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....on was made without taking into consideration the impact of use of excavator on the ecology.
14. Mr. Rokanuddin Mahmud, learned Advocate appearing on behalf of added Respondent No.12, on the other hand, submits that for implementation of ADP, extraction of stones by excavators machine is of param......ginal Jurisdiction)
Present:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
Bangladesh Environmental Lawyers Association (BELA)………………………………..Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....t for partition and as such the impugned judgment and order dated 02.06.2004 is liable to be set aside. 8. Mr. Mahmudul Haque, the learned Advocate appearing for the opposite parties, on the other hand, submits that Yunus Miah and Abeda Khatun purchased the suit property from the original owner S......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....me. 4. Police after completion of the usual inÂvestigation having found prima facie case against the accused persons namely, 1) MoinÂuddin, 2) Mofizuddin, 3) Mostaque Ahmed alias Mostu, 4) Kala Chand, 5) Md. Alamgir alias Alam, 6) Azizur Rahman alias Haruna, 7) Harun, 8) Abdur Rahman, 9) Habibu......3 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case No.51 of 1997 and therefore, they have been heard together and are being disposed of by this Judgment which will govern all the appeals including the death reference. 3. The prosecution case, as it transpires fr......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. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....it marked Annexures X(1), X(2) and X(3) submitted against an application filed by plaintiff for vacating the order of stay passed by this Court at the time of issuance of the Rule. 9. On the other hand, Mr. Abdul Wahab, the learned Advocate appearing for the oppoÂsite party No.1, submits that th......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦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 Involved: JK Paul with B......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. ..Category: Employment/Service Law | Date: | Hits: 29
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....before making complaint, filed Money suit No.26 of 2001 in the Court of Subordinate Judge, 3r" Court, Chittagong. 4. Mr. Kalipada Das, learned Advocate, appearing for the complainant, on the other hand, submits that there is no bar in prosecuting civil case and criminal case side by side as civil......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....eding against the accused petitioner is tantamount to an abuse of process of the Court, which is liable to be quashed. 7. Mr. Md. Anisur Rahman, the learned Assistant Attorney General on the other hand, opposes the Rule. He submits that police after investigation submitted charge sheet against th...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....rted in III ADC 416 and in the case of Shah Alam Vs. State reported in 42 DLR 31 in support of his contention. 13. Mr. SM Shajahan Kabir, learned Assistant Attorney General for State, on the other hand, submits that the prosecution proved its case against the accused appellants by most consistent...... behalf. 8. The defence case, as it transpires from the trend of cross examination of P.W.s and the suggestions put forward on their behalf, that the allegation of alleged forged notes were not recovered from their possession; that without proper investigation of the case, the investigating offic......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....e not in a position to join togethÂer for the purpose of execution of any deed in favour of Jahanara and or her heirs the plaintiffs in the presÂent suit. 5. The defendant Nos.8-10, on the other hand, filed their written statement denying the mateÂrial allegations made in the plaint contending......f Contract. 2. Facts, in a nutshell, giving rise to this appeal are that one Nazar Ali the predecessor of the defendant Nos.1-12, was allotted two re-habilitation Plots bearing No.C-338 and C-339 covering a area of 7(seven) kathas within Khilgoan mouza appertaining to CS Plot Nos.557 and 559 with......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. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....lute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD). Lawyers Involved: P.C. Guha, Advocate - For the Pet...... been in possession of the holÂding in their entirety. Dibhuti also executed a power of attorney in favour of the plaintiffs. The property could not be and did not vest as enemy property but the Government started enemy property proceedings mentioned in scheÂdule 'Ka' to the plaint treating the......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
....esh represented by the Deputy Commissioner, Jessore and another…………….Opposite Parties
Judgment
October 2, 2012.
Result:
The Rule is discharged.
Cases Referred to-
Satish Chandra Barua Vs. Samir Kanti Barua and others, 19 BLD (HCD) 609; Manindra Nath Sen Sarma Vs. Banglad......sdiction)
Present:
Md. Ruhul Quddus J
Sree Samir Kumar Nath since deceased substituted by his heirs Shimul Debnath and Others...........................................Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Jessore a......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 57
....its that the learned Subordinate Judge has also erred in taking the view that the plaintiffs could be compensated in money.
3. Mr. Mohammadullah, learned Advocate for the respondents, on the other hand, has argued that the plaintiffs' have no prima facie case inasmuch as the gas price has been in......lah, learned Advocate for the respondents, on the other hand, has argued that the plaintiffs' have no prima facie case inasmuch as the gas price has been increÂased in pursuance of directive of the GovernÂment which was binding on the defendants as well as on the plaintiffs. He further submits tha......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....otice/summon was served upon the petitiÂoner and, as such, the impugned Judgment and decree, so far it relates to the petitioner, is liable to be set aside. 5. Mr. Md. Mamnur Rashid, on the other hand, appearing on behalf of the respondent-bank, by filing an affidavit-in-opposition opposes the R......that the allegation made by the petitioner in the Writ Petition involves determination of question of facts and for which remedy lies in the Civil Court not under the summary Writ Jurisdiction. MoreÂover, there was special provision for appeal against the Judgment and decree passed by the Bankruptc......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
....nd circumstances of the case the Artha Rin Adalat ought to have allowed the application of the appellant for one month time to deposit 25% of the bid money for the ends of justice.
8. On the other hand, Mr. Md. Abdun Nur, the learned Advocate appearing for the respondent No.1 decree-holder-Bank s......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
..
Category: Civil Law | Date: | Hits: 145
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. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....posal of this appeal, are that, one Syed Shakhwat Hossain and four others, who are Respondent s Nos.1-5 before this Court, filed a Title Suit No.31 of 2011 against Md. Rezaul Karim, Mukta Begum, Md. Khandaker Amirul Islam Tuku and Sharif Masudul Haque as the defenÂdants Nos.1-4 and also impleading ......l of the decree holder Bank, as per the certificate issued under section 33(5) of the Ain, illegally claimed to have transferred its 100% shares of the debtor-comÂpany and also claimed to have taken over the posÂsession of the mortgaged properties that was vested in favour of the Bank by the Artha......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. ..Category: Administrative Law | Date: | Hits: 212
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....r 6 months and thereafter it was extended from time to time and after the death of Keramat Ali, the parents of the defendants and afterthem the defendants themselves arelicensees. 14. On the other hand the defendants claim that Keramt Ali was inducted in the suit property by way of settlement by ......ut adverse possession in favour of the defendants is sustainable particularly in view of their decision that the suit for ejectment is not maintainable and that a suit for declaration of title and recovery of khas possession should have been filed. 2. The above issues have arisen out of the Judgm......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....e do not find any substance in the submission to the effect that it was a trap case and that sanction under Rule 16(1) was required to recover the alleged bribe money at the given stage. On the other hand, we have noticed that the decision reported in 60 DLR 629, is one case in which an application ...... with the informant entering into his office, the accused petitioner hurriedly concealed one bundle of Taka 50,000 inside one of his shoes and had dropped another bundle of Taka 50,000 on the carpet covering his office floor, since he could not conceal this second bundle. Then the informant, in pres......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)
....uited on a mere technical ground, which was never raised before the trial Court. 8. Mr. Santi Ranjan Karmaker, the learned Counsel appearing for thepre‑emptee‑opposite party No.1, on the other hand, submits that since the statutory requirement of law under section 90 of the State Acquisition ......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
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....the impugned order is liable to be set aside. 6. Mr. SR Pal, the learned Senior Counsel along with Mr. Subrata Chowdhury appearing on behalf of the plaintiff‑opposite party No.1 has on the other hand, submitted that when a suit is pending against a decree, it is incumbent upon the Court to stay...... a single order passed both in English and in Bengali language. In the facts and circumstances of the case we are of the opinion that the learned Subordinate Judge has passed the impugned order in an over‑enthusiastic manner. 14. Considering all the above facts and circumstances of the matter, ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
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