it from motive and tried to use it as evidence. 47. In Kundula Bala Subrahmanyam Vs. State of A.P.(Supra). Supreme Court of India held: "A dying declaration made by a person on the verge of his death has a special sanctit..

Category: Criminal Law | Date: | Hits: 98

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....ourt……………………………………(12) Cases Referred to- Md. Ismail and another Vs. Crown, 6 DLR 152; Rokeya Begum Vs. Shafiqur Rahman, 2 BCR 1982 (HCD) 4; Niaz Muhammad Baksh Vs. Emperor, AIR 1939 (Sind) 148; 52 CWN 567; Rokeya Begum Vs. Shafiqur Rahman, 2 BCR 1982 page 4; 42 DL......titioners relied on 3 cases, namely, the case of Md. Ismail and another Vs. Crown reported in 6 DLR 152, Rokeya Begum Vs. Shafiqur Rahman reported in 2 BCR 1982 (HCD) 4 and another case from the Indian jurisdiction namely, Niaz Muhammad Baksh Vs. Emperor AIR 1939 (Sind) 148. 6. The learned A..

Category: Criminal Law | Date: | Hits: 130

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......pugned order as passed by the respondent, is arbi­trary one. 22. In the case of Secretary, State of Karnataka Vs. Umadevi, reported in (2006) 4 SCC 1, it has been observed by the Supreme Court of India, "It is clear that adherence to the rule of equality in public employment is a basic featu..

Category: Employment/Service Law | Date: | Hits: 148

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... the law of limitation and the plaintiffs have got no right, title and interest over the suit land. Their further contention is that origi­nal Hindu owners of the suit property left this country for India before 1965 without dispos­ing of the suit property to any body in any manner and thereafter ..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......death and she had been holding the office of Shebait of the deities and was maintaining possession of the property staying at the Akhra bari. During the War of liberation, Brajangana Bashnabi went to India and the movables and houses of the Akhra were looted by miscreants. After independence, Brajan..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......ed Khodaram Irani. In Jamshed Khodaram Irani's case, by an agreement dated 8th July 1911, the defendant agreed to sell his interest in certain lands which he had on lease from the Secretary, State of India to the plaintiff for Rs. 85,000 of which Rs. 4,000 was paid on execution of the agreement, and..

Category: Civil Law | Date: | Hits: 138

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......hension that he will not get fair justice before the Court presided over by the learned Judge, Mr. Abdur Rashid Mia. Learned Advo­cate in support of his submission relied on some of the decisions of India and Bangladesh jurisdiction. 6. Mr. Md. Iqbal Hossain, learned Advocate, for the opposite p..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490