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

....zmalul Hossain’s argument is that under the বেসরকারী আবাসিক প্রকল্পের ভূমি উন্নয়ন বিধিমালা, ২০০৮।MMDL was registered with RAJUK as an existing project and, therefore, MMT project was recognized as being law...... It is further contended that if developed plots were being sold, the lands sold would not have been described as “boro nal land”. 48. Mr. Mahmudual Islam next contended that the question “post facto” permission would not suffice as the new Master Plan does not at all contemplate establ......, 58; Doherty Vs. King, Tex. Civ. App., S.W.2d 1004, 1007; Donohue Vs. Zoning Bd. of Appeals of Town of Norwalk, 155 Conn. 550, 235 A.2d 643,646, 647; ETV Ltd. Vs. Dr. Chowdhury Mahmud Hasan, 54 DLR (AD) 130; Sharif Nurul Ambia Vs. Dhaka City Corporation, 58 DLR (AD) 253; Dr. Mohiuddin Faruk Vs. Ban..

Category: Environmental Law | Date: | Hits: 434

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....he defendant Nos. 1-5 by way of inheritance became the absolute owners and possessors of the suit land according to Hindu law as reversioners and from whom the plaintiffs purchased the suit land by 2 registered Kabalas dated 20.06.1981 and got into possession. The defendant Nos. 7-10 in collusion wi......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ...... April 10, 2006. Result: The Rule is discharged. Cases Referred to- Nowsha Miah Vs. Md. Idris Ali,10 DLR 441; Shrashi Bala Sarker and others Vs. Patani Sundari Dassaya and another, 3 MLR (AD) 108; Saraju Bala Vs. Lal Bihari Mitra, 6 DLR 225. Lawyers Involved: A.Y. Ahmed Ali, Advoca..

Category: Property Law | Date: | Hits: 57

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

....ge-sheet against the accused Milon Miah and Mosta Miah and others under sections 147/148/149/302 of the Penal Code. 5. The case ultimately came to the Court of Sessions Judge, Rangpur where it was registered as Sessions Case No.83 of 2000 and the Sessions Judge, on the basis of the materials avai....... Md. Ibrahim visited the place of occurrence, prepared the index and sketch map thereof and seized alamats, and after preparing inquest report, sent the dead body of Shahidul Islam to the morgue for post mortem examination. He recorded the statements of the witnesses under section 161 of the Code o......the decision arrived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..

Category: Criminal Law | Date: | Hits: 60

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......t to amendment in order to increase the Remuneration and Privilege of the Hon’ble Judges of the Supreme Court of Bangladesh to keep the same responsive to the inflation and prices hiking. 5. The post of a Judge of the Supreme Court of Bangladesh is a Constitutional one. The remuneration and oth......5, 2011. Result: The Rule is made absolute. Cases Referred to- Bihar Vs. Subhash Singh AIR 1997 S.C.1390; Marbury Vs. Madison 1803;Khandakar Ehteshamuddin Ahmed @ Iqbal-Bangladesh 33 DLR (AD) 154; Baker Vs. Carr (396 US 186:1962); AIR 1965 S.C. 747; Packer Vs. Packer 1954; OBG Vs. Allan ..

Category: Constitutional Law | Date: | Hits: 413

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... then Assistant General Manager of Sonali Bank, Comilla is illegal, void, inoperative and not binding upon the plaintiff. The plaintiffs case  is, that he was an employee of the Sonali Bank posted at Comilla main branch and joined in the service of the Bank as Assistant Cashier on 7‑1‑......1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Sikder Vs. Bangladesh Bank and others, 31 DLR (AD) 298; State Vs. Abdul Awal, 35 DLR 151; Md. Shahabuddin Vs. Janata Bank, 41 DLR 94; Senior Manage..

Category: Labour and Industrial Law | Date: | Hits: 137

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

.....2001 against 5 accuseds, including the present petitioner under sections 406/420/409/109 of the Penal Code. 4. That the case being ready, it was sent to the Court of Special Judge, Bogra, and was registered there as Special Case No.24 of 2004 and the learned Judge took cognizance of the offence ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....ction would arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title. A registered kabala is an evidence of title which will prevail over the other records of rights, until......ader Mia was a -seasonal hut collector of khashmohal; that Abdul Kader Mia died leaving behind the plaintiffs as his heirs while he was in service; that Abdul Kader Mia in connection with his service posted different station in which he assigned his full brother defendant No. 2 to look after the sui...... until and unless such kabala/kabuliyat is cancelled on a specific allegation of fraud by any civil court in an appropriate civil suit……………………….(33) Cases Referred to- 5 BLC (AD) 76; 44 DLR (AD) 162; 39 DLR (AD) 78; 8 BLD 497; 6 MLR (AD) 49; AIR 1928 (Madras) 14; 15 BLD 221;..

Category: Property Law | Date: | Hits: 146

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....ul Haque and a daughter Amena Khatoon and their names have been recorded in S.A Khatian. It is further stated that S.A recorded tenants sold the suit property measuring 4½ kathas on 27.03.1990 under registered deed No.3673 to the plaintiff and since then the plaintiff has been owning and possessing......ay any land or property in order to determine the location of the suit property. It is the established principles of law that the court is required to dispose of the local investigation matter before posting the suit for preemptory hearing. In the case in hand the defendants stated in their written ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..

Category: Property Law | Date: | Hits: 84

Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....d order showing specific reasons. Authenticity of the documents filed by respondent No.1, have not been denied by the writ petitioners in their affidavit-in-reply. NASCIB is a legal entity having its registered office at 79, Siddeswari Circular Road (1st floor), Malibagh, Dhaka-1217 and the writ pet......t voter list on 23.10.2010 and after scrutiny published it finally on 2.11.2010 (annexes: C and C-1 to the writ petition). The writ petitioners filed nomination papers to contest the election for the post of executive members. As there were no contesting candidates, all the 31 (thirty-one) candidate......………..Respondents Judgment August 2, 2012. Result: Both the Rules are discharged. Cases Referred to- Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 53 DLR (AD) 70; Khorshed Alam, Managing Director of Spark and Construction Ltd. Vs. Ministry of Commerce, Go..

Category: Civil Law | Date: | Hits: 114

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

.... Road No.2, Block-Kha, Section-6, Mirpur by a letter as contained in Memo No.326/DES dated 12.4.1979. Possession of the plot was also handed over to him and a lease deed for 99 years was executed and registered in his (Sader Uddin’s) favour. Respondent No.7 Kofiluddin obtained allotment of the plo......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 82

Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)

....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......f 1997 dated 14.8.1997 was recorded and S.I. Mosharraf Hossain, attacked to that police station going to the hospital made inquest of the dead body of the deceased and sent the same to the morgue for post mortem examination for ascertaining cause of her death. Autopsy of the dead body was held by Dr......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..

Category: Criminal Law | Date: | Hits: 69

Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)

....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......ated by the Daroga and when he made the statement Daroga was standing. He further stated that he became a witness in the case out of fear of torture. 14. P.W. 20, Dr. Nuruzzaman Haque who held the post mortem examination of the deceased stated in his examination in chief that he found the followi......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..

Category: Criminal Law | Date: | Hits: 80

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 103

Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)

....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......the respondent No.1, perused the writ petition and other materials on record. 7. It appears that the petitioner, after getting appointment as Clerk-Cum-Accountant in the said College joined in the post of accountant on 28.12.1996 and since then he had been serving in the said post. There is no pr......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..

Category: Employment/Service Law | Date: | Hits: 119

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

.... they would do the same after finishing the criminal case in the name of the husband of defendant No.2 and that in the meantime, Iman Hossain elder brother of the defendant Nos. 1 and 2, executed and registered kabala of his .66 decimals of land as agreed upon verbally in favour of the plaintiff in ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..

Category: Property Law | Date: | Hits: 103

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

....or the said social welfare office concerned with a forged counter-foil. 3. On receipt of the petition of such allegations P.W.1 Mr. Amullaya Chandra Das, District Anti‑Corruption Officer Rangpur registered a case under sections 409/468/471 of the Penal Code read with section 5(2) of Act 11 of 1......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......: The appeal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, Advocate ‑ For the ..

Category: Criminal Law | Date: | Hits: 110

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

....ons have been heard together and shall be disposed of by this Judgment. 4. The plaintiff Doon Valley Rice Limited, a private limited company incorporated under the Indian Companies Act, having its registered office at Karnal, India filed the suit on 2‑7‑96 through Mr. MR Islam Azad of Cense S...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......C Md. Anwar Hossain GC First charge-under section 71 (for committing assault), Second charge-under section 65 (for join in assaulting), Third charge-under section 36 (d) for leaving the duty post. Forth charge-under section 65 for stating falsehood before the Board of Inquiry. The ......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..

Category: Others | Date: | Hits: 87

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

.... has forwarded the complaint petition to the officer-in-charge, Kotwali Police Station, Chittagong, to treat the same as First Information Report (FIR). Accordingly, Katowli P.S. Case No.9(1)2002 was registered on 6.1.2002, corresponding G. R. Case being No.9 of 2002. 3. Thereafter, the police in...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....rted and kept illegally by the accused of the said case including the convict-petitioner. 4. The Court of Chief Metropolitan Magistrate vides Order No.1 dated 20-2-2007 received the case which was registered as GR No.110 of 2007 before the Chief Metropolitan Magistrate. 5. Thereafter, Investig......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......preceded by an opportunity given to the accused person to show whether he had any permission in this behalf………………………….(29) Cases Referred to- State Vs. Mirza Abbas, 15 MLR (AD) 141; Sher Ali (Md.) Vs. the State, 64 DLR (AD) 67; Shahidul Vs. the State, 57 DLR (HC) 222; Mir ..

Category: Criminal Law | Date: | Hits: 109