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Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....gment Mohammad Ismailuddin Sarker J.- These two appeals, one by the Bangladesh Shilpa Rin Sangstha and the other by the Uttara Jute Fibres and Industries Ltd. are from the same judgment and order dated the 28th August, 1991 passed by the learned Company Judge of this Division in Mattter No.9 of ......wapara Jute Mills Ltd, in the aforesaid portion of the premises; that the said Company had neglected to pay the aforesaid amount which was the legal dues to the BRTC for which the BRTC served a legal notice calling upon the said Company to pay the aforesaid amount within two weeks but the said Compa...... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ding the said land of the petitioners were de‑requisitioned but possession of the same was not delivered to the petitioners or their predecessors‑in‑interest. Thereafter by Gazette Notification dated 4.10.1951 said requisitioned land was acquired under section 5(7) of the East Bengal (Emergenc......ructed by the Bangladesh Council of Scientific and Industrial Research. But the respondents having faded to restore possession of the disputed land which was de‑requisitioned the petitioners served notice dated 14.3.1987 demanding justice in the matter to put the petitioners in possession of the d......d others………………..…………...Petitioners. Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... "body of the deceased and prepared the inquest report. He said that Safluddin Ahmed sent the dead body to the morgue through constable No.968 Swapon Nandi for post‑mortem examination with chalan dated 26.7.82. He said that Safluddin Ahmed also visited in the PO, prepared the sketch map with ind...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ce passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (now deceased) is that on the night following 8th Sravan, 1389 BS correspon..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
.... then appellant No.7 struck on his head thrice with a spear. Thereafter villagers came and the accused fled away. 7. All the injured persons were admitted in the hospital. Nirendra died on that date in the hospital at about noon. Amiruddin was sent to the hospital at Rangpur where he died on 1......as set up in the first information report, that the report of the post‑mortem examination of the dead body of Amiruddin was illegally admitted into evidence, that the learned Sessions Judge did not notice that the appellants' acts in question were done in exercise of their right of private defence......d Gholam Rabbani J.- Accused Fulu Mohammad, Fazlu Mohammad, Abu Bakkar alias Abu Bakkar Siddiq, Fazir Mohammad, Lokman, Mohiuddin alias Moinuddin and Md. Mofazzal Hossain being appellant Nos.1 to 7 before us and seven other accuseds since acquitted were placed on trial before the Court of the Sessio..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....the Opposite parties. Appeal from Original Decree No. 42 of 1982. Judgment Mohammad Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and order dated 19.12.81 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Title Suit No.423 of 19......arbitrators at the request of any party to the agreement or any person claiming under such Party or if so directed by the Court cause the award to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award and after hearing the parties pronounce its judgmen......passed by the learned Subordinate Judge, 2nd Court, Sylhet in Title Suit No.423 of 1981 rejecting the plaint under Order 7 rule 11 of the Civil Procedure Code. 2. This plaintiff instituted the aforesaid suit for a declaration that the award dated 5.8.79 given by the defendants 1‑6 and Mvi. A..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.... No.724 of 1987. Judgment AKM Sadeque J.- At the instance of Shahadat Hossain, the petitioner, Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, D......er of a restaurant by the name Ramna Cafeteria within the Ramna Park belonging the City PWD Division Dhaka. The cafeteria also belongs to this Department. The respondent No.1 floated tender by tender notice being Memo No. 2533(2)/15‑C dated 30.5.1985 supplemented by Memo No.2674/15 CD dated 6.6.85......1 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The term ..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.... Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.70 for a consideration of Tk. 2000.00. Abdul Baten sold the homestead to the petitioner Rahima Begum by a registered Kabala dated 5.4.74 for a consideration of Taka 10,000'00. On 10.7.76 he filed an application under section......therefore, clear that the petitioner has failed to show that the vendor was after the transfer left with more than three acres of agricultural lands. Although this aspect of the issue has escaped the notice of the learned Munsif, his finding has ultimately been correct that the transfer was made for......11 acres in area upon which stood a tin‑shed and a kitchen, bearing Plot No.273 appertaining to khatian No.326 of mouza Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.70 for a consideration of Tk. 2000.00. Abdul Baten sold the homestead to the petitioner Rahima Begum by..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....office as Chairman of the said union parishad is illegal and unauthorised. In support of his contention Mr. Fazlul Karim has referred to Annexure C to the writ petition. Annexure C is a complaint dated 13.1.88, before the appellate authority, by one Md. Abdul Khaleque raising objection that th......ook the loan with a promise to repay the same within a time-limit. It appears to be an open loan, for repayment of which there was no fixed time-limit. Before filing the suit the bank sent a lawyer's notice, demanding payment, but this is not the same as repayment of loan "within the time allowed by......t No.1 as Chairman of the said union parishad in this Writ of quo-warranto alleging, inter alia, that election of Chairman of the said union parishad was held on 10.2.88. There were 7 contestants for the said post including the respondent No.1. On 10.1.88 the contestants filed their nomination..Category: Election Law | Date: | Hits: 216
....tafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be issued upon them to comply with the order dated 3.11.85 passed by the Administrative Tribunal, Dhaka in Case No.36 of 1985.
2. The petiti...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......ner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. ..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....g of the company was due within 15 months from the last Annual General Meeting held by the company, under Court's order and since the audit report of the accounts for the year 1985 is approved, the date for holding the Annual General Meeting for the year 1985 should be fixed to be held on 28th Feb...... to 1984 were held as per above order passed by this court on 19.2.86 but suddenly, it is alleged, that the respondent No.2 namely, Mr. M.A. Mohaiman, Managing Director of the said company served a notice upon the share holders of the company for holding the Annual General Meeting for the year 1......ent company having not held any Annual General Meeting since its inception, the Board of Directors of the Company resolved to apply to this Court to condone the delay in holding the said meetings for the years 1974-84, in all for 11 years on the ground that there was no negligence in not holding..Category: Business or Commercial Law | Date: | Hits: 352
....the petitioner is that, the petitioner is the wife of the detenu. It is stated in the petition that the detenu was arrested on 16.7.88 from Dhaka in connection with Dhanmondi P.S. Case No.3(11)86 dated 2.11.88 under Sections 302 and 201 of the Bangladesh Penal Code for the alleged murder of one ......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
...... Chowdhury J.- This Rule was issued calling upon the Respondents to show cause as to why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority...
Category: Criminal Law | Date: | Hits: 100
....ch higher authority has taken a decision on the matter:
Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action concerned or making of the decision on......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the Respondent No.2 to its Office at Comilla. The Respondent No.2, thereafter, filed I.R.O. Case No.267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....us Appeal No. 12 of 1983). First Miscellaneous Appeal Nos. 12 & 15 of 1983. Judgment MS Ali J.- These two Miscellaneous Appeals are directed against the same order of remand for retrial, dated 15-8-83 passed by Mr. S.B. Haque, District Judge, Kushtia in Title Appeal No.118 of 1980 which....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......MS Ali J Zehad Ali..........................Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and a..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... Chittagong the present appellant for realisation of money. The plaintiffs’ case was that M/s. Md. Haji Gani Ltd. imported 512 drums and 769 drums of Soyabean Oil under bill of lading Nos.35 and 36 dated 30.8.1963 from United States of America per S.S. Argo Ellas owned and controlled by the defend......No.3 the appellant with costs and dismissed the same against the defendant Nos.1 and 2. Against that decree the defendant No.3 filed this second appeal. 5. Mr. Fazlul Karim argues that for want of notice under section 109 of the Chittagong Port Act, 1914 the suit was barred against the defendant ......y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970..Category: Business or Commercial Law | Date: | Hits: 397
....986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L......cution of the Execution case. The Rule was discharged on contest with costs on 19.1.84. The petitioners were taking steps for eviction of the respondent No.3, when suddenly on 15.3.84 they received a notice under Section 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord...... Involved:
Abdur Rashid, Advocate - For the Petitioner.
Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2.
Fida M. Kamal for Habibul Islam-Bhuiyan, Advocate - For Respondent No.3.
Writ Petition No. 179 of 1986.
Judg..
Category: Property Law | Date: | Hits: 116
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....irChowdhury J.- This Rule at the instance of the defendant-petitioner arises out of an application under section 25 of the Small Causes Court Act, 1887 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 19...... plaintiff and that the defendant was inducted as a tenant in the suit premises and that the defendant did not pay the rents regularly and thus became defaulter and that the plaintiffs therefore sent notice under section 106 of the Transfer of Property Act which was received by the defendant and in ......udgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property bel..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....an with Serajur Rahman, Advocates — For the Opposite Parties. Civil Revision No. 2849 of 1992. Judgment Md. Iftikhar Rasool J.- This Rule is directed against the judgment and order dated 26-10-92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Execution Case No.70 of ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......ent debtors. 2. Facts that have given rise to this Rule, in brief, are that the plaintiff brought Title Suit No.173 of 1961 in the Court of the then Munsif, Cox’s Bazar against the defendants for declaration of his title to the suit land and for khas possession after demolition of the struct..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
.... Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 372 of 2004. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 18.6.2002 passed by the Additional Sessions Judge, Cox’s Bazar in Session Trial Case No.119 ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......f Ramu Police Station Case No.12 dated 27.4.1998 corresponding to G. R. No.36 of 1998 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for six months more...Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....ondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the......e State has taken us through the evidence of P.W.1, 6 and 9 with the report of Bangladesh Bank (exhibit-2) and submits that a man of ordinary prudence, on receipt of such a note should understand and notice that it is a counterfeit. Since the appellants went to use the counterfeit notes, it would be......ed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the appellants under section 489B of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for ano..Category: Criminal Law | Date: | Hits: 111
....eing a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has given programme for holding election for the office of Chairman of Upazila Parishads fixing 17.2.90, the date for filing nomination papers, 18.2.90 the date for scrutiny of nomination papers, 25.2.90 for w.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......rishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has gi..
Category: Election Law | Date: | Hits: 391
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