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State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....in its favour, the last such request being on January 2011. 38. As the Rule matured we invited a number of bodies, having genuine interest and concern on the matter, who are familiar with relevant facts and laws, to assist us as amicus curiae, Bangladesh Environmental Lawyers’ Association (BELA......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
.....3.2008 allowed the appeal and thereby allowed the pre-emption case on finding, inter alia, that the principle of waiver, estoppel, and acquiescence will not be applicable upon the pre-emptors in the facts and circumstances of this case of pre-emption and as such the trial Court has committed error ......udgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... 4. Three P.Ws. were examined on behalf of the preemptors while 4 O.P.Ws. were examined on behalf of the preemptors in support of their respective cases. 5. The trial Court on consideration of the evidence and the materials on record by judgment and order dated 13.09.2001 rejected the prayer for ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....objection. The Executing Court cannot go behind the decree or claim in Execution Case and it has no jurisdiction to amend or modified decreetal amount or interest or legal expenditure. Further in the facts and circumstances of the instant case equity is not in favour of the petitioner as the petitio......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
..... Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case………………………………………….(27) The......: 61 DLR (HCD) (2009) 72. ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....fit and proper. 2. By the Rule issuing order dated 23-7-2007, all further proceeding of the said case were stayed till disposal of the Rule. 3. For the purpose of disposal of the Rule, relevant facts are that opposite party No. 1 Shadulla Hel Mamun as the complainant filed a petition of compla......also Reported in: 61 DLR (HCD) (2009) 762. ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....২/বগ-২/২০০২/৭৯৮ dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33......e is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....f the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Ain-2000), rejecting the Naraji Petition and discharging the accused opposite party Nos.1-6 from the case should not be quashed. 2. Short facts leading to this Rule are that on 25-1-7007 the petitioner as informant lodged a first informat......Division (Criminal Miscellaneous Jurisdiction) Present: Md. Abdul Quddus J Syed Md. Ziaul Karim J Khurshida Begum………………………Informant-Petitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: T......ccount the defence version of the case." 12. In the said case at paragraph 12, it has been observed: "High Court Division will see that on the facts disclosed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materi..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....tted on 13-11-2011 with a recommendation to stand trial of the accused along with other namely Md. Gohor Siraj, Managing Director of M/s 4H Fashion limited whose name is not available in the FIR. The facts narrated in the FIR has totally been taken a new shape in police report where benefit will go ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J MM Shabbir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....an FIR. The case was lodged on 19-05-2010 and the case was registered as Kafrul PS case No.42 dated 19-5-2010 under section 7/30/9(1) of the Nari-o-Shishu Nirjatan Ain 2000 as amended 2003. 3. The facts of the case, inter alia, is that Mosammat Rokeya Dil Afroz Munmun was a school going student w...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C......d the offence committed by the accused Md. Arif Khan, rather contradicts the charge-sheet. She has been in custody without any fault of her. 21. In of the facts and circumstances of case, material evidence on record and the decisions referred hereinbefore since the victim Mosammat Rokeya Dil Afro..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....suing order dated 22.3.2009 all further proceedings of Artha Jari Case No. 12 of 2005 was stayed for a period of 3 (three) months and subsequently it was extended till disposal of the Rule. 3. The facts leading to disposal of the Rule are briefly stated below: According to the plaint, the peti......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The......pport of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Artha Rin Adalat upon consideration of the evidence on record passed the impugned order dated 25.7.2004 and thereby decreed the suit against th..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
.... the P.Ws. and the suggestions put forward on their behalf is that they are innocent and they have been falsely implicated in the case out of previous enmity and grudge. 8. On consideration of the facts and circumstances of the case and evidence on record, the learned Additional Sessions Judge, 3....... ......inal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doub..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....01 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioners are holders of secur......se is also Reported in: 30 BLD (HCD) (2010) 49. ......is not permissible. 21. Increase of capital happened in the case of ICB 1st Mutual Fund which started with a capital of Tk.50 lac and issued 1:2 bonus share to increase the capital to Tk.75 lac as evidenced by Monthly Review of DSE of March 2009 (P-52-53). The prospectus of ICB Mutual Fund reveal..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....t of appeal below committed error of law resulting in an error in the decision occasioning failure of justice in reversing the judgment and decree of the trial court without applying it's mind on the facts, circumstances and evidence on record. 9. None appears to oppose the Rule. 10. I have he......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......and obtained the present Rule. 8. Mr. Moshfiqueuddin Bakhtiar, the learned Advocate appearing on behalf of the petitioner submits that the Court of appeal below without considering the documentary evidence that is Exhibits 1-5 allowed the appeal by setting aside the judgment and decree passed by ..Category: Property Law | Date: | Hits: 155
....eem referred to an unreported decision passed in Writ Petition No.6813 of 2001 (Bimal Sarder and others Vs. People's Jute Mills Limited and others) by another Division Bench of this Court wherein the facts and circumstances are similar. Therein it has been held “there is no rationality to the subm......t:
Mirza Hussain Haider J
Md. Rais Uddin J
Ranjit………………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others……………………………….Respondents
Judgment
August 5, 2007.
Result:......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
..
Category: Criminal Law | Date: | Hits: 143
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the......may make such order as it thinks fit for the proper custody of such property pending conclusion of enquiry and trial and if the property is subject to speedy or natural decay may after recording such evidence as it thanks necessary, order it to be sold or otherwise disposed of." 14. In view of ab..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....ht following 29.12.1993 and they had thrown away the dead body of Rafiq into the river. During such interrogation some police personnel appeared there and the accused persons again disclosed the same facts to the police. Thereafter the informant, his companions and the police personnel went to the b......ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......So even if the GD is treated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the prosecution case or the evidence on record as a whole……......….(34) Case Referred to- The State Vs. Md. Farid Ka..Category: Criminal Law | Date: | Hits: 170
....Attorney-General - For the Respondents.
Writ Petition No.6992 of 2005.
with
Writ Petition No.4663 of 2005.
Judgment
SM Emdadul Hoque J.- In these 2 (two) Writ petitions, similar facts and common question of law having been involved, those are heard analogously and are being dis......This Case is also Reported in: 16 BLC (HCD) (2011)351.
......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....aneous Case against the ex-parte decree passed in TS No.113 of 1999. Two years 2 months thereafter the instant Miscellaneous Case under Order IX rule 13 of the CPC was filed by suppressing material facts only to deprive the plaintiffs of the fruit of decree they got through sustained legal battle.......Case is also Reported in: 64 DLR (HCD) (2012) 167. ......d favour with the superior Courts. In Bangladesh Vs. A. Wadud, 25 DLR (SC) 90, it is held: Absence of defendant cannot give the plaintiff an occasion to obtain an ex parte decree without producing evidence in support of his claim. This view is consistently subscribed by the superior Courts in a..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......t opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial busin....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....the objection petition dated 9-10-2005 and 14-11-2005 filed by the defendant No.5 against award and to pass a decree in terms of award dated 20-8-2005 filed by the learned Arbitrator. 2. The short facts relating for disposal of the rule, is that, the opposite party, Bangladesh Water Development B......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades......ccompany with written objection or to be filed along with the written objection. 32. Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit. ..Category: Civil Law | Date: | Hits: 195
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