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Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....o. 657 of 1973. Judgment Md. Mozammel Hoque J.- In this Rule issued under section 115 of the Code of Civil Procedure, the plaintiff-opposite party was directed to show cause as to why the order dated 18.4.73 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Suit No. 37 of 1969......quoted. Section 14 (1) and (2) of the Arbitration Act is as follows:- "14. Award to be signed and filed.-(1) When the arbitrators or umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and cha......, 4th Court, Dhaka in Title Suit No. 37 of 1969 (previously numbered as P.O. No 99 of 1967) should not be set aside. 2. Facts in short are that the opposite party being plaintiff instituted the aforesaid title suit alleging, inter alia, that as per contract dated 23.12.64 entered into betwe..Category: Procedural Law | Date: | Hits: 93
.... preferred claim with defendant No.1 who acknowledged the liability but suggested to lay claim against the Insurance Company and endorsed the policy in favour of the plaintiff. The Insurance Policy dated 13/11/62 issued by the Insurance Company covered the risks of breakage in the course of transi......itled to the claim as the subject-matter in the present case has sustained loss due to inherent vice. Thirdly, the learned Advocate submits that the appellant has rightly repudiated the claim as no notice was served upon the appellant in due time and the survey was also not conducted by the named ......ate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967.
2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass to be delivered at the factory premises of the plain..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock Companies, 1989, 18 CLC (HCD)
....anies. 2. The application is not opposed although notices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hearing of the application was duly published in the Bangladesh Gazette and the daily ne......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this application. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......owed. Lawyers Involved: Shahabuddin Faiz, Advocate-For the Petitioner. Company Matter No.1 of 1989. (An application under section 120 read with section 109A of the Companies Act, 1913 for extension of time for registration of charge or Mortgage of property.) Judgment AM Mahmudu..Category: Company Law | Date: | Hits: 191
....e as to why the direction shall not be issued to them to review the order of dismissal passed on the petitioner under Martial Law Order No. 9 of 1982 as contained in Order No. DS (Enq)/PA-13/85-240 dated 15.10.85 Annexure 'E' as per decision in Memo No. 6501/3/ML-2/E/147 dated November 1, 1989, An...... the President invoking his mercy for doing justice to him and reinstate him in service. As no decision was made on the application filed by the petitioner for review and mercy, the petitioner issued notice demanding justice and there after filed, this application under Article 102 of the Constituti......and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the petitioner for his encadrement into the Senior Service Pool. After successful completion of seven projects in A..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Bicharak (Sessions Judge), Druta Bichar Tribunal, Chittagong for confirmation of the sentence of death dated 24.11.2006 imposed upon the condemned prisoners (1) Md. Sirajul Islam, son of late Haji Sabje ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......No. 911 of 2006) Noor Hossain- For the convict-appellant (In Jail Appeal No. 912 of 2006). Syed Mizanur Rahman For the convict-appellant (In Jail Appeal No. 913 of 2006). Md. Abdur Rashid- for the convict-appellant (In Jail Appeal No. 914 of 2006). Syed Mizanur Rahman- For the convict..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....r, Lakshmipur in Title Suit No.73 of 2002) Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party Nos.1-17 to show cause as to why the impugned judgment and decree dated 7.4.2008 passed by the learned Joint District Judge, 1st Court, Lakshmipur in Title Appeal No.......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......lute. The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27 During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court ..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....6. Judgment Md. Abdur Razzaque J.-This Rule under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the defendants-petitioners is directed against the order No.33 dated 9‑10‑95 passed by the learned Assistant Judge, 1st Additional Court, Gaibandha Sadar, in M......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge), Gaibandha Sadar, seeking a decree for certain declaration. The defendant-petitioner entered appearance in that suit and filed a writte..Category: Procedural Law | Date: | Hits: 94
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....or Respondent Nos.6 and 7. Writ Petition No.799 of 1992. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No.131/DAB (Dhaka) dated 24-2-92 issued by the respondent No.1 asking the petitioner to remain present in the concerned......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....e complainant under section 200 of the Code of Criminal Procedure took cognizance of the same against the accused petitioner under section 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitio......rn Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and that thereafter the complainant on 12-4-2007 served a legal notice through his learned Advocate which was received by the accused petitioner on 17-4-2007 but th......h Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabilities; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and tha..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ce) issued by the respondents Income Tax Authority is under challenge. 3. In Writ Petition No. 1264 of 2011 Rule was issued calling upon the respondents to show cause as to why the impugned notice dated 16-1-2011 being Nothi No. 390-100-1223/ Circle-26/2010-11/727 under section 93 of the Income T...... Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 (herein after called Ordinance) issued by ......al - For Respondents (In both the Writ Petitions) Writ Petition No.1264 of 2011 with Writ Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of law and fa..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....ertificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious ......son Raja’ should not be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as foll......Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....ite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004 passed by thelearned Senior Assistant Judge, Nasirnagar, Brahmanbariain Title Suit N......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......ariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assista..Category: Property Law | Date: | Hits: 121
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....wyers Involved: Tawhidul Islam, Advocate - For the Petitioner. Writ Petition No.5935 of 2008. Judgment Nazmun Ara Sultana J.- This rule Nisi was issued calling in question the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making ......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998 which is now pending in Artha Rin Adalat No.1 Chittagong. 2. The material facts necessary for disposal of this rule are as follows: Wahed Jute Mills Ltd. availed loan facility of Taka 48 ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... Judgment Mamnoon Rahman J.- In an application under section 115(1) of the Code of Civil Procedure, Rule was issued calling upon opposite parties to show cause as to why the judgment and decree dated 2-6-1998 passed by the Additional District Judge, Rangpur in other Appeal No.18 of 1996 affirm......ed sale deed by in vain subsequently defendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no......r order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a declaration that the registered sale deed ex..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....e been called upon to show cause as to why the impugned notification vide memo No. নিকস/পৌর-১/১(২৪)পৌরঃসাধাঃ নির্বাঃপরি/২০১০/৭৮ dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and M......of the Act No.6 of 2009 as well as section 17(2)(ka) of the Act No.58 of 2009. He further goes to submit that although the Deputy Commissioner, Cox's Bazar vide memo dated 22-6-2010 brought it to the notice of the Commission contending, inter alia, that about 10% voters of Cox's Bazar district in th......ঃসাধাঃ নির্বাঃপরি/২০১০/৭৮ dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and Moheshkhali fixing 19-1-2011 for holding Paurashava election without preparing a fresh voter list excluding the Rohingyas, the ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal No.682 of 1993. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 17‑11‑1992 by Sessions Judge, Chandpur in Sessions Case No.8 of 89 arising out of Matlab P...... of order 'to kill' was nothing but a hyperbole. There must have been some sort of slogan uttered by the appellants "calling for action" which prompted other accused to indulge in rioting." 30. We noticed above that P.Ws.2‑6 did not state in corroboration with each consistently as to utter or u......ritical condition was taken to Master Bazar wherein local Dr. A Bari attended him and gave first aid but the condition being critical it was advised that he should be taken to Chandpur Sadar Hospital for better treatment. Accordingly, on way to Chandpur Sadar Hospital Julfu Master died and the dead ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....as, Advocate‑For the Opposite Parties. Civil Revision No.6262 of 1991 (Dhaka) Civil Revision No.189 of 1988 (Jessore) Judgment Gour Gopal Saha J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case ...... the case jote by inheritance while the pre‑emptees are strangers, who purchased the case land from opposite party Nos.6‑8 by a registered Kabala dated 7‑10‑1984. It has been asserted that no notice of the impugned sale was served upon the petitioners and they came to learn about it for the ......a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respondents was dispensed with while fixing a date of hearing of the Rule. 2. In the application the petitioner, Mr. Shamsul Haque Chowdhury wh......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......nvolving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respond..Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....d. Ozair Farooq, Advocate - For the Opposite Party No.5. Civil Revision No.3460 of 1995. Judgment MA Aziz J.- The Rule at the instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and d......d contain any thumb impression of the executant Cherag Ali and, as such, the said certified copy has no presumptive value as regards its genuineness. Having verified the certified copy (Ext.1) I have noticed that the Sub-Registrar Mozaffar Islam made an endorsement to the effect “Executant Cherag ...... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....nstitutional position obtaining in our country. The learned Advocate relying upon Article 25 of our Constitution contended that Anup Chetia, if extradited to India the Government would violate the mandate of Article 25. The contention on the facts of this case is totally misconceived. Rather the Gov......adesh Constitution. He submits that Anup Chetia is to be treated as an internationally protected person and he has not committed any prejudicial act on the soil of Bangladesh. He further submits that notice is to be taken of the Declaration on the Granting of Independence to Colonial Countries and P...... Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary ..Category: Constitutional Law | Date: | Hits: 421
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