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Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
.... Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dh......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ...... 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certificate to respondent No.1, the Deputy Commissioner of Taxes, Taxes C..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....nomalies. On 02.06.1980 the complainant in good faith in presence of witnesses paid Tk. 12,00,000/-more to the accused at complainant's house at 981, OR. Nizam Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at complainant's sa......aining 20/22 N.O.C.-Visa, work permit, etc. for the relations of the complainant and hand them over to him. 3. Thereafter the accused was delaying the matter unduly. The complainant issued several notices to the accused through his Advocate. Instead of giving reply to the notices the accused came......ni P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often...Category: Criminal Law | Date: | Hits: 362
....Advocate-For the Opposite Parties.
Civil Revision No. 58 of 1986.
Judgment
Nurul Huque Bhuiyan J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 22.09.1985 passed by the learned Additional District Judge, Noakhali, in Miscellaneous Appea......t the decision of the learned Additional District Judge the petitioners have obtained this Rule.
4. Mr. Md. Ruhul Amin-II, the learned Advocate appearing for the petitioners, has submitted that no notice was served on the original plaintiff and consequently he did not get an opportunity of opposi......984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit property at the instance of the defendant No.11.
2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the petitioners, as p..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....cellaneous Appeal No.229 of 2007 with Civil Rule No. 665(FM) of 2006. Judgment Mirza Hussain Haider J.- This appeal has been preferred by the 2nd party appellants being aggrieved by Order No.37 dated 28-3-2006 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous Case No.973...... of the entire property along with all original papers. But the seller appellants did not comply with the same. Thus the purchaser respondent, on the basis of Clause No.6 of the said agreement gave a notice on 05.08.2002 to the seller appellants for arbitration upon appointing Mr. AFM Mesbahuddin, a......to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ng is now pending before the court; A similar view was taken in Dallas Vs. Ledger where the proceedings had gone somewhat further in that the unsuccessful defendant to a libel action had given notice of an application for a new trial although the application had not yet been heard. In this ca...... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions..Category: Criminal Law | Date: | Hits: 131
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....z. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment Abdul Hasib J.- This Rule calls in question the legality and propriety of the judgment and decision dated 4.2.90 in Election Tribunal Appeal No.1 of 1988 passed by the Additional District Judge, First......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......claring the petitioner as elected Chairman of No.3, Mirzapur Union Parishad, Hathazari, Chittagong in place of opposite party No.1 Mohammad Zulfiqar. 2. The petitioner’s case is that election for the post of Chairman of No.3 Mirzapur Union Parishad of Hathazari Upazila, Chittagong, was held ..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... side of his head. The witnesses cane and saw the occurrence. Later on Mohiuddin and deceased Mofazzal were removed to Sreebordi Hospital for treatment where Mofazzal Hossain, died immediately on the date of occurrence on 11.6.85. Mohiuddin remained in the hospital for treatment. 3. After inve...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......l Saha, Advocate - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir A..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....the Civil Procedure Code is not maintainable, specific remedy of his grievance lying in a separate forum, the Labour Court, established under the Industrial Relations Ordinance, 1969 as amended up to date. I do thus agree with Mr. Zainal Abedin that the plaintiffs are workers, that the Labour Court ......ided as follows: "(1) Notwithstanding anything regarding lay‑off, retrenchment, discharge and termination of service as provided elsewhere in that Act, a worker may be dismissed without prior notice or pay in lieu thereof or any compensation‑ (a) If he is convicted for an offence inv......sta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. Lawyers Involved: Kazi AT Monowaruddin, Advocate ‑ For the Pe..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....j is hereby rejected. The sentence of death as passed by the learned Sessions Judge Manikganj is reduced to life imprisonment. As the accused is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... J.- This reference being Death Reference No.40 of 1991 has been submitted under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Manikganj in Sessions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been..Category: Criminal Law | Date: | Hits: 125
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....is First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impugned Judgment the Bar Council Tribuna......nt case guilty and reprimanded and warned them so that they might not repeat it in future. 8. While the hearing of the case was going on, the learned Advocate for the complainant brought it to the notice of the Tribunal that in the resolution book another resolution dated 21.5.92 appears to be fo...... SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgmen..Category: Others | Date: | Hits: 139
....
Lawyers Involved:
Md. Abu Bakr Siddique, Advocate - For the Petitioners.
Writ Petition No. 924 of 1995.
Judgment
AM Mahmudur Rahman J.- By this application the petitioners impugn Order dated January 19, 1995 passed by respondent 1, Member Land Appeal Board of the Ministry of the Gover......aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......inistry of the Government of the People's Republic of Bangladesh.
2. The Petitioner filed Miscellaneous Cases No.22‑26 of 1984 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the gr..
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
.... the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the learned Advocates, perused the application and LC records. 3. By order dated 21.11.88 further proceeding of the said case was stopped under section 339C of the Code of Cri...... then the order dated 21.11.88 also means that they were also absent when the proceedings of the case was stopped and, as such, that order also suffers from the same defect. Moreover, we have already noticed that Marine Court is constituted only with a Magistrate, 1st Class and the assessors are onl...... For the Petitioners. Abdus Salam Mamun, Advocate ‑ For the State. Criminal Revision No.2 of 1989. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the le..Category: Criminal Law | Date: | Hits: 88
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....rnment for according sanction in Special Case No. 7 of 1990 for quashing of which Crl. Revision No.3670 of 1990 has been filed. Thereafter, sanction having not been received within 60 days, by orders dated 18.5.91 passed in the said two cases learned Senior Special Judge treated that sanction was de......or an offence triable under the said Act. 7. Let us now see what is meant by cognizance of an offence and what is meant by prosecution of an accused under the Code. 8. Cognizance means taking notice of an offence by a criminal Court initiating a judicial proceedings against the offender in r......ioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Pen..Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......not file any complaint and so the learned Magistrate acted illegally in taking cognizance without a complaint in writing from the officer whose order was allegedly violated. 5. It has already been noticed that the order violated is an order under section 144 of the Code and the person aggrieved b......n No. 471 of 1989. Judgment Md. Hamidul Haque J.- This Rule at the instance at the accused Petitioners of CR Case No. 28/85 pending in the Court of Upazila Magistrate, Chakoria, Cox's Bazar, is for quashing that proceedings. 2. Facts relevant are, that a case under section 144 of the Code o..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....f Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon the respondent to show cause why the judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in ......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......rd Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., a company incorp..Category: Procedural Law | Date: | Hits: 180
....Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revision No. 444 of 1970.
(In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.)
Judgment
......ession and dispossession and pointed out certain discrepancies in the evidence of P.Ws.3 and 4. It appears that the learned Munsif has considered the evidence of all the P.Ws. and D.Ws. He has also noticed the discrepancies in the statements of P.Ws.3 and 4 and accordingly found that the plainti......ioners.
Md. Nizamul Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revision No. 444 of 1970.
(In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56..
Category: Property Law | Date: | Hits: 119
....d under the Companies Act in Bangladesh. The petitioner No.2 was incorporated on 6.10.1980. The Directors of the Company could not hold its annual general meeting within 18 (eighteen) months from the date of incorporation i.e., within 05.04.1982, as required under section 76 (1) of the Companies A...... in writing. By a letter dated 20.5.85 the petitioner No.2 requested the office of the Registrar to signify the non-acceptance of the return, without reply. The lawyer of the petitioners served a notice of demand of justice dated 16.02.1985 on 23.02.1985 but the respondent Registrar did not send......07.1983, but it failed to do so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with section 281 (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
.... Petition No.89 of 1993. Judgment AM Malunudur Rahman J.- The petitioner obtained this Rule from this Court upon the respondents to show cause as to why the order, No.Dhaka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bang......entations of the Association the then First Lady, Begum Rowshan Ershad, asked the Directors of the Biman to put the age of the Cabin Crew (Stewardess) at par with male cabin Crew. Respondent 1 served notice being No.Dhaka GF/P‑ 32243/92/3004 dated 01.12.92 upon the petitioner requiring her to appl...... called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to..Category: Employment/Service Law | Date: | Hits: 361
....ct of Khulna the Governing Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed a......tion, the Chairman of the Appeal and Arbitration Committee and the Divisional Commissioner, Khulna Division. But he did not receive any reply to his representation. He then served a demand of justice notice on the respondents through his Advocate and came to know that the college authority informed ......rning Body of the said college, in its meeting held on 9.9.81 with effect from 6.8.81 and the respondent No.3 also asked the petitioner to show cause as to why he should not be dismissed from service for his continuous absence from duties and also for serving as a teacher of another college during h..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....ur petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the signature of respondent No.3, Secretary, Dhaka a Water Supply and Sewe......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ocate ‑ For the Respondent Nos. 4‑10. Writ Petition No.1900 of 1990. Judgment Md. Ruhul Amin J.- The Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule responden..Category: Employment/Service Law | Date: | Hits: 191
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