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Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....ashin lady and that he was born and brought up by her and as such defendant No.1 stood in fiduciary relation with the lady. In such circumstances the onus is on defendant No.1 to prove that plaintiff prior to execution of impugned deed got independent advice. 11. Special rule is desired to give......y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ......y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ..

Category: Evidence Law | Date: | Hits: 7

Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....he High Court Division may make such order in the suit or proceeding as it thinks fit. (5) Notwithstanding the substitution of this section any proceeding commenced and pending under section 115 prior to such substitution shall be disposed of in such manner as if section 115 has not been substi......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..

Category: Civil Law | Date: | Hits: 2

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......ls that it does not provide any provision for hearing an appeal arising out of a judgment and decree or order of a Family Court by the learned Judge of the Adalat. 15. However, it appears that the Ministry of Law, Justice and Parliamentary Affairs issued a Notification No.458/9(10) Bichar-3/2 M-5..

Category: Procedural Law | Date: | Hits: 31

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....d therewith to furnish him with any information, documents and returns relating to the affairs of such trade organization or to answer any query with respect thereto, (b) Inspect, with or without prior notice, any office of such trade organization including any of its branch or regional, circle,......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......h Mudran Shilpa Samity, 37/38/1, Nabodip Bosaklane, Lakshmibazar, Dhaka-1100………………Petitioner Vs. The Government of the People's Republic of Bangladesh, Represented by The Secretary, Ministry of Commerce, Bangladesh Secretariat, Police Station-Ramna, and others…………….Respon..

Category: Business or Commercial Law | Date: | Hits: 72

Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

.... Mr. Md. Ohiullah, the learned Advocate appearing on behalf of the plaintiff appellants, submits that a difference between the Bill of Lading figures and the figures found as per ullage survey report prior to commencing the discharge of the cargo to the shore tank is only 5.754 metric tons which is ...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 69

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......n of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by the Secretary, Ministry of Works, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and 12 others…â€..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... areas of Companyganj and Goainghat upazilas of Sylhet. At that meeting it is reiterated about the legal requirement under the Environment Conservation Act, 1995 for obtaining environmental clearance prior to any mining operation as is evident in Annexure-'F' to the Writ Petition. 7. Subsequently......andate and scope of that Respondent as per the Mines and Minerals Resources (Control and Development) Act, 1992 and the Rules of 1968. A recent report of Respondent No.9 reveals that no environmental clearance was ever accorded in favour of the 50 excavator machines that are presently operating in t......enting the Annual Development Plan (ADP) for the year 2009 and completely ignoring the clear statements of Respondent Nos.1 and 9 to the contrary an inter-ministerial meeting held on 24.3.2009 at the Ministry of Communication decided to request Respondent Nos.1 and 6 to revoke the earlier ban of Feb..

Category: Environmental Law | Date: | Hits: 362

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....ttal, he is now discharged from his bail bond. 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: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. 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: 13 BLC (HCD) (2008) 67. ...... acquittal so far it relates to the accused Mofiz and Farid and hence we are constrained to say that in view of such cryptic and unintelligible Judgment and also for the gross negligence of concerned Ministry including solicitor's office, the real criminals somehow managed to go unpunished after com..

Category: Criminal Law | Date: | Hits: 24

Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)

....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......Mostofa and others…………………………………Opposite Parties Judgment September 10, 2007. Result: The Rule is discharged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involve..

Category: Employment/Service Law | Date: | Hits: 29

Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)

....lication to the Magistrate for re-postmortem of the dead body. But as the body was highly decomposed post mortem examination for the second time could not be held. In cross examination he stated that prior to the occurrence accused Sherengir Mollah proposed to marry his daughter Merejan. He denied t......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..

Category: Criminal Law | Date: | Hits: 127

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ...... the process aforesaid Nazar Ali entered into an agreement for sale of 4 kathas of land in favour of Jahanara Begum at a stage when no registered lease deed was executed in favour of Nazar Ali by the Ministry of Works and the agreement for sale was made only after obtaining letter of allotment from ..

Category: Civil Law | Date: | Hits: 133

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......fter declaration dated 28‑3‑87 would not be absorbed. Annexure‑K is the letter dated 15‑10‑87 written by the Director General Respondent No.3 to the Secretary Respondent No.1 requesting the Ministry to create 14 posts of teachers and staff including the posts of the present seven writ peti..

Category: Employment/Service Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ...... No.10 dated 27-4-2010, passed by the learned Joint District Judge, 5th Court, Dhaka, in Title Suit No.31 of 2011 is hereby set-aside. Let a copy of this Judgment, and order be sent to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for their evaluation of the judicial functions o..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

...., the Rule is liable to be discharged. 5. Mr. Md. Osman Ghani Bhuiyan, the learned Advocate for petitioners submits that it has already been settled by this Division in a good number of cases that prior show cause is not necessary before passing order for Civil prison and issuing warrant of arres......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..

Category: Civil Law | Date: | Hits: 159

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

....ection 32, ACC Act, 2004 respectively, firstly submits that, this case under consideration is a trap case, and that as per provision of Rule 16( 1) of the Anti-Corruption Commission (ACC) Rules 2007, prior approval from the Commission is required before laying a trap, which has not been obtained in ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..

Category: Anti-Corruption Laws | Date: | Hits: 44

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

....000.00 only but no notice of the disputed sale was served upon him as required under section 89 of the SAT Act. It was further alleged that opposite party No.1 had been in possession of the case land prior to the disputed sale as a mortgagee, and as such, he knew nothing about the disputed sale befo......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ..

Category: Property Law | Date: | Hits: 54

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

....a co-sharer to the case jama on the basis of purchase of land from opposite party No.3 by kabala dated 30.5.1979. The further case of pre-emptee-opposite party No.2 is that he purchased the case land prior to the date of purchase of the pre-emptor and, as such, the pre-emptor is not entitled to pre-......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..

Category: Property Law | Date: | Hits: 38

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....s of the said case contain some similarity with the facts of the case to the extent of dishonour of post dated cheques. But there are certain differences as well. The difference lies in the fact that prior to issuance of the cheques the accused petitioners had made payment of the major part of the d......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..

Category: Criminal Law | Date: | Hits: 66

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....orous, it shall deduct from the sentence of imprisonment, the total period the accused may have been in custody in the meantime, in connection with that offence. (2) If the total period of custody prior to conviction referred to in sub-section (1) is longer than the period of imprisonment to whic......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....after by Gazette dated 8th December,1996 (finalized the Master Plan for Savar area) pointing out that after the publication of the notification any development or construction work would be made with prior permission of the authority. 22. The first point urged by Mr. Azmalul Hossain appearing o......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ......388; Manju Bhatia Vs. New Dellhi Municipal council (1997)6 SCC 370; Sharif Nurul Ambia Vs. Dhaka City Corporation, 58 DLD (AD) 253; Dr. Mohiuddin Faroque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others (1997) 49 DLR (AD)01; Lakshmipa..

Category: Environmental Law | Date: | Hits: 434