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.... at the east which is low lying area across Torag river and its canals and is designated as Flood Flow/Sub- Flood Flow Zone area within which Ameen Bazar area under Savar Police station has fallen as part of Sub- Flood Flow Zone. The DMDP has identified that there have been many private development ......e under sub-section (3) shall be assessed and paid in such manner as may be prescribed:
Provided that where such compensation is payable only for a portion of the excess land, the assessment and payment of compensation shall be made for such portion of the excess land as the malik may specify i......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
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Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
.......
2. Facts giving rise to the Rule are that the petitioner is a Manager of Bangladesh Krishi Bank, Rangamati Branch, Rangamati. The respondent No.6 filed an application to the Bank for sanction of loan for their fishing project of Kaptai Lake and thereupon the Bank sanctioned taka 81,000/- (eight..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... Apon Bhavan, Thana-Doublemorring, District-Chittagong ..............Accused-Petitioner (on bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................Opposite party. Judgment August, 19, 2009. Result: The Rule is made absolute in part. Lawyers ......r realization of the said loan money, if necessary. But there is no ingredient of entrustment or cheating in the allegation brought. It is further submitted that admittedly the accused No.1 made part payment of loan amounting to Tk. 50,000/-, and as such he can not have any criminal intention of che......f disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police Station alleging that the accused No.1 Bimol Das Gupta @ Chili Gupta having previous acquaintance with him, asked for loan of Tk. 1,50,00,000/-, and the informant on good faith and bona fide belief paid the money on co..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....assaya and another, 3 MLR (AD) 108; Saraju Bala Vs. Lal Bihari Mitra, 6 DLR 225. Lawyers Involved: A.Y. Ahmed Ali, Advocate-For the petitioners. Md. Serajur Rahman, Advocate-For the opposite party Nos. 1-4. Civil Revision No.1106 of 1990. Judgment Sheikh Abdul AwalJ.-This Rule is ......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. ......e impugned judgment of both the Courts below and evidence on record and thereafter, submits that the CS recorded tenant Panchamoni Das transferred of her deceased father's property showing to pay the loan money, medical treatment and for her maintenance including family religious ceremony, which she..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....en falsely implicated in the case out of previous enmity and grudge. 9. The further defence case is that accused Milon earlier assaulted Shahinoor, the informant's nephew for which the informant party attacked Milon on his way to the shop and the neighbouring people came to defend him and as re......he incident ended at the intervention of the people present at the time. It is further stated that at about 10.00 a.m. Shahidul Islam, the brother of the informant, went to the house of Shahinoor for payment of weekly installment of loan of BRAC Society and at 10.15 a.m. when he reached the pucca ......on of the people present at the time. It is further stated that at about 10.00 a.m. Shahidul Islam, the brother of the informant, went to the house of Shahinoor for payment of weekly installment of loan of BRAC Society and at 10.15 a.m. when he reached the pucca road on his way home accused Mosta ..Category: Criminal Law | Date: | Hits: 60
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....eous Case No.66 of 1984 and first-defendant in Title Suit No.10 of 1996. On his death petitioners stood substituted as heirs and heirs petitioners had been respondents in Title Appeal. First-opposite party of Civil Revision Case had been second-pre-emptee-opposite party of pre-emption Miscellaneou......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....has been mentioned that the facilities would be applicable to all agricultural co-operative societies loanees who took loan upto Taka 5,000 till 1-3-1991. Consequently, the petitioner furnished all particulars to the respondent No.3 to get the said facilities announced by the Government. Thereafte......legations made in the writ petition. 5. The case of the respondent No.2, Bangladesh Bank, is that the Circular No.6 of 1991 dated 16-6-1991 (Annexure-C) provides that the facilities of waiver of repayment of agricultural loans upto Taka 5,000 would be applicable for loanees of Co-operative Bank L......t of Bangladesh and others……………………………Respondents Judgment April 29, 2007. Result: The Rule is discharged. The object of the Government's exemption of agricultural loan upto Taka 5,000 was to give benefit only to the direct loanees of the banks. The Co-operative S..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....Edition, authored by Prof Garry Slapper & David Kelly; “Judges hold a position of central importance in relation to concept of Rule of Law. They are expected to deliver Judgment in completely impartial manner through a strict application of the law without following their personal preference o......liber for appointment to Judicial office. (HC Debate. Vo/23 cols 257-261, written Answer May 12, 1982). 76. Profs Bradley and Ewing stated; “There are also charged on the Consolidated Fund other payments, which, for Constitutional reasons, are considered inappropriate for annual authorization f......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: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....8‑85 respectively passed by the Munsif (Assistant Judge) Sadar, Comilla in Title Suit No.43 of 1983. 2. The short facts necessary for the disposal of this Rule are, that the plaintiff‑opposite party, Chandan Kumar Nandi instituted Title Suit No.43 of 1983 in the Court of Munsif (Assistant Jud......d Advocate appearing on behalf of the defendant petitioner, has submitted that the plaintiff was a temporary employee of the Bank whose service was liable to be terminated on one month's notice or on payment of one month's pay in lieu thereof. The learned Advocate referred to Regulation No.11(3) of ...... 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. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....sent: Salma Masud Chowdhury J Md. Rezaul Hasan J Md. Golam Mostafa…………………………………Petitioner Vs. The State……………………………………….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: ......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. ......e present petitioner, under section 406/420/409/109 of The Penal Code alleging, inter alia, that on 30.06.1999 the accused Md. Golam Mostafa Bitu, proprietor of M/S. Mostafa and Brothers, applied for loan to the Agrani Bank, Bogra and the Bank authority granted loan to the tune of Tk. 6,00,000/- (Si..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....erms of the Board resolution of respondent No.3 as contained in its letter dated 25.2.1995. 3. The respondent No.3 submitted a written objection refusing to accept compromise earlier agreed by the parties on some flimsy and untenable grounds. Upon hearing the parties the learned Court passed an o......gainst their loan liabilities. They further submitted that before issuance of compromise letter dated 25.2.1995 by the respondent No.3 rescheduling the loan liabilities, the petitioners, defaulted in payment of installments and as such their names are rightly included in the CIB Report. They also su...... of the case as stated in the petition are that the petitioner No.1 is a company engaged in jute mills business and petitioner No.2 is its Managing Director. Petitioner No.1 has been enjoying various loan, over draft and banking facilities from its banker, respondent No.3, for the purpose of its bus..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....ntiffs entitled? 5. At the trial the plaintiff-appellants examined as many as 4 PWs. and the contesting defendant No.2 examined 5 witnesses namely D.W.1, D.W.2, D.W.3, D.W.4 and D.W.5 and both the parties exhibited a series of documents in support of their respective cases. 6. The learned tri......sess the suit land through different bargadars on the basis of bargaKabuliyats and after the death of Abdul Kader Mia, the plaintiffs have been possessing the suit land through different bargadars on payment of rent to the Government; that the plaintiffs demanded Nadabinama or Muktipatra in respect ......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....oner. She next submits that the prosecution miserably failed to prove the case against the appellant beyond reasonable doubt by adducing witnesses who gave contradictory statements as to the material particulars of the case. She next points out that the seizure list witnesses did not support and cor......e alleged Phensidyle. To sustain a conviction for the offence of smuggling it has to be fully established that the seized goods are contraband goods and were illegally brought into Bangladesh without payment of the customs and other taxes. In the present case the contents of the bottles were not exa......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....ion under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 of 1995 in the First Court of Subordinate Judge, Dha......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. ......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
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... thereon. 4. Being aggrieved, the petitioner took an appeal before the Appellate Additional Commissioner of Taxes. Learned Additional Commissioner by his order dated 30.03.00 allowed the appeal in part with certain modifications in respect of the disallowances. Both the petitioner as well as the ...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....rnment itself is considering including the curtailed ward Nos.8 and 9 in Nabinagar Municipality i.e. to retain the wards with the municipality, there is no more necessity to prosecute the case on the part of the writ petitioners. It is also desirable that in future the public functionaries will not ......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ant Secretary of the Ministry served another notice dated 12.10.2010 upon him with a copy to the said A. K. M. Muzibur Rahman to appear before respondent No.2 for hearing in person. After hearing the parties concerned, respondent No.2 found substance in the allegations and accordingly appointed t......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....etitioners further contended that the Government in its cabinet meeting held in May, 1976 had decided to give allotment of rehabilitation plots to those whose land was acquired by the Government in a particular area and who had not received any plot in any of the residential area in Dhaka city. Sinc......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)
....consent of his wife, deceased Anowara with intent to cause her miscarriage got a piece of root of plant placed in her vagina by absconding convict Ful Baru resulting profuse bleeding from her private parts and miscarriage. Then on 13.8.1998 he got his wife admitted into Terakhada Upazila Health Comp......victing the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further rigorous imprisonment for one year. 2. Short prosecution case ......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)
....ost mortem examination of the deceased stated in his examination in chief that he found the following injuries: "(1) Two penetrating wound each of them is 1" x 2" x chest cavity deep on the middle part of the breast with congestion. (2) Two penetrating wounds each of them is 1" x ½" chest cav......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. ......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
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