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Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....sought to place heavy reliance. Firstly, every suit has its own peculiar merit. The suit brought by the plaintiff must stand on its own merit, Furthermore, decree passed in some other suit brought by independent and sep­arate individuals allegedly on the selfsame amalnama, even if true, is of no av......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..

Category: Property Law | Date: | Hits: 149

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......r by issu­ing legal notice dated 1-4-1995 upon the opposite parties, appoint an Arbitrator under the Arbitration Act of 1940 to settle the dispute. 3. After several bouts of legal proceedings for appointment of arbitrator, lastly, Mr. Justice MA Wahab (Retired) was appointed as arbitrator who ga..

Category: Civil Law | Date: | Hits: 195

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......id Court made a reference to the Hon'ble High Court Division being Criminal Reference No.229 of 1978 for qua­shing the proceeding and for setting aside the order of attachment on the ground that the appointment of Receiver were made attached and without hearing the second party, opposite party. The..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......ary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also prayed for appointment of an Advocate com­missioner for making any inventory of the goods in stock in trade on..

Category: Procedural Law | Date: | Hits: 146

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....find that an illegal order of detention can not continue by a subse­quent order of detention even though the latter is otherwise valid. An illegal detention equally cannot be continued by an alleged independent valid order of detention, if it, in effect, continues an illegal detention... ... ... ........maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ......Section 34 of the Industrial Relation Ordinance, 1969 against the petitioner-company claiming scale of Tk. 820-36-1468/-. in place of Tk. 620-20-980/- with retrospective effect from the date of their appointment. With a view to contest the case the second party-petitioner company filed a written sta..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......25 of the Co‑operative Societies Rules. 1987 hereinafter referred to as the Rules provide for delimitation of Constituency and holding of election of a Co‑operative Society. Rule 16 provides for appointment of an Election Committee for conducting the election. Sub‑rule (1A) of the said Rule 1..

Category: Election Law | Date: | Hits: 600

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to..

Category: Criminal Law | Date: | Hits: 105

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

....of lead. Strangely enough, the quantity of hazardous materials as shown by the committee is exactly as reported by the Master of the Vessel which makes us wonder whether the Committee at all made any independent sur­vey of their own. Be that as it may, the fact that the vessel contained hazardous m......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. ..

Category: Environmental Law | Date: | Hits: 688

Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)

....osed of. Let a copy of this order be immediately trans­mitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......itioners, submits that indisputably the proceedings under sec­tion 144 of the Code of Criminal Procedure were not converted into one under section 145 of the Code and in that view of the matter, the appointment of the Officer-in-Charge of Dumuria Police Station as the receiver of the disputed prope..

Category: Criminal Law | Date: | Hits: 74

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. ......been produced by the plaintiff with regard to the nature or gravity of ill­ness of the executant or as to why he failed to make arrangement for the registration of the document during the illness by appointment of a Commissioner. 48. The submission of the learned Advocate for the opposite party ..

Category: Property Law | Date: | Hits: 139

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

....Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 26. In the case of Sher Ali Vs. State, reported in 46 DLR (AD) 67, the Appellate Division has held that the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this p...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..

Category: Criminal Law | Date: | Hits: 81

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... of the two vital public seizure list witnesses. In the facts and circumstances of the case we do not feel it safe to rely only upon the testimony of the police personnel without any corroboration by independent and disinterested witnesses. It is further to be noted that the informant himself invest...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....form……………………..(106) There is no hard and fast rule that the prosecution has to examine all the witnesses but when it appears that the prosecution examined only the relations and no independent witnesses, then it will be taken that the prosecution wants to hide something………........sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....acts in passing the impugned judgment and order of conviction and sentence which is based on mere surmis­es and conjectures and without any specific corroboration by the evidence of any reliable and independent witnesses. Hence the impugned judgment and order of conviction and sentence should be se...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

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

....en in the absence of the agreement of Implementation, which is under process, and based on such approval leases of land are given in favour of respondent No. 8, the impugned approval appears to be an independent form of a full-fledged contract, which has been processed arbitrarily without applicatio......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. ..

Category: Others | Date: | Hits: 113

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......gladesh Water Development Board is an autonomous semi Government Organisation and its employees are not Government employees. He also submits that the plaintiff is a casual employee and got temporary appointment to the post of regulator Khalashi, a labour, under the defendants and his grievance can ..

Category: Employment/Service Law | Date: | Hits: 166

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

....ভ্যন্তরে অবৈধ মাটি, বালু বা স্থাপনা থাকিলে তাহাও অপসারন করিতে হইবে” makes this sentence independent of the sentence “একই সঙ্গে নদীগুলির চিহ্নি...... 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. ..

Category: Environmental Law | Date: | Hits: 731

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....BLD 481. He also sub­mits that the confession of accused Delowar Hossain is not any substantive evidence against another co-accused Isahak. This type of confession can simply lend assurance to other independent evi­dence. But in this case there appears no such inde­pendent evidence against condem......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..

Category: Criminal Law | Date: | Hits: 158

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

....handra Sarker Vs. Aftabuddin, 15 BLD (AD) 135, where it has been held that, the result, of a criminal case does not affect a civil suit in any way. The civil Court is free to come to its own findings independent of the result of the criminal case. 11. Learned Advocate then submits that, the judgm......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. ..

Category: Property Law | Date: | Hits: 83