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....Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
ATM Fazle Kabir J
Human Rights and Peace for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and others……………………Respondents
Judgment
March 21, 201......vers surrounding Dhaka City is linked to the survival of the capital city Dhaka. The structures made by the Government organizations within the rivers and their foreshore land only for public utility service shall remain intact and those structures do not tentamount to encroachment on the rivers.
..
Category: Environmental Law | Date: | Hits: 731
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....esÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….………(19) Dismissal of suit When there ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....r in a proper case and direct trial notwithstanÂding the provisions as to conclusion of trial within a specified time. While we find our inability to do anything in the present case.We hope that the Government would come forward with some legislative measure authoÂrising the superior Court to inte......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
....are internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countr......25‑1‑2000) shall be part of the contract. Pursuant to the aforesaid contract the petitioners who had been appointed as Pre-shipment Inspection Agents for respective blocks commenced providing PSI services from 15‑2‑2000. The petitioners received payment from the respondents without any deduc..
Category: Fiscal/Taxation Law | Date: | Hits: 119
.... (2008) 393.
......
I. Plaintiffs having felt still dissatisfied, invoked this Court's Civil Revisional Jurisdiction on bestowing a Petition under section 115 of The Code and obtained Rule.
3. Grounds pressed into service in support of claim to be added as opposite parties in Civil Revision are catalogued hereund..
Category: Property Law | Date: | Hits: 82
....nder Article 117(2)………………………….(12)
Cases Referred to-
Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Bangladesh Vs. Md. Shamsul Huq, 12 MLR (AD) 25 = 59 DLR (AD) 54; Government of Bangladesh Vs. Md. Abdur Rashid, 12 MLR (AD) 47; Government of Bangladesh Vs. Iqbal Ha......1, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and conditions of any person in the service of the Republic requires him to take recourse to the specific remedy provided in Article 117..
Category: Administrative Law | Date: | Hits: 494
....
(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Emdadul Huq J
Abdul Kader Bhuiyan and 17 others ………………………Petitioners
Vs.
Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respond...... 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)
....earned Advocate also appearing as amicus curiae, submits that in the City Corporation the Mayor is not appointed rather he is elected through election. Thus, the Mayor is holding the office of "Local Government", which is "statutory body" as defined in section 3(6) of the Ordinance No. 16 of 2008, b......n of a person for election provided by or under any law and accordingly, Article 12(1) (c) of the PO 155 of 1972 has provided for disqualification of a person who is holding "office of profit" in the service of the republic or of a "statutory public authority". In this regard, referring to the decis..Category: Constitutional Law | Date: | Hits: 466
....€¦â€¦â€¦â€¦â€¦.Petitioner (In Writ Petition No.1669 of 2009)
Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009)
Vs.
Government of Bangladesh and others…………………………Respondents
Judgment
Novembe...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....: “Meaning of resident.—(1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area if he ordinarily resides in the electoral area. (2) A person who is in Government service or holds any public office shall unless he otherwise indicates in writing to the ......ning of resident.—(1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area if he ordinarily resides in the electoral area. (2) A person who is in Government service or holds any public office shall unless he otherwise indicates in writing to the Registratio..Category: Constitutional Law | Date: | Hits: 386
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....4 (WASA authority) made an underground strong sewerage line just to the south of land alleged acquired portion of CS Plot No.158 WASA had scheme to draw a connecting line from strong sewerage line to Government khas canal through the small lane running through eastern middle portion of CS Plot No.15...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....-General with Md. Ibrahim Khalil, Assistant Attorney-General - For State Respondent. Criminal Appeal No. 498 of 1995. Judgment AK Badrul Huq J.- Ajoy Kumar, 18 years aged student of Dinajpur Government College sustained stab wound on the right side of his chest on 25.11.1991 within Dinajpur......oundation and the same stands ruled out. 53. Challenge had been mounted from the side of the convict-appellants in respect of the credibility of Dying Declaration. Contention has been pressed into service that the Dying Declaration suffered from a legal infirmity as because the deceased Ajoy Kuma..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
.... as a "Small Industry" was established during 1986-87 under IDA Credit No. BD-1065 with equity investment by the sponsor and a loan of Taka 29, 00,000 from Sonali Bank, Dhaka (briefly, the Bank). The Government of Bangladesh made promises to the public in its first industrial policy in 1982 with hig......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......e Appellate Court have committed error of law which is an error in the decision occasioning failure of justice. 10. Mr. Faruq also placed annexure-A, the report of the process server regarding the service of summons and submitted that it would be evident from the report itself that the summons we..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....of the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisanc......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....reme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being the compensation award for the suit land which has been requisitioned by the Government for fish seed multiplication farm at Khatlal; that the jotes apperÂtaining to CS Khatian......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....Biroldakoni, Haluaghat, District Mymensingh be released forthwith, if not wanted in any connection with any other case. 73. We hereby direct the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to take appropriate measures in accordance with law for......en three persons, but he did not see the appellant amongst them. 23. P.W.1 denied the defence suggestion that the appellant served under him, but was not paid the money that was due to him for his service. He statÂed that the appellant went to him at Barisal and gave him Taka 600 as a gift for m..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... practice, there acquired no vestÂed right in the office on the basis of such appointments. Such order of appointments can be cancelled……………………………(24) Cases Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umad......e the same became infructuous and this Court by an order dated 27-2-2011 discharged the said rule. It has furÂther been stated that since the instant petitions have been filed in connection with the service matter. Administrative Tribunal is the proper forum to venÂtilate the grievance of the peti..Category: Employment/Service Law | Date: | Hits: 148
....
Syed Abu Kowser Md. Dabirush Shan J
Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh being represented by the Deputy Commissioner, Chan......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
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