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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. ......ing to conduct an inquiry in order to ascertain whether the vessel was carrying any noxious/hazardous materials. Accordingly, on 26.08.08 the Department of Shipping constituted a Committee of three members comprising Engineer Md. Serajul Islam, Engineer & Ship Surveyor with Mercantile Marine D......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. ......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
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
.... examination P.W.1 expressed his ignorance about the occurrence. 14. P.W.2 Md. Yakub, a constable of police, presently working in DB Police Comilla, deposed to the effect that on 18-4-2001 while posted in Burichang police station he went on patrol duty under the leadership of P.W.7 SI Billal. A......pheld. 12. Now, in order to appreciate the submissions of the learned Advocates for the parties, let us first go into the evidence on record. 13. P.W.1 Dula Miah testified that he could not remember the date of occurrence. He told to the police that he had heard about the incident of dacoity......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. .......Appellant Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circums......r Rahman and Ashim and hearing the cry of the mother of Dolon he came out from Mosque and he did not see to arresting Dolon with arms. 36. D.W.3 Md. Tofazzal Hossain, one of the member of Kashipur Union Parishad stated that on 5-10-2004 at about 12.30 the sister of Dolon came to his house and inf......an and Ashim and hearing the cry of the mother of Dolon he came out from Mosque and he did not see to arresting Dolon with arms. 36. D.W.3 Md. Tofazzal Hossain, one of the member of Kashipur Union Parishad stated that on 5-10-2004 at about 12.30 the sister of Dolon came to his house and informed ..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......re of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad, Pabna with the rank and status of Deputy Minister and was also a member of Parliament in third and fourth Parliament of Bangladesh. He is a freedom fighter and he wa......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad, Pabna with the rank and status of Deputy Minister and was also a member of Parliament in t..Category: Criminal Law | Date: | Hits: 77
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....hese are being disposed of by this single Judgment. 3. The prosecution case as stated by P.W..2, the informant that on 17.12.2000 while he was on emergency duty along with his force set up a check post near LCD square after search to check up the vehicles and about 5.30 A.M when a rickshaw was pa......em, the Court below acted illegally in finding the appellant guilty under section 19(f) of the Arms Act, relying upon the evidence of P.Ws.2, and 6 and the other police personnel who were the alleged member of the check post duty. Therefore, the impugned Judgment and order of conviction and sentence...... 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. ...... 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)
.... or blood is found on the earth underneath the dead body and in what condition the dead body is found. It is an inquiry and report must contain a detail of the dead body. An inquest report is akin to post mortem report, only difference is one is held by a police officer or Magistrate and the other b......hone of Chamatker. On that day school was closed for summer vacation. Chamatker used to do his business on the West side of GEC point. He got the news at about 11.30/11.35 in the morning. He cannot remember whether he heard the news over mobile phone has been stated in the FIR or not. He alone went ......e FIR as it appears from the deposition of the witnesses. He was earlier chairman of the locality and he was successful in lodging the FIR against Abul Kalam Chowdhury who was a chairman candidate of Union Parishad Election against his supporters as accuseds. He further submits that it is in the evi......as it appears from the deposition of the witnesses. He was earlier chairman of the locality and he was successful in lodging the FIR against Abul Kalam Chowdhury who was a chairman candidate of Union Parishad Election against his supporters as accuseds. He further submits that it is in the evidence ..Category: Criminal Law | Date: | Hits: 89
....y appeal against an interlocutory order passed by the Election Tribunal.
3. The respondent No.4 contested the Rule by filing an affidavit-in-opposition stating that he was also a candidate for the post of Chairman in the election of Kawkhali Upazilla Parishad, but defeated. According to section 9......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......(Special Original Jurisdiction)
Present:
AHM Shamsuddin Chowdhury J
Md. Delwar Hossain J
S.M. Ahsan Kabir……………Petitioner
Vs.
Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents
Judgment
June 10, 2010.
Result:
The Rul..
Category: Election Law | Date: | Hits: 600
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... He deposed that a white ganji and check lungi were seized on 23-08-1993 in his presence. 33. P.W.15, Dr. Md. Saiduzzaman was the RMO of Naogaon Hospital on 11-08-1993. He deposed that he held the post mortem examination on the dead body the victim Abdur Rahman and found the following injuries. ...... 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. ...... 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. ...... 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
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......hat no pipe gun and cartridges were recovered from him; that the learned Tribunal Judge erred in law in relying solely upon the evidence of the police witnesses in the absence of corroboration by the members of the public; that the police witnesses were partisan witnesses and they were logically int......Mannan lodged an FIR on 13-7-2001 alleging, inter alia, that he on the strength of Lakshmipur Police Station General Dairy No. 468 dated 13-7-2001 led a police force on a special police expedition in Union Parishad No. 15 Mandari; that at about 3-00 AM in the course of the expedition, they halt...... lodged an FIR on 13-7-2001 alleging, inter alia, that he on the strength of Lakshmipur Police Station General Dairy No. 468 dated 13-7-2001 led a police force on a special police expedition in Union Parishad No. 15 Mandari; that at about 3-00 AM in the course of the expedition, they halted for..Category: Criminal Law | Date: | Hits: 92
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. ......axes Appellate Tribunal without however making any payment of the tax as was required under section 158(2) of the Ordinance. 5. On or about 24.05.2001 the petitioner made an application before the member (tax waiver and exemption), the Board at Dhaka for complete waiver from payment of the requis......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....to them the suit is not maintainable in its present form and barred by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government Autonomous Body and the post of the plaintiff is an irregular temporary post.
5. The trial Court decreed the suit.
6. ......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.
......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.
......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.
..
Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....ered Credit Cooperative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 ....... Necessary facts for the purpose of disposal of this Rule, is that, the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of Taka 23,00,000/= with a condition to pay the sai......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
.... 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.
...... 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.
......-
Human 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, Mahm...... 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)
....ke voluntary and true statement to him. He further stated that the accused voluntarily and consciously made statements to him. 23. P.W.11 and the last witness Md. Mozahar Alam stated that he was posted at Moheshkhali Police Station as Officer-in-Charge and he has investigated the present case b......id boat. The dacoits tried to enter into the boat of the informant. The dacoits also made more gunshots causing bullet injuries to Saiful Islam Chowdhury and Nurul Bashar Bachhu, the accompanying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member ...... were going to Cox's Bazar Sadar from Devdevi of Chokoria Police Station under Cox's Bazar district by a engine boat. At 9-30 AM when they reached at Mukbeki of Moheshkhali channel near the Shaplapur Union, a speed boat having 8-9 dacoits tried to touch the boat of the informant party who were armed...... Ali Akbar and Chowdhury Syed Ahmed were going to Cox's Bazar from Devdevi of Chokoria Police Station by a boat and at 9.30 AM when they reached at Mukbeki of Moheshkhali channel near Shaplapur Union Parishad a boat having 8-9 persons armed with gun and kata rifle coming to them asked the driver to ..Category: Criminal Law | Date: | Hits: 158
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....mething the same as per above evidence of P.Ws.1 and 3 was indistinct and not understandable. None could understand what Jamir stated as to who caused him injuries. He also, in such regard, refers to post mortem report and evidence of P.W.8 Dr. Hekmat Ali who stated that during post‑mortem examina......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
.... 22-12-1983. Thereafter, considering his unblemished service record and excellent performance, he was promoted to the grade of an Executive Producer on 9-6-1985. Again he visas promoted to the higher post of Controller and Programme Manager with effect from 17-3-1993.
3. In recognition of his mer......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......cumstances of the case with a practical, pragmatic and reasonable approach in appreciation of evidence let in to drive home guilt of accused person…………...………(26) It is always to be remembered that justice delivery system cannot be carried away by heinous nature of crime or by grueso......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
.... records of LA Case No. 90/65-66 and 5/72-73 for our perusal. We found that the Order/ Note Sheets of the LA Case No. 90/65-66 are within the records. But those of LA Case No. 5/72-73 are found to be post-1991. However, the notices are found in the correspondence portion of the file, produced before...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....ic or of statutory public authority" and since the petitioners are not in the service of the City Corporation, rather an elected representative whose office is filled up with the election of the said post and upon taking oath hence, it cannot be categorized as "service of statutory public authority.......f 2008) substituting Article 12(1) in the following manner: "12. (1) Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution: Provided that a person shall be disqua......e meaning of 'statutory public authority', which runs as follows: "The expression "statutory public authority" has the same meaning as in Article 152(1) of the Constitution, but does not include a Union Parishad, Zila Parishad, Paurashava or City Corporation." 19. Subsequently, vide Representa......ing of 'statutory public authority', which runs as follows: "The expression "statutory public authority" has the same meaning as in Article 152(1) of the Constitution, but does not include a Union Parishad, Zila Parishad, Paurashava or City Corporation." 19. Subsequently, vide Representation o..Category: Constitutional Law | Date: | Hits: 466
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