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Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....e J Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Ban......t 'bank protection embankment' to protect the River side areas exposed to erosion. 7. At the request of the local people for legal assistance, the petitioner organization undertook necessary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality an..Category: Environmental Law | Date: | Hits: 1019
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule arisÂes out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added 4th party in a proceedi......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....posed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and DisÂtrict Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbitrator and Subordinate Judge, 1st Court, Dhaka in Arb......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on different dates without receipt of money thereof on the same date, that there was cash shortage of Tk. 32,650/-of different parties and cash debit vouchers, that he allowed C.C. plus facilities to 5 parties without pledge of......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....uru Miah Chowdhury and threw him on the floor, that the three confessing accused Shahnewaz, Jamaluddin and Moniruzzaman pressed Nuru Miah Chowdhury on the floor by catching hold of his legs and other parts of body, that accused Bachu Chowdhury then thrust nails into the head of Nuru Miah Chowdhury b......az, Jamal Uddin, Selim Khondker, Saidur Rahman Chowdhury, Atiar RahÂman and Nizamuddin to show cause why the order dated 14.7.88 passed by the Chief Metropolitan Magistrate, Dhaka permitting further investigation into the case by the police (under section 173(3B) Cr.P.C.) after the earlier discharg..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some conversation between parties and at one stage of the conversation Saburuddin expressed unwillingÂness to return the mone......r taking him to Thana. Other accused persons fled away and took shelter at Indian enclave Kalamati. Many persons came to the place of occurrence and heard of it from the informant. Police took up the investigation of the case and visited the locality and seized alamats, and prepared an inquest repor..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....al Code. 5. In course of investigation appellant Nasir Ahmed made confessional statement before the MagÂistrate stating that Enamul Hoque and Tasir Ahmed killed his father by dao blow on various parts of his body with the object of robbing his father Nona Mia of the money. Nasir Ahmed was forbi......sed Nona Mia's another son Musa came to the Sudharam Thana and lodged the ejahar. The ejahar was read over to him and he having understood the contents admitted it to be correct. 4. Police took up investigation of the case, preÂpared the inquest report and thereby sent the dead body of Nona to t..Category: Criminal Law | Date: | Hits: 117
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....ate Vs. Shafiqul Islam, reported in 43 DLR (AD) 92 wherein it has been held that section 5 of the Evidence Act of wife killing case. In such a case there could be no eye‑witness of the occurrence, apart from inmates of die house who may refuse to tell the truth. The neighbours may not also come fo......bout 12‑30 AM at village Uttar Ganda Mara. On the basis of this information the Officer-in-Charge of the Haimchar Police Station started UD Case No.6 dated 6‑5‑2000 and handed over the case for investigation to Md. Ainul Hoque ASI. 3. Thereafter, ASI Md. Ainul Hoque along with some other co..Category: Procedural Law | Date: | Hits: 118
....ligation and as such, the Rule is liable to be discharged.
4. It is further stated that the petitioner having failed to point out any violation of any statutory rule or law or any mala fide on the part of the Respondent No.1 in disconnecting the gas unit line No.3380004 the relief sought for is n.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
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Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....gwan was also not followed. Sen, J. after reviewÂing a large number of cases on this subject held that "In our opinion though ordinarily where a decree has been passed after some contest between the parties such decree is appealable, where it has been proved that the suit has been adjusted by a law......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....impugned Kabala registered on 17.6.72 gave rise to this present pre-emption case under secÂtion 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that oppoÂsite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.31......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....isposal? 2. Facts relevant to answer the question are that the petitioner was elected a Chairman of the LoÂcal Union Parishad and his name was duly published in the official Gazette. The opposite party No.1 hereÂin filed Election Case No.1 of 1988 before the ElecÂtion Tribunal, (Assistant Judg......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....on and sentence and the papers on records, submitted, that in the instant case, the trial having taken place in absentia without any service of notice upon the petitioner and the accused petitioner, apart from his memorandum of appeal, having filed a separate petition for condonation of delay under ......also recognized the thieves by face but were unable to disclose their names. 3. On this, the Sub-Inspector of Police investiÂgated the case, visited the place of occurrence and afÂter completing investigation submitted charge sheet against the accused petitioner only, showing him as absconding...Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
.... the ordinary laws of the country cannot ever contemplate or visualize extra‑constitutional Courts or Tribunals in an extra constitutional dispensation. It is well settled that Martial Law is not a part of the constitutional scheme of this country. It is an extra constitutional dispensation. It is......€‘1‑76 he lodged FIR with OC Tanore police station alleging that some fertilizers have been stolen away from godowns 1 and 2 for which Tanore PS Case No.5 dated 22‑1‑76 was registered but after investigation police submitted a final report stating that the cause made out in the FIR was false a..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......ect Committee. On this allegation the aforesaid Nesarabad, PS Case No.1 dated 30‑6-89 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was registered. The police took up investigation of the case on 30‑6-99 and the learned Magistrate by his order dated 27‑12‑89 ex..Category: Criminal Law | Date: | Hits: 97
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....118 of the Evidence Act, all persons, who can understand the questions put to them and can give rational answer to those questions are competent to testify before a Court. It is not imperative on the part of the trial Court to subject a child witness to a preliminary examination as is claimed by the......e appellant had killed Ferdousi Begum with a doo. A first information report was lodged with the local police station by P.W.1 Md. Shishu Mia on the following day at 7 AM in the morning. In course of investigation, P.W.7 Kalu Mia made a statement before a Magistrate under section 164 of the Criminal..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....d the premises and they recovered licensed fire‑arms and ammunition from the house which they seized on the same day, that, is on 12‑10‑96. It is also the case of the petitioner that the search party failed to find out any unlicensed arms and ammunition from the premises. It is also the defini......hey forced the petitioner to put her signature. Then ultimately, the FIR of this case was lodged on 2‑11‑96 under the Arms Act and the case was registered as aforesaid and the same is still under investigation. 3. Mr. Mahbubur Rahman, the learned Counsel appearing on behalf of the petitioner..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....Petitioner Vs. Moksed Ali and others…………………………Condemned-Prisoners Judgment February 1, 2011. Result: In the result, Death Reference No.139 of 2005 is accepted in part. The Criminal Appeal No. 4422 of 2005 and Jail Appeal Nos. 1058 and 1059 of 2005 are dismiss......ment for life. The other two accused persons, Adalat Khan and Mobarak were acquitted. It is noted that of the three said Condemned Prisoners. Tutul and Ripon were both absconding at the time that the investigation into this case began but subsequently Tutul was arrested on 28-9-2003. Ripon, on the o..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....rate application were also filed on behalf of the Ain‑o‑Salish Kendra sworn on 5‑4Â-2004 and Bangladesh Mahila Parishad sworn on 11- 4‑2004. In these two petitions they prayed to be added as parties or interveners, as such, by an order dated 12‑4‑2004 both these organisations were allow......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....From the judgment and order dated 11.3.1997 passed by the High Court Division in Civil Revision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
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