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Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....th VAT and tax amounting to Taka 60, 98,000.00 (Taka sixty lac ninety-eight thousand) only the respondent No.6 executed the lease agreement on 28-6-99 in favour of respondent No.7 and handed over the possession of Mongla-Ghasiakhali Canal Toll Station after midnight of 30-6-98 i.e. in the small hour......and 1998-99 the petitioner became the highest bidder for the lease of Mongla-Ghasiakhali Canal Toll Station, hereinafter referred to as the said Canal Toll Station, tender for which were invited by Inland Water Transport Authority, hereinafter called IWTA. His bids were accepted and he was given lea......direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......nted to respondent No.7 Muktijuddha Sangsad, Bagerhat in violation of the provisions of Annexure-G as no tender was called for leasing the said Canal Toll Station. 18. Mr. Abdul Wadud Bhuiyan also questioned the special status of respondent No.7 the Bangladesh Muktijuddha Sangsad as, according to..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......6 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 facts as well as laws are involved in these cases and, as such, after hearing the same t..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......ed company incorporated on 04.01.2007 under the laws of Bangladesh for conÂducting the business of cargo agents, forÂwarding agents, clearing agents and/or general agents for operators of air, sea, land and inland waterway carriage underÂtakings; that the respondent No.1 is the Government of Bang......of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......e appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......o pay half of the amount representing the difference between the tax as determined on the basis of the order of the Joint Commissioner and the tax payable under section 74 of the Ordinance.
5. The question before us is whether by the said amended provision petitioner's right to appeal under secti..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......erit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......nt No.1 and Memo dated 21‑5‑1991 issued by the respondent No.4 should not be declared to have been passed without any lawful authority and of no legal effect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the peti..Category: Others | Date: | Hits: 146
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......es ‑ For the Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Misce......‘89 and, as such, these two memoranda have hardly any application to the facts of the present case. In the impugned order dated 21‑1‑95 the learned Subordinate Judge has rightly observed that the question whether Mr. Maksudur Rahman was a confirmed or a retired Judge has hardly anything to do wi..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ed in the house during the night and in the morning again he entreated his father‑in‑law to allow his wife to go with him but his father‑in‑law refused and went to the field for ploughing the land. Thereafter Abul approached his mother‑in‑law but she also turned down his prayer. Being re......ment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death the offence becomes murder. “Whenever a Court is confronted with the question whether the offence is ‘murder’ or ‘culpable homicide’ ‘not amounting to murderâ€..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......nce with, and subject to, the provision of the Arbitration Act, 1950, and clause 23 of the agreement providing that the agreement shall be interpreted in all respects in accordance with the law of England. Mr. Chowdhury contends that section 8(2) of the Bangladesh Arbitration Act, 1940, and section ......s. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964......e of termination and it was registered as Arbitration Misc. Case No.162 of 1994 and the Court directed British Airways to show cause within five days. The British Airways filed an objection raising a question of jurisdiction on the ground that the learned Subordinate Judge had no jurisdiction over t..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ion filed by the present petitioners at the trial Court against the plaintiffs' application for temporary injunÂction where it is stated that the entire suit proÂperties are under the enjoyment and possession of the plaintiff Nos.1 and 2 and the defendants as Directors and defendants No.1 as the M......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......arties Judgment August 21, 1983. Result: The Rule is made absolute. Lawyers Involved: M.A. Quyum with Subodh Ranjan Dutta - For the Petitioners. A. F. Hasan Ariff with Hemayetuddin Ahmed - For the Opposite Parties. Civil Revision No. 3 of 1983. Judgment MH Rahman J.- ......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
....m the above quoted sub-section (2) of section 12 of Artha Rin Adalat Ain, 2003 it is clear that if any financial institute files any suit in Artha Rin Adalat before selling the pledge goods under its possession and control it shall sell those without delay and adjust the sale-proceed with the loan a...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......es. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...Category: Civil Law | Date: | Hits: 120
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....int that the plaintiff No.1 purchased .78 decimals of land under S.A. Plot No.10, and he subsequently sold some portions of his purchased land to the other co-plaintiffs and all the plaintiffs are in possession of the suit property, described in the schedule of the plaint measuring .78 decimals and ......Assistant Judge, Savar Thana, Dhaka, impleading the petitioners as defendants praying for a permanent injunction. The plaintiffs stated in the plaint that the plaintiff No.1 purchased .78 decimals of land under S.A. Plot No.10, and he subsequently sold some portions of his purchased land to the othe...... (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....t being Title Suit No.48 of 1979 in the First Court of Subordinate Judge, Dhaka seeking, following relief's: a. A decree may be passed in favour of Plaintiff and against Defendants, by confirming, possession of Plaintiff on "A" schedule property. b. A decree for recovery of khas possession may...... up for consideration in Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan and others, 23 DLR HCD 108. Fourth Twelfth Respondents in Writ Petition had been granted lease/settlement of the suit land by Third-Respondent Assistant Custodian of Enemy Property and lessee had been authorized by Ene...... Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......o be absolutely essential to the proper conduct of a cause where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact, by Some questions put in cross-examination showing that imputation is intended to be made, and not to take h..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......etition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......DLR (SC) 225 a case under Article 98 of 1962 Constitution of Pakistan which deals with locus standi of a petitioner. Reliance has also been placed in a case reported in 46 DLR 282 wherein the similar question of standing was decided by a Division Bench of the High Court Division of the Supreme Court..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....nless earlier redeemed by repayment of the consideration a mortgagor acquires right to redemption on the expiry of the maximum period of seven years, and if the mortgagee does not voluntarily restore possession of the land to the mortgagor, the latter may file a suit for redemption within a period o......ion. 2. Petitioner filed the suit for declaration that the two Kabala deeds dated 18‑3‑1981 executed and registered by the plaintiff in favour of defendant opposite party No.1 transferring the lands of Ka and Kha schedule of the plaint have embraced the nature of usufructuary mortgage and not......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237; Ba......on and Tenancy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transfer of the suit land on the basis o..Category: Property Law | Date: | Hits: 117
....s monthly tenant on the ground of default in payment of rent. The suit was decreed ex parte on 224‑85. Thereafter, opposite party No.1 started SCC Execution Case No.2 of 1985 for taking delivery of possession. The petitioner claiming the suit property as vested property filed Misc. Case No.11 of 1......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......iction)
Present:
Kazi Ebadul Hoque J
Additional Deputy CommiÂssioner (Rev) and Assistant Custodian, Vested Property……………………………..Petitioner
Vs.
Syed Tahammul Hossain and others…………………………..Opposite Parties
Judgment
May 15, 1994.
Result...... had no locus standi to file an application for stay. No relief was sought against the petitioner in the execution case. So he is not a person who will be affected by the execution of the decree. The question whether the suit property is a vested property or not cannot be decided in an execution pro..
Category: Procedural Law | Date: | Hits: 135
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......0 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......in-charge of the National University is empowered to perform the routine works in the absence of the Registrar as such he had no jurisdiction to issue the order of suspension and show cause notice in question. 9. The Learned Advocate relying, upon the decision of the case of Anwarul Huq Khan Vs. ..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....of the convict appellant as it appears from the trend of the cross-examination of the P.Ws. is that he has been falsely implicated in this case and that no arms and ammunition were recovered from his possession. 4. In this case 10 P.Ws. have been examined to prove the prosecution case. Of them P.......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ...... out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ..Category: Criminal Law | Date: | Hits: 102
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......t High Court Division (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara ......jid had been living there with her children on payment of regular rent to the Government. It is further stated that defendant Nos.1 to 14 were not the owners of the suit property and the agreement in question was concocted and fraudulent. 4. In this case the plaintiff examined four witnesses, whi..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ccordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ...... care and attenÂtion". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no releÂvancy here and section 529 of the Code cannot be inv..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
.... in an error in the decision occasioning a failure of justice in rejecting the application for amendment. The learned Advocate also submits that since the defendant petitioners in‑interest were. in possession of 0.14 acres of land of schedule "B" long before and since after the purchase the defend......subsequently the said suit was transferred in the Court of learned Subordinate Judge, 4th Court, Dhaka and re‑numbered as Title suit No.89 of 1967. The said suit was filed for partition of the suit land of CS plot No.71 of Mouja Rajumshuri and plot No.109 of Mouja Shibpur. Total area of said plot......……………………Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi, Advocates ‑ For the Petitioner. Md. Nawab Ali, Advocate ‑ For opposite Parties. Ci......land to Jotindra and Kalitara. and the defendant No.41 has purchased the said land from heir of Jotindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law..Category: Procedural Law | Date: | Hits: 118
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