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Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....or the Opposite Party. Civil Revision No.951 of 1982 Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, ......on a preliminary issue, namely, whether the suit was at all maintainable. 6. It was argued on behalf of the defendant-petitioner that the suit was in effect a suit to enforce the arbitration award notice of which was served on the parties on 18.7.72. This suit was barred under section 32 of the A...... its hull at Capetown. It was partially repaired and made seaworthy but while passÂing through Chalna it developed engine trouble and it was taken to the Marine Workshop of the B.I.W.T.A. at Barisal for thorough repair. The defenÂdant petitioner made inordinate delay in repairing the oil tanker an..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....e Appellant. Shasti Sarker, Advocate - For the Respondent. First Appeal No.293 of 1997. Judgment Sharifuddin Chaklader J.- This appeal by the plaintiffs Bank directed against the Judgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit......dated 8-5-94. The High Court Divisions misconception was there but the misconceived nature of the petitioner's writ petition was equally showing. Unfortunately, the High Court Division failed to take notice of the same and proceeded upon a wrong ground of fact. The recommendation of a Cabinet Commit......dgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decre..Category: Civil Law | Date: | Hits: 141
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....€” For the Opposite Party. Civil Revision No. 1040 of 1992. Judgment Amirul Kabir Chowdhury J.- This Rule at the instance of the defendant petitioner is directed against judgment and decree dated 27-11-1991 passed by the Subordinate Judge (Artha Rin) Jessore in Title Appeal No. 242 of 1990......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ...... Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ meas..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date of receipt of the impugned order an amount of Taka 8,06,025.00 which was short-levied in respec......dise on payment of assessed duties and levies the petitioner used the raw material in his Industry and sold packing material in the market, that at that stage from the office of the respondent No.1 a notice being Nathi No. S4-02/AP/Group-6/94/12989-Cus dated 12-3-94 (Annexure-D to the petition) was ......Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of customs and another, 48 DLR (AD) 58. Lawyers Involved: Zakir Hossain Munshi for Abdul Baset Majumder and Zainul Abedin, Advocates— For the Petitioner. AM Aminuddin, Assist..Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....ion No.17 of 1985. Judgment Muhammad Ismailuddin Sarker J.- This Rule at the instance of the defendant No.10 has been issued calling upon the opposite party to show cause why the impugned order dated 31.12.84 passed by the learned Munsif, First Court, Patuakhali in Miscellaneous Case No.70 of ......First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......0, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, AdÂvocate - For the Petitioner. Subodh Ranjan Dutta for A.K. Badrul Huq, AdÂvocates - For the Opposite Parties. Civil Revision No.17 of 1985. Jud..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of CivÂil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 dismissing ......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......kshmipur in Misc. Appeal No.242 of 1980 dismissing the appeal and affirming the judgment and order dated 11.12.80 passed by the Munsif Second Court, Lakshmipur in Misc. Case No.36 of 1976. 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an appliÂcation u..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....spondent Nos.1 to 3. First Appeal No.96 of 2005. Judgment Sharifuddin Chaklader J.- This appeal by defendant No.1, Bangladesh Beverage Industries Limited directed against Judgment and decree dated 20-3-2003 passed by the learned Joint District Judge, 3rd Court, Dhaka decreeing Money Suit No......estion does, however, leave open the relationship between the remedy provided by the law of tort and the various other possible sources of compensation to the victims of accidental injury. It will be noticed that this definition does not indicate what conduct is and what is not sufficient to involve......May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be c..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....Opposite Party No.1. Civil Revision No.1395 of 2006 with Civil Rule No.427(R) of 2006. Judgment Sharifuddin Chaklader J.- This rule by the Judgment debtor directed against Judgment and other dated 3-4-2006 passed by the learned District Judge, Dhaka dismissing Miscellaneous Appeal No.90 of ......d condition of the sanctioned letter. Plaintiffs for repayment of the loan requested defendant at first verbally, thereafter by personal connection, later on, by Registered Post and lastly by issuing notice through lawyer but defendant did not pay any heed. Since defendants did not repay the loan, t......ree holder Sonali Bank instituted Title Suit No.21 of 2002 in Artha Rin Adalat No.1, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. P..Category: Civil Law | Date: | Hits: 156
....) this Rule Nisi was issued calling upon the respondents to show cause as to why the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 7-10-2002 deposited as per section 42(2)(a) of the VAT Act, 1991 at the time of filing of the ......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......d that the Divisional officer did not deduct Taka 19,30,521.72 from the gross demand. The petitioner against the (Appeal) Customs, Excise and VAT by depositing Taka 43,81,416 as statutory requirement for filing the Appeal under section 42(2)(a) of the VAT Act (Annexure-D and D-1) which was allowed o..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....for causing damages to the river and the villagers of the said villages and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 13-7-2009, the respondents were restrained by an order of injunction from extraction of sands ......on undertook necessary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality and risks of such unregulated sand mining, served, by registered post, a notice demanding justice dated 2-11-2005 (Annexure-D) upon the respondents demanding immediate steps...... as required under the laws why further directions shall not be given upon them to initiate legal measures against the illegal and unscrupulous sand traders and also to realize compensation from them for causing damages to the river and the villagers of the said villages and/or such other or further..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....on Report that there is a conspiracy behind this killing which she would disclose at a latÂer stage as she was perplexed at the death of her only son. 4. That accordingly Daulatpur P.S. Case No.2 dated 5.8.87 was started and on completion of the inÂvestigation the police submitted charge-sheet ......l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......titioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhammed Ansar Ali J.- This Rule arisÂes out of an application for bail under section 498 of the Code of Criminal Procedure at the instance of the accused petition..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....a Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plainÂtiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowing the applic...... be added as defendant as proper party in a suit for Specific Performance of Contract as he was a subsequent purchaser of the suit property and he claimed to have purchased the land for value without notice of the contract sought to be enforced. The Court found that in view of section 27(b) of the S...... of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the Code of Civil Procedure. 2. There is a petition for amendment of the re-visional application, supported by an affidavit, filed today in the Court in..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....se the payment of the compensation was received by the eldest son of late Basharatullah on 7.4.86 on protest as contemplated in section 28 of the Ordinance on the basis of GenerÂal Power of Attorney dated 24.3.86. The case of the Government and the requiring body is that BasharaÂtullah agreed to r......f the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section 3 of the Ordinance, the Government assessed the value of the land and submitted......and was released from requisition and symbolic possession was given in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....lÂna in Title Suit No. 440 of 1974. 2. The relevant facts of the case are that the peÂtitioner Eshanul Hoque was appointed as a ProbaÂtionary Officer of the then Habib Bank by memo No. MAB 2257 dated 25.6.1956 vide Ext.1 SubseÂquently, he was confirmed in that post. After liberaÂtion Habib B......i Bank. Item 10 of the form Ext. K is written as follows: "10. In case of breach of any of the above Rules and Regulations, the employees shall be liable to be dismissed summarily, and without any notice, and shall be entitled to receive pay only upto the date of such dismissal. This shall be wit...... a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained abÂsent from duties on 11.11.74 without prior permisÂsion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on dif..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....s, Government of BanÂgladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Selim Khondker, Saidur Rahman Chowdhury, Atiar RahÂman and Nizamuddin to show cause why the order dated 14.7.88 passed by the Chief Metropolitan Magistrate, Dhaka permitting further investigation in......n behalf of accused Shah Alam Chowdhury retired Mr. Justice Abdul MaÂlek made his submission.) We presume that the aforesaid portion of the orÂder of the Magistrate had no reason to come to the notice of Mr. Abdul Malek who being an Advocate held in high esteem would have taken steps for exÂp......e Complainant. Criminal Miscellaneous Case No. 46 of 1989. with Suo Moto Rule No. 47 1989. Judgment Fazle Hussain Mohammad Habibur RahÂman J. - These two Rules are taken up together for disposal as they arise out of the same Sessions Case No.118/88 pending in the Court of Sessions ..Category: Criminal Law | Date: | Hits: 127
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... section 115 of the Code of Civil Procedure challenges the judgment and decree passed by the Subordinate Judge, 1st Court, Comilla in Title Appeal No.278 of 1986 setting aside the judgment and decree dated 29.11.86 and 8.12.86 respectively passed by Upazila Munsif Burichang in Title Suit No.3 of 198......sferee of the entire plot of land measuring .92 acre from defendant No.1 and his brother Subash Chandra Kunda; they filed written statement claiming that they are bonafide purchaser for value without notice of the Bainapatra and that the Bainapatra is a forged one. The trial Court found that the sig......t Court, Comilla in Title Appeal No.278 of 1986 setting aside the judgment and decree dated 29.11.86 and 8.12.86 respectively passed by Upazila Munsif Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouran..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....torney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, ......icient to hold the accused guilty. But in this case his wife was in his house and her dead body was recovered from the nearby jute field. He neither informed her parents not brought the matter to the notice of the police, he simply vanished from his house and remained absconding for months, from thi......d Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 5000 (five thousand) in default to suffer rigorous imprisonment f..Category: Procedural Law | Date: | Hits: 118
....hallenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the petitioner in respect of Customer No. 3380004/5124 has been affected as per its order dated 8.11.88.
2. It is stated in the petition that the petitioner is a private Limited liability......icÂtion. It is also stated in the affidavit-in-opposition that the statements made in paragraph No.19 of the writ petition are misleading, motivated and not corÂrect. It is stated that the impugned notices, Annexure 'P’ and "P(1)', were issued for violation of a contracÂtual obligation and also......so Reported in: 42 DLR (HCD) (1993) 33.
..
Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
.... the PetitionÂers. Hemayetuddin Ahmed, Advocate-For the OpÂposite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subordinate Judge, First Court, Barisal in Misce...... case under section 96 of the State Acquisition and Tenancy Act. 12. In this Revisional application (paragraph 14), the opposite party Nos.68-69 (present petitionÂers) have stated "the service of notice of the Misc. Case upon the vendee opposite party had been caused on 8.8.76 and the kabala in ......ntainable and the same is also barred by limitaÂtion. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the petiÂtion for pre-emption, written objections and evidence adduced by both the parties arrived at the decision..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......of the Election Tribunal to the Additional District Judge. The District Judge derives such power from section 24(1) C.P.C. SecÂtion 24(1) provides that either on the application of any parties after notice to the parties and on hearing them or of its own motion without such notice the District Cour...... 1983, can transfer an appeal preferred from the decision of the Election Tribunal constituted under the provision of the said Ordinance to the Court of Additional District Judge or Subordinate Judge for disposal? 2. Facts relevant to answer the question are that the petitioner was elected a Chai..Category: Election Law | Date: | Hits: 192
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