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.... For the Respondents.
Appeal From Original Order No.52 of 1992 with Civil Rule No.58 (fm) of 1992.
Judgment
Mahmudul Amin Choudhury J.- This appeal is directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 ......nnas share of the building thereon from opposite parties 4-11 and from Rokeya Begum, the predecessor of opposite parties 12-20, at a total consideration of Taka 1,31,000.00 but for these purchases no notice under section 23 of the Non-Agricultural Tenancy Act was served upon the petitioner-responden...... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent..
Category: Property Law | Date: | Hits: 113
....ment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enrolled as an Advocate by the Ba......Dhaka is absolutely arbitrary and mala fide and as such the same has got no legal effect. His further submission is that in this case the principle of natural justice has been violated inasmuch as no notice was served upon the petitioner before passing the impugned order. It further submitted that v...... as an Advocate of the Supreme Court of Bangladesh in the year 1972 and became a Member of Bangladesh Supreme Court Bar Association in the year 1986. He was appointed as Additional Government Pleader for Dhaka District on 1-7-1991. Thereafter he was appointed as Government Pleader for Dhaka District..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....how cause as to why the Indemnity (Repeal) Act, 1996, should not be declared void, illegal, ultra vires the Constitution and are of no legal effect and as to why the Dhanmondi PS Case No.10 (10)/1996 dated 2‑10‑96 and Lalbagh PS Case No.11 (11)/75 dated 4‑11‑75 should not be declared illegal......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....tion 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of GR No.117 of 2005 arising out of Gaibandha PS Case No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashe......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ামলা দায়েরের ক্ষেত্রে”as used in section 32 (1) of the Durnity Daman Commission Ain, 2004 raise some confusion. Obviously it does not mean lodgment of first information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....am Mahmud, Advocates—For Respondent No.6. Writ Petition No.1031 of 2003. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the respondent to show cause as to why the order dated 5‑1‑2003 passed by the respondent No.4 rejecting the Appeal filed by the petitioner and t......the nomination papers rejected. Further, the declaration of the proforma respondent No.6 as the uncontested chairman by an antedated order and the publication of the Gazette Notification even after notice of the fact that the High Court Division has granted stay, show the malafide of the responde...... filed by the petitioner and the order dated 2‑1‑2003 passed by the respondent No.5 rejecting the nomination paper filed by the petitioner and also the Memo dated 9‑1‑2003 declaring the pro forma respondent No.6 as uncontested Chairman, shall not be declared void and is of no legal effect...Category: Election Law | Date: | Hits: 211
.... Advocate—For the Petitioner.
Syed Ishtiaq Ahmed, Counsel—For Opposite Party No.1.
Civil Revision No.2611 of 1996.
Judgment
Gour Gopal Saba J.- This Rule is directed against the order dated 5‑8‑1996 passed by the Subordinate Judge and 2nd Court of Artha Rin Adalat and Commercial ......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the..
Category: Civil Law | Date: | Hits: 101
....ocates—For the Petitioner.
Syed Ziaul Karim with UF Ahmed, Advocates—For the Opposite Party.
Civil Revision No. 28 of 2000.
Judgment
Md. Awlad Ali J.- This Rule arises out of an order dated 30‑9-1999 passed by the Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 1999 rej......1994 was valid till 14‑12‑1997 and that committee took a decision in the meeting held on 13‑9‑1997 to hold the election of its next executive committee and fixed 13‑12‑1997 for election, notice of election was published in the daily newspaper, election schedule was communicated to all t......a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.....3257 of 1991(Dhaka) Civil Revision No.117 of 1990(Barisal) Judgment Mohammad Fazlul Karim J.- This Rule, at the instance of the plaintiff-petitioner, is directed against judgment and decree dated 5‑5‑90 passed by the Additional District Judge, 1st Court Barisal in Title Appeal No.103 o...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......onal District Judge, 1st Court Barisal in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposi..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Cas......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutivel..Category: Criminal Law | Date: | Hits: 74
....led. But the learned Arbitrator took into account of the sale deeds on the ground that in all the deeds it is stated that the price of the land was settled between the parties on 24‑9‑87 and this date also within twenty‑four months from the date of serving of notice under section 3 of the Act....... an application to the Arbitrator who has not accepted the award, but in the instant cases applicants had accepted the compensation money. Number two, under section 29(d) the Arbitrator is to cause a notice served upon the requiring persons, but it was not done in the instant cases. Number three, un......l Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases.
2. Government had acquired in accordance..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....aneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respondent petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos C......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos Case No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....ti-Corruption Commission (ACC). Criminal Appeal No.8770 of 2009 with Criminal Appeal No.142 of 2010. Judgment AKM Zahirul Hoque J.- These two appeals arose out of the same judgment and order dated 30-11-2009 passed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convi......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......ssed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rigorous..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent No.7 to the respondent No.8 (Optalgio Limited) arising from ...... a company incorporated under the Companies Act and the writ petitioner is trying to enforce a contractual right which is not existing and no writ lies against the company, especially when the tender notice gave a warning that the respondent No.7 reserved the right to accept or reject a tender witho...... Salma Masud Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent..Category: Others | Date: | Hits: 174
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....lication for bail on behalf of the convict appellant-Iqbal Hasan Mahmood @ Iqbal Hasan Mahmood Tuku. 2. The convict-appellant preferred the instant appeal against the impugned judgment and order dated 15-11-2007 passed by the learned Special Judge, Special Court No.5 Dhaka in special case No.5 ......n 3rd February, 2007 the appellant was arrested by the law Enforcing Agency. On 18th February, 2007 when the appellant was in the custody, the secretary of the Anti-Corruption Commission issued a notice under section 26 of the Anti-Corruption Commission Act, 2004 submit his wealth statements wit......ssain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57...Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....vocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous A......xecution Case bearing No.355 of 2004 was started on 1-6-2004 pursuant to the execution case the executing Court invited tenders in respect of the schedule land to sell the same in auction. The tender notice was published in 'The Daily Protham Alo' and 'The Dainik Sangbad' on 13-8-2005, but no bidder......Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite-party No.4 and another impleading them as defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) conte..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
.... Khan Assistant Attorney-General—For the State. Criminal Appeal No. 2280 of 2000. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymensingh in Sessions Case 27 of 1992 ......pecifically any injury on right side of head (right parietal region of head) or on back of victim Azizul. Therefore it is difficult to ascribe any of 11 injuries to accused Mokbul and Atik. 19. We noticed earlier that P.W.3 Abul Hossain and P.W.6 Torab Ali were mama of P.W.1 and victim. P.W.5 Gia......t of Trisal PS case 8 dated 19‑12‑1990 GR 102(2)90 under sections 302/34 Penal Code, convicting appellants Mokbul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Prosecutio..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
.... MM Ruhul Amin J.—This Rule was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned proceeding of GR Case No.219 of 1999 arising out of Balaganj PS Case No.4 dated 3‑11‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be q......used Harun was caught by the informant party and on search one revolver was recovered from his possession and the other accused managed to flee away. After recovery of the arms, it was brought to the notice of the local UP Chairman and Member and police came and seized the revolver. Police then star......Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....loan within a period of 6(six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lakh bearing No.6669851 dated 02-4-2009 for repayment of the loan. The cheque was presented for encashment with the Janata B......ain for encashment on 08-4-2009 and this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22-4-2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30-4-2009,......ng in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The complainant-opposit..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t the petitioner was appointed in Biman Bangladesh Airlines Limited (formerly Bangladesh Biman Airlines) on 20-8-1984 as Manager (Motor Transport) and was confirmed on 3-3-1985 with effect from his date of joining. Due to his unblemished service record he was lastly promoted to the post of Direc......(Retirement) Act, 1974 state as follows: "9. Optional retirement.— (1) A public servant may opt to retire from service at any time after he has completed twenty five years of service by giving notice in writing to the appointing authority at least thirty days prior to the date of his intended...... 57th year of age and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner was appointed in Biman Bangladesh Airlines Limited (formerly Bangladesh Biman Airlines) on 20-8-1984 as Manager (Motor Transport) and was confirmed on 3..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....006. Judgment SM Emdadul Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned letter bearing Nothi No. 4rth/A(12)57/Rangu/Sekandar Spinning/Ab/98/830 dated 25-4-2006 (Annexure-A) restraining the petitioner from releasing the manufactured goods and th......he respondent No.3 and the Audit Team. The petitioner sought immediate relief to cancel the arbitrary adjustment made by the respondent No.3 but no result. 10. Thereafter the petitioner served a notice for demanding justice through his lawyer Mr. Tanjibul Alam on 30-4-2006 to the respondents fo......o make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase Register and the Declaration on the production-raw material consumption and other documents for the year 2003-2004 audited by the local and Revenue Account Audit Department, Dhaka and found th..Category: Fiscal/Taxation Law | Date: | Hits: 196
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