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Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
.... No.210 of 1976. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This appeal is directed against the judgment and decree passed by Mr. B. Rahman, Subordinate Judge, 3rd Court, Chittagong dated 30.08.1975 and 30.09.1975 respectively in Money Suit No.24 of 1969/44 of 1971 decreeing the ......ntiff, letter Ext.5 (m) dated 13.02.1969 is addressed to defendant No.2 by the plaintiff letter Ext.5 (o) dated 13.02.1969 is addressed to defendant No.3 by the plaintiff. The plaintiff also issued notice Ext.5(1) dated 05.02.1969 under section 109 of the Chittagong Port Act as defendant No.4 blam......1954) 2 QBD 402; Sre Nair Teng Bank Ltd. Vs. Rambler Circle Company Ltd., 1953 All- ER, PC 182; Matthews Vs. Gibbs (1860) 30 L.J.Q B. 55) Lawyers Involved: M. Fazlul Karim, Pritish Bhatachartya for Mafizullah, Advocates -For the Appellants. Mozammel Hossain with Kamalul Alam, A.K.M. Anwaruz..Category: Business or Commercial Law | Date: | Hits: 463
....- For the Opposite Parties.
Civil Revision No. 2159 of 1990.
Judgment
Md. Mozammel Haque J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 20.8.90 passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title......datory injunction directing them to remove the huts if any erected in any portion of the suit land. After filing the aforesaid suit plaintiffs filed an application for temporary injunction. Thereupon notices were duly issued upon the defendants. Ad‑interim injunction was granted. The defendants ap......passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside.
2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs instituted Title Suit No.27 of 1987 in the ..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
.... the petitioner Shewe Hla Prue TK A Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause why the order contained in Memo No. Rev. 111‑12/85‑779(7) dated 19.12.85 issued by the Deputy Commissioner, Bandarban, respondent No.2 (Annexure‑E) should n......visit to Ruma on 7.12.85. This is the impugned order which is annexed to the petition and marked as Annexure‑E It has been submitted by the petitioner that he was neither served with any show cause notice as to his fault for his forced retirement from headmanship nor he was given chance of being h...... Tracts. He was also, appointed as Regular Headmen of Naithong Mouza by an order contained in Memo No.340/(5)/T. dated 18.1.77 issued by the Deputy Commissioner Chittagong Hill Tracts. Copies of the aforesaid orders of appointment are annexed to the petition and marked as Annexure B and B‑1. The p..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
.... Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia and was directed to serve similar sentence from the date of his arrest or surrender. 2. The Prosecution case as stated by P.W.1 Md. Shahid Miah is th......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......Ator Ali, Mushuri, Siddik, Jilani, Abdul Ali, Piar Mia and Mukkya have been convicted under sections 302/34 of the Penal Code read with Special Powers Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia an..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....spondent No.1. Appeal from Original Decree No.76 of 1963. Judgment Badrul Islam Cliowdhury J.- This appeal a the instance of defendant Nos.24 and 31‑38 arise out of the judgment and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of......stered as Title Suit No.5 of 1959. In the letter of reference 11 persons including the government were shown as persons claiming title and possession over the disputed land. However, after service or notice under section 5 of the said Act by the Court 40 more persons entered appearance and set up cl......d 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in the District of ..Category: Property Law | Date: | Hits: 118
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....in by the learned Magistrate, Chuadanga for another period of 10 days from 02.10.1984 upto 11.10.1984. In pursuance of a detention order by the Additional District Magistrate, Dhaka under Memo No.361 dated 08.10.1984 the detenue was detained under sub-section (2) of section 3 of the Special Powers A......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ...... Nafiza Mariam, wife of detenue Major (Retd.) Bazlul Huda under section 491 CrPC, was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Ban..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....ed: Aftab Hussain, Advocate -For the Petitioner. No one - For the Respondents. Writ Petition No. 424 of 1985. Judgment Amin-Ur-Rahman Khan J. - This Rule is directed against the order dated 29.10.1985 passed by the respondent No.8 namely, The Chairman, Labour Court, Chittagong in I.R......rned with any industrial dispute cannot be regarded as a civil Court or to have the powers of civil Court under section 36 of the LR.O. 19. The last and rather latest decision that has come to our notice is a decision of a Division Bench of this Court given in the Cases of Pubali Bank Ltd. Vs. Th......nt Traffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their join..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ghest sacrifice in the War of Liberation in 1971 and/or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4(four) weeks from date. Order of the Court Since we are in difference of opinion let this matter be placed befor......llow to release any one without their trial by competent Courts/Tribunal. 5. On the other hand, Mr. Abdus Salam Mondal the learned Deputy Attorney-General instantly made his appearance to draw our notice to the fact that identical prayer in another writ petition No.7093/2010 filed by the same Adv......olved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman Advocate for AKM Fakhrul Islam, Advocate - For the Petitioner. Mahbubey Alam, Attorney-General with Murad ..Category: Constitutional Law | Date: | Hits: 314
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ite-Parties. Civil Revision No. 3934 of 2010 Judgment FRM Nazmul Ahasan J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 25-3-2008 passed by the learned Additional District Judge, Sylhet in Civil Revision No.79 of 2......3-8-2004 the Additional Deputy Commissioner (Revenue), Sylhet cancelled the mutation created in the name of the defendant No.6 and passed an order to vacate the land within 7 days without serving any notice and without giving any opportunity of being heard and while the defendant No.6 and defendant ......case are that the present opposite party as plaintiff instituted the Title Suit No.120 of 2004 impleading the petitioners as defendants in the Court of Joint District Judge, 2nd Court, Sylhet praying for declaration that the Kabala dated 15-7-2004 in favour of defendant Nos.1-5 executed by the defen..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....asan, and Khalilur Rahman (Helal), Advocates - For the Respondents. First Appeal No.320 of 2008. Judgment Mirza Hussain Haider J.- This appeal is directed against the judgment and decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of......ons to vacant the suit premises as per agreement he continued to possess the same without paying rent and compensation to the plaintiff landlord. As such the plaintiff landlord, on 2-8-2003, issued a notice under section 106 of the Transfer of Property Act by registered post with A/D upon the defend......ecords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1708 of 20...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed b..Category: Criminal Law | Date: | Hits: 90
....dvocate-on-Record- For the Petitioners
Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents
Civil Petition for Leave to Appeal No. 249 of 2011.
(From the judgment and order dated 7th November, 2010 passed by the High Court Division in Civil Revision No.3939 of 2007.)
......and as such the plaintiff could not take possession in those 3 shops. While he was in possession the Government, at the instance of the tenants, started V.P. Case No.287 dated 21.10.1992 and issued a notice upon the plaintiff asking him to show cause as to why and how he is in possession in the suit......ik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners
Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents
Civil Petition for Leave to Appeal No. 249 of 2011.
(From the judgment and order dated 7th November, 2010 pas..
Category: Property Law | Date: | Hits: 181
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
.... Party No.2. Criminal Revision No.592 of 2008. Judgment JBM Hassan J. - This Rule was issued, on a revisional application, calling upon the opposite parties to show cause as to why the order dated 28-2-2008 passed by the learned Additional Sessions Judge, (in charge) 2nd Court, Cox's Bazar ......oured due to insufficient fund in the account and that on repeated demands of the cheque amount, the accused-petitioner failed to make any positive response. The complainant on 12-6-2006 sent a legal notice under registered post and the accused though received the said notice on 24-6-2006 but did no......titioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....o restore vacant possession of the petitioner's property being 5 Bagmar Road, PS Kotwali, Mymensingh also known as 5 Medical Gate Road PS Kotwali, Mymensingh in compliance with the judgment and order dated 10‑1‑1998 in case No.1019 of 1992 (Ka‑9, Mymensingh) against Serial No.9 at 9762(70) pas......son and in writing under registered post and ordinary post for restoration of possession of the above building to the petitioner but without any result. The petitioner then served a demand of justice notice demanding restoration of possession of the aforesaid holding but without any reply. The petit......ession of the case property treating the same as abandoned property. Since the property does not answer to the description of abandoned property, the government is required to take all possible steps for restoration of possession of the case property to the petitioner.............................(5)..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....ners. Farida Khan, Advocate - For Opposite Parties. Civil Revision No. 3797 of 2004. Judgment Enayetur Rahim J.- The judgment-debtors obtained the present Rule from a judgment and order dated 13-6-2004 passed by the learned Additional District Judge, 1st Court, Chittagong in Civil Revi......allegations for contempt/violation of the Court should not be brought against them. The present judgment-debtor petitioners appeared in the Court and prayed for time to give reply to the show cause notice and on 8-6-2003 judgment-debtor petitioners filed an application before the Executing Court......thereby affirming those of dated 11-1-2004 passed by the learned Senior Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuanc..Category: Civil Law | Date: | Hits: 166
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....te—For the Opposite Party. Civil Revision No.236 of 1996. Judgment Md. Abdur Razzaque J.-This Rule at the instance of the pre‑emptor petitioner is directed against the Judgment and order dated 16‑10‑1995 passed by the learned Additional District Judge, 3rd Court, Chittagong in Misce......e-emptor accrued on the basis of registered deed of purchase Exhibit 1 cannot be affected, inasmuch as, he was neither a party in the sale nor in the Money Execution Case No.2 of 1945 nor received notice of sale-proclamation under Order XXI Rule 54 of the Code enabling him to file objection again......pre‑emptors case that P.W.2 Dilal Ahmed upon receipt of summons in a partition suit being TS No.251 of 1969 instituted by the opposite party No.1 came to know of the impugned transfer and then he informed about it to the pre‑emptor on 1‑1‑1970. As an unnotified co-sharer after obtaining the ..Category: Property Law | Date: | Hits: 132
....oydebpur-Debogram-Bhulta-Nayapara-Madanpur road in the year 1999‑2000 in favour of respondent No.4 at the price (lowest) quoted by the petitioner for acceptance by the Government vide Annexure H dated 11‑23‑2000.
2. The case of the petitioner, in brief, is that it is a private limited ......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......n Shaheen, Deputy Attorney-General—For Respondent Nos.1 to 3.
Writ Petition No. 5885 of 2000.
Judgment
MA Aziz J.—Under challenge in this Rule is the processing of the award of Contract for Construction of 415 meter long pre-stressed concrete girder bridge over river Sitalakhya on Jo..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....o.2 asking him to call a meeting of the Company. Respondent No.2 refused to call meeting of the Company in order to discuss the matters as Stated in the said notice. Instead, he served a notice dated 16.8.89 convening a meeting of the company to be held on 1.9.89 for the agenda shown in the sa...... and in order to have threadbare discussion regarding the company and its affairs and, business and having failed to make respondent No.2 see reasons, the petitioner Nos.2, 3, 4, 5. 6. 7 and served a notice on 3.8.89 upon respondent No.2 asking him to call a meeting of the Company. Respondent ......h Serajur Rahman, Advocates ‑For the Respondents. Company Matter No. 47 of 1990. Judgment Md. Mozammel Hoque J.- This is an application under section 38 of the Companies Act, 1913 for rectification of share register of respondent No.1 Company, namely, Doctor's Chemical Works Limi..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....ated anywhere in this ground to which labour organisation or to which women's organisation such funds had been supplied by the detenu. It has not also been stated what amount, in what manner, on what date and to whom such funds were supplied. We have, therefore, no hesitation to hold that this groun...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......sons, Dhaka Central Jail and Deputy Inspector General of Prisons, Rajshahi Central Jail, to show cause why they shall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in cus..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....of the Constitution and as to why the petitioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surp......nd this letter of respondent No.2 dated 16.1.94 has been annexed as Annexure-G to the Writ petition. The appointment, promotion and deputation section of the Establishment Division accordingly vide a notice dated 19-1-94 named the 8 of those 9 BCS Trade Cadre Officers, the petitioner being one of th......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac..Category: Employment/Service Law | Date: | Hits: 216
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