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Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

....Judgment ARM Amirul Islam Chowdhury J. - This revisional application under section 115 of the Code of Civil Procedure at the instance of the decree holder Sonali Bank is directed against the order dated 22.4.89 passed by Mr. Tapan Kumar Rudra, Subordinate Judge & Commercial Court No.1, Dhaka ......the Court of the Subordinate Judge is subordi­nate to the Court of the District Judge. 13. Section 24 of the Code reads as follows:- "24. (1) On the application of any of the parties and after notice to the parties and after hearing Such of them as desire to be heard, or of its own motion wit......t decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with in­terest and costs. Thereafter decree-holder-petitioner Sonali Ban..

Category: Procedural Law | Date: | Hits: 168

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

....ury J.- At the instance of the petitioners Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter contained in Memo No.শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexur......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respondent No.5 issued a letter under Me..

Category: Administrative Law | Date: | Hits: 421

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....was issued at the instance of the petitioner Md. Azam-e-Sadat calling upon the respondents to show cause as to why the initiation of Criminal Proceedings of Motijheel Police Station Case No.79 and 77 dated 28-12-2006 respectively pursuant to lodging First Information Report with the Motijheel Police......oner is absolutely done in accordance with law and there is no violation of section 32(1)(2) of the Anti-Corruption Commission Act 2004. h elaborating their arguments both the counsels brought to our notice that this issue has been finally set at rest by the Appellate Division in the Case of Anti-Co...... Assistant Attorney-General - For the State/Respondent. Writ Petition Nos.8362 with 7948 of 2009. Judgment Md. Ashfaqul Islam J.- Supplementary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed ..

Category: Criminal Law | Date: | Hits: 89

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Additional District Judge, Fifth Court, Dhaka in Miscellaneous Appeal ......the defendant No.1 delivered possession of the land to the plaintiff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execute a registered sale deed but without success. Hence, th......er dated 10-11-1999, operation of the Judgment and decree dated 10-4-1995 passed by the Subordinate Judge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

....espondent No.3. Writ Petition No. 9294 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution the petitioners called in question the legality, of the order dated 23-11-2008 passed by the learned Judge of Artha Rin Adalat and Joint District Judge, Court No.......e defendants of Artha Rin Suit No.45 of 2003 reside together in the same house. Defendant No.5 is the mother of defendants Nos.2-4 of the Artha Rin Suit. Being satisfied, with the services of summons/notices in accordance with law, the learned Judge of the Adalat fixed a date for ex parte hearing of....... 1, Jessore in Misc. Case No.117 of 2008 (Annexure-E to the Writ Petition) rejecting an application filed by the petitioners under section 19 of the Artha Rin Adalat Ain, 2003. 2. Facts necessary for the disposal of the rule, in short, are as follows: 3. Petitioner No.1 Messrs Trade Multi Ple..

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....t VIII of 2009) (Annexure-A 2) should not be declared to have been passed; and the Metro Special Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending befor......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental r..

Category: Criminal Law | Date: | Hits: 112

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....ee and its recommendation purporting to cancel original certificate of the petitioner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority an......ersion but the University authority without issuing the original certificate in English formed and inquiry committee to enquire the matter and the said inquiry committee without giving any show cause notice to the petitioner submitted the inquiry report to the University authority and pursuant to th......lish Certificate) upon surrendering Bengali certificate of those examinations on 14-7-1992. Due to his personal need the petitioner submitted an application on 21-7-2005 with a bank draft of Taka 400 for giving him Mark sheet of BA pass) Examinations in English (English Mark Sheet) after submitting ..

Category: Others | Date: | Hits: 186

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ....... In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 of the Penal Code pending before the Court of Chief Judicial Magistrate, Dhaka has been challenged by the petitioners. 3. Sim..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....ted by Md. Taufique Hossain, Advocate-on-Record- For Respondent Nos.1-2. Not represented- Respondent Nos.3-7. Civil Petition for Leave to Appeal No.1833 of 2011. (From the judgment and order dated 27.01.2011 passed by the High Court Division in First Appeal No.140 of 2005) Judgment Sy......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......lil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the questio..

Category: Civil Law | Date: | Hits: 186

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 c......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ...... by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 5000/- in default to suffer rigorous imprisonment for another six month..

Category: Criminal Law | Date: | Hits: 101

Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)

....ainst the said order, the department preferred an appeal before the Customs, Excise and VAT Appellate Tribunal, Dhaka (hereafter stated as the Tribunal) and the Tribunal dismissed the appeal by order dated 11-7-2006 affirming the order of the Review Committee, whereupon the department filed Customs ......, 1969 (in short, the Act) is a special law and in section 194 D of the Act special provision has been made for filing an appeal before the High Court Division within 90 days from date upon which the notice of order is received. He next submits that it has been clearly stated in the application for ......Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..

Category: Procedural Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....Ali Jimah, Advo­cate - For the Respondents. First Appeal No. 348 of 2007. Judgment Farid Ahmed J.- This Appeal at the instance of the plaintiff was directed against the judgment and decree dated 12-9-2007 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.83 of ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......of 2007 rejecting the plaintiff of the suit. 2. The appellant as plaintiff on 8-4-2007 insti­tuted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 termi­nating the plaintiff from the service of the de..

Category: Employment/Service Law | Date: | Hits: 175

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexure-D and E to the writ petition respec­tively) p......4 of 2007 on the basis of the preliminary decree signed on 23-2-2004 before the Adalat prior to drawing up of the final decree and the learned Judge of the Adalat directed to publish the auction sale notice by order dated 29-11-2007 in the daily newspaper under section 33(1) of the Ain but no one pa......ondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..

Category: Civil Law | Date: | Hits: 269

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

....fles person­nel of the aforesaid outpost were kept in the said Headquarter up to 21.1.86 and on 22.1.86 the petitioners were informed verbally that they were discharged from service on and from that date and they were asked to go to Bangladesh Rifles Headquarter at Peelkhana, Dhaka for further deta......ischarged from service in order to set an example to all other Ban­gladesh Riflemen. 9. In their respective affidavits-in-reply the pe­titioners reiterated that they had been given no show cause notice and were not told what were their of­fence. 10. The preliminary objection raised by Mr. A......mander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said respondent No.3 sent a Bangladesh Rifleman to the outpost in­forming that some smugglers were caught with some old cycles and some pieces of clothes and he asked..

Category: Others | Date: | Hits: 167

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be real­ised by attachment or sale of moveable p......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......nd convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sen..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....udgment DM Ansaruddin Ah­med J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and de­cree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title Appeal No.25......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447......., Barguna, in Title Appeal No.25 of 1985 reversing the judgment and decree dat­ed 29.3.84 and 18.4.84 respectively passed by the Munsif, Barguna decreeing-Title Suit No.46 of 1981. 2. The suit is for a declaration that the kabala purported to have been executed on 9.2.79 by defen­dant No.2 Men..

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, Dha­ka in Miscellaneous Appe...... to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no trouble but at the later part of the tenancy trouble started. From the legal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, Dhaka ......d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q..

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

.... Writ Petition No.31 of 1989. Judgment Md. Mozammel Hoque J. - In this Rule Nisi issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notifica......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......ali, district Sylhet. He has stated that 6 Union Par­ishads namely, Khadimpara, Toker Bazar, Mollargaon, Tultiker, Kuchai and Baraikhandi are ad­jacent to Sylhet Pourashava. The inhabitants of the aforesaid 6 Union Parishads made representations to the relevant authorities on several occasions for..

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....n and were finally fixed for analogous hearing. These three suits were re-numbered as Transferred Suit Nos.1/70, 2/70 and 3/70 in the then High Court of East Pakistan. 3. By his judgment and order dated 24.6.76, Mr. Justice S.M. Hussain made the award passed by the sole Arbitrator on 19.12.69 a R......n two calendar months after having been required so to do in writing by the other party. In case cither party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other par­ty shall be at liberty to appoint a sole ......er in­stituted Title Suit Nos.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern Fed­eral Union Insurance Co. Ltd. respectively for pass­ing a judgment in terms of the award under section 17 of the Arbitration Act. On the appli..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....ment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sen­tence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convict......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ...... the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on Thurs­day, the 7th June, 1989 at about 5 P.M...

Category: Criminal Law | Date: | Hits: 141