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....Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Abdur Rahman………………………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......ot be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this application stating that one Monsur Ali lodged a first information report on 20‑1‑82 against 22 accused persons including the petitioner alleging, inter ......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
..
Category: Constitutional Law | Date: | Hits: 259
..... 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......
Md. Abu Tariq J.- The subject matter of the instant writ petition is the cutting of trees by ship breakers from the coastal green belt of Sonaichhari, under Sitakunda Upazila of Chittagong District for the purpose of setting up of ship breaking yards on getting the lease of Coastal Belt Area land.......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
..
Category: Environmental Law | Date: | Hits: 891
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....ition rejecting the rule for non. Prosecution. It appeals that the certified copy submitted by the defence is true as there is a seal and signature signed by the Assistant Registrar. Supreme Court of Bangladesh, High Court Division whereas in the previous certified copy (submitted earlier) does not ......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ...... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the inforÂmant party has falsely started a series of civil and criminal and revenue case against them The......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....lso Subordinate to the High Court division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the AdmiÂnistrator passes an order under section 32 of the Waqfs Ordinance an appe......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......tahar ChouÂdhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30.10.1974. On 23.11.1981 an appliÂcation was filed by one Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under section 32 o......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ..Category: Trust/Waqf Law | Date: | Hits: 121
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....itional District Judge and another for theJoint Registrar, Divisional CoÂoperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......Judgment Md. Emdadul Huq J. - This revisional application under section 115(1) of the Code of Civil Procedure is in respect of election of the Managing Committee of Gafargaon Central CoÂoperative Society Ltd. (shortly Gafargaon UCCA). The Election Committee declared the opposite party Nos.1-4 as......and order dated 27.10.2009 passed in Miscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. Th......itional District Judge and another for theJoint Registrar, Divisional CoÂoperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..Category: Others | Date: | Hits: 140
....t. By the reason this court is satisfied that the P. & I. clubs in both the suits have properly been impleaded as Defendant No.1 in each suit and by necessity leading to their correÂspondents in Bangladesh being impleaded as parities as well. That being the case, this court finds no hindrance t......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......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 these suits that the two P. & I. clubs are expected to......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....ported in:
......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:
......esh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petit......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
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... suit land was not enemy property. Bhovendra Nath Bhadra and others did never go to India. In the suit land he has no right, title, interest and possession. 3. Defendant No.1, People's Republic of Bangladesh, represented by the Deputy Commissioner, Satkhira, Defendant No.2, Thana Nirbahi Officer,...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaÂration of title by settlement, S. A. Khatian is wrong and also the suit land is not veste...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proÂceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......o proÂceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond......o proÂceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
....ry, Advocate - For the Petitioners.
Writ Petition No. 6668 of 2008.
Order
ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh.
2. In this application, the refusal of examÂination of tax under the provisions of t......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is sumÂmarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
......rman and others…………………Respondents
Judgment
August 28, 2008.
Result:
The application is sumÂmarily rejected.
Mere keeping 10% of the total number of beds in the hospital for the poor is not enough to get the statutory tax exemption. In order to get the tax exemption und......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is sumÂmarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
..
Category: Fiscal/Taxation Law | Date: | Hits: 237
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....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. ......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. ......tition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Brie......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)
....ion (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, ......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... BLC (HCD) (2011)92. ......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. ......os. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken up together for hearing and are being disposed of by this single judgment. 2. Writ Petition No.3437 of 2008 h......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
....ecial Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Aung Shwe Prue Chowdhury…………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………Respondents
Judgment
January 12, 1997.
Result:
Th......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.
...... the Rule by filing an affidavit‑in‑opposition denying most of the averments in the writ petition and stating, inter alia, that age alone has not been considered in the past as the only criterion for recognition of the Bohmong Chief. Rather age, fitness, qualification and overall acceptability t......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
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....thers......Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Chand Mia, 12 BLD (AD) 48 = 44 DLR (...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid MiscellaÂneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... 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. ...... 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. ......8. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The State Acquisition and Tenancy Act (for short The Act) reversing Judgment passed by trial Court dismissing Preemption Miscellaneous Case...... 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
....€¦â€¦â€¦Petitioner
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 20......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 209.
Lawyers Invol......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....ng for the petitioner, submits that, section 44A(1) of the Code of Civil Procedure after amendment in 2003, stand for execution of any decree passed by a Court which has no reciprocating territory of Bangladesh Court as such, decree obtained in such country is unexecutable in Bangladesh. Learned Adv......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......08 impugning the judgment and order No.22 dated 14-7-2005 passed by the learned Joint District Judge, 4th Court Dhaka in Money Execution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proÂceeding and/or such other further order or orders as ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....t. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... 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. ......rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con...... 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)
....ir (hereinafter called the accuÂsed) on the ground that the government has decided to withdraw the case against him as recognition of his courageous service rendered to the cause of liberation of Bangladesh. The learned Judge upon a perusal of the petition accorded necessary permission to withdr....... 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. ......isal allowing withdrawal of a case pending against the accuÂsed opposite party No.2 under section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and peruse....... 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
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