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Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....Bangladesh, represented by the Secretary, Ministry of land and others, WP No.887 of 2010. Lawyers Involved: Fida M Kamal, Advocate with Syeda Rezwana Hasan, M Iqbal Kabir, Advocate and Bahreen Khandaker, Advocates - For the Petitioner.  Shahidul Islam Khan, Assistant Attorney-General -......ed 11 January, 1990 and Memo No. Po-Chharpatra/2169 (Ditiyo Khondo)/ 2007/2960 dated 24 November, 2007. 7. The case of the petitioner, if brief, is as follows: The decision of the Government as noted in the above mentioned memos is to hand over newly emerged char lands for 20 years in favour o..

Category: Environmental Law | Date: | Hits: 891

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

....agor and 3rd party guarantor and in this case the petitioner is neither a mortgagor nor a 3rd party guarantor and as such the impugned judgment and order is liable to be set-aside. 9. On the other hand, Mr. Md. Mamunur Rashid, the learned Advocate appearing for the opposite party No.1, Pubali Ban......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..

Category: Civil Law | Date: | Hits: 176

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....the whole incident. P.W. Abdullah who happens to be an eye witness to the occurrence stated that while he was at the Purinda Bazar, he heard somesounds of gun‑shots and came out with a torch in his hand and Abul Hossain and Kashem Ali also accompanied him. The dacoits fled towards the south and th......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..

Category: Criminal Law | Date: | Hits: 87

United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....uit No.02 of 2007. Judgment Syed Refaat Ahmed J.- These are two Applications filed on behalf of the Defendant Nos.1 and 2 in both cases under Order 1, Rule 10 (2) of the Code of Civil Procedure hands of the two P. & I. clubs have in a sense been forced in such a way by the plaintiffs in th...... 128 of the act of 1872, but uncompromisingly so undeterred by the fact that the true extent of a surety's obligations may ostensibly appear to be marked by a cer­tain degree of severity. This Court notes that such apparent severity has to do with the con­cept of immediacy that attaches to the sur..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....s such as no পণ্য is in dispute in between the parties the plaintiff's Suit under the provision of Section 3(2)(Ja) of the Admiralty Courts Act, 2000 is not maintain­able. 6. On the other hand the learned Advocate Mr. Ajmalul Hossain QC appearing on behalf of the plaintiff-petitioner tak......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....No.5 invited Senior Judges of the Supreme Court, the Education Minister, Vice Chairman of the Bar Council and others to a “Convocation” Ceremony where Certificates of Williamsburg University were handed over recently. 4. It is further stated that the Petitioner has also filed a criminal case......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....R 597; Ashak Ali Prodhania Vs. Md. Anwar Khan and others, 8 BLC (AD) 10; Abdur Rashid alias Bhulu and oth­ers Vs. Moulana Mobaswar Ahmed and oth­ers, 8 BLC (AD) 11; Muni Lal and others Vs. Kishore Chand Kanshi Ram, AIR 1927 (Lahore) 373; Pesu Malhar Bhagwan Das Vs. Bisken Das Mewa Ram, A.I.R. 1927......f the contract as both vendor and vendee has to performed their respective obligations, duties or under takings in order to convert the bainanama or agreement into a sale deed. The first things to be noted that whether vendor was ready for registering the sale deed on completing his obligations duti..

Category: Civil Law | Date: | Hits: 200

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

.... 3 years from the date when the right accrued the application would be barred under Article 181 of the Limitation Act. 8. Mr. Harunur Rashid the learned Advocate representing the Bank on the other hand contended that Article 181 of the Limitation Act has no manner of application and the Court whi......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....essant, imposition of bar fetters on Fazlu, preferred the instant writ petition. 4. It is also stated in the writ petition that Fazlu was arrested with two others on 4.8.90 at about 4 P.M. by Kotchandpur police from village Keshtopur within Jiban Nagar, Thana on a secret information, while they ...... of delivery of Judgment by the Tribunal at Chuadanga, where-from he was transferred to Jhenaidah sub-jail since another case then pending in Jhenaidah, Sessions Court. On his 'history ticket" it was noted that he was being placed under bar fetters 'to ensure security during transport." The writ pet..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....ents were pxiblished in newspaper for donation of some land for this purpose, that in response to the advertisement Haji Md. Abdul Momith (Petitioner in WP 3772 of 2008) gifted 0.52 acres of land at Chandpur Mouza by executing a registered or deed of gift in favour of the Government/Union Parishad o......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..

Category: Property Law | Date: | Hits: 130

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....ance with law and, as such, at any rate the impugned judgment and Order is liable to be set aside. 13. Mr. AJ Mohammad Ali, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impug­ned judgment and Order dated 30-8-2001 which was, according to him just, c......llaneous Appeal No.27 of 1998 in set aside. 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: 17 BLC (HCD) (2012) 320. ..

Category: Property Law | Date: | Hits: 117

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....er Vs. Government of the People's Republic of Bangladesh and others………………Respondents Judgment January 12, 1997. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner. KM Saifuddin Ahmed, ......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ..

Category: Civil Law | Date: | Hits: 185

Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)

....but the Court due to inadvertence had decreed the suit only for registration of the deed. He submitted that in view of the Order 21 Rule 32(5) of the Code of Civil Procedure the Court is empowered to hand over delivery of Khas possession in the suit land in favour of the decree holder. In support of......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..

Category: Procedural Law | Date: | Hits: 253

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

.... circumstance, the plaintiffs suit was liable to be dismissed with costs. 4. The learned Assistant Judge framed appropriate issues in the suit. The plaintiff examined herself as P.W.1 on the other hand the defendant examined two witnesses. 5. The learned Assistant Judge upon consideration of t......ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ..

Category: Civil Law | Date: | Hits: 104

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

....rs.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Lingam, AIR 1963 SC 302; Abdul Mazid and others Vs. Khalil Ahmed, PLD 1955 FC 38; Azi...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..

Category: Property Law | Date: | Hits: 116

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....n Act in view of the allegation raised by the second party appellant in that application. 7. Mr. Khan Saifur Rahman, the learned Advocate appearing for the contractor respondent No.1, on the other hand, submits that the instant appeal is incompetent inasmuch it is provided in section 17 of the Ar...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

....tioner has not been chal­lenged before as by filing any counter affidavits. Furthermore, it has been asserted in the peti­tion that the deceased was killed by the bullet fired from the rifle in the hand of the accused opposite party. 5. The learned Counsel appearing for the petitioner has submi....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..

Category: Criminal Law | Date: | Hits: 145

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....t instead of appointing the petitioner who got the highest number of votes, illegally appointed the respondent No.5, as the Chairman of the Managing Committee who get only 3 votes. 5. On the other hand, Mr. Md. Faruque Ahmed, the learned Advocate appearing for the respondent No.5 submits that no ......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..

Category: Others | Date: | Hits: 181

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....g one Sabuj of Mymensingh town to abroad for employment but the accused Rowsanara @ Roushani neither send Sabuj to abroad nor refunded the money, while P.W.5, Md. Mofazzal Hussain was returning from Chandrakona Bazar at 10 P.M. he heard an altercation between the accused and deceased. After, then al......tatement with regard to the prosecution case in context to the circumstances which makes the particular report of vital, importance in the assessment of prosecution evidence. The Court is entitled to note a conflict between the first recorded version of the prosecution case and the story that is mad..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....entry marked exhibit-3 the legal notice marked exhibit-4 and signature of Abdul Mannan appearing in the agreement marked exhibit-4 (Ka) in support of his contention. 11. The defendant on the other hand also examined 2 witnesses. D.W.1 is Mohammad Ali Miah and D.W.2 Abdul Aziz who stoutly supporte......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102