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Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....te instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 2009 passed by the High Court Division in Appeal from Original Decree (F......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......on is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 20..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....sif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a benami transaction, on the alle......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......dgment and decree of learned Munsif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a..Category: Property Law | Date: | Hits: 86
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....irmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convicting him under section 302 of the Penal Code in Sessions Trial Case No. 1 of 2001 by the judgment and order dated 27-6-2005. 2. Against the said judgment and order convict prisoner preferred Criminal Appea......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......t Md. Delwar Hossain J. - This Death Reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Additional Metropolitan Sessions Judge, First Court, Chittagong for confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convic..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ares certificate in respect of 306,000 shares of respondent No. 7 shall not be declared to have been vitiated by illegality and is of no legal effect and (iv) why the serving of the show cause notice dated 22-1-2007 (Annexure-S) on the petitioner-company by respondent No. 3 shall not be declared to ......umbo shares certificate in respect of 306,000 shares of respondent No. 7 shall not be declared to have been vitiated by illegality and is of no legal effect and (iv) why the serving of the show cause notice dated 22-1-2007 (Annexure-S) on the petitioner-company by respondent No. 3 shall not be decla...... the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence ..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....5. Judgment Muhammad Ansar Ali J.- This appeal by appellants 1). Gadu Miah alias Gadu, 2). Md. Majibur Rahman alias Madhu, 3). ldris Ali 4). Wazed Ali is directed against the judgment and order dated 11.7.1985 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convi......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....hmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md. Nurul Islam in Sessions Case No. 17 of 1...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......53 of 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....e No. 134 of 2005). Khairul Alam - on behalf of condemned prisoners- Hazrat Ali, Amani, Yousuf Ali Chowkider, Marfat Ali (Absconding condemner) and Faruque (absconding condemner by Court’s Order dated 13.12.2011) (In Death Reference No. 134 of 2005) Aminul Haque with Rana Kawser and Samia Af......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......f 2011) (In Jail No. 1040 of 2005) (In Jail Appeal No. 1041 of 2005) (In Jail Appeal No. 1042 of 2005). Jamir Uddin Sircar with Md. Idris Khan, Md. Shahjahan, Md. Amirul Islam, Sufia Akter Helen - for the informant to assist the State(In Death Reference No. 134 of 2005). Khairul Alam - on beha..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....tafa, Advocate - For the Petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No. 3192 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 27-5-87 passed by the learned Munsif, Gournadi in Miscellaneous case No.52 of 1986 under Order......arties filed an application under Order 9 rule 9 read with section 151 of the Code of Civil Procedure praying for setting aside the dismissal of the suit for default on the ground that the show-cause notice in question did not specify the steps they were required to take and they were thus confused ......sal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not bindi..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....dvocate appearing for the petitioner after placing the materials on record submitted that there was no materials before the detaining authority for the detention of the detenu except GD Entry No. 508 dated 9-4-98 in which there is also no specific allegation against the detenue to justify his detent......erous and terrible person and for fear of members of his gang nobody dared to raise objection against his terrorist activities and to give evidence in Court against him. In support of the allegations noticed above there is no report by any police personnel either working in the local police Station ......at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, il..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....e Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending before the Chief Metropolitan Magistrate (CMM) Dhaka by his Judgment and order dated 1-6-97. 2. Security Exchange Commission hereinafter referred to as SEC or Commission; as co......ting of he members of the SEC was held and in that meeting said report was considered and it was unanimously resolved to authorise the Chairman to take legal steps on the basis of the said report. As noticed earlier SEC presented extracts of the said report to the CMM through its Executive Director ...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....spondent No.2. M. Hafizullah, Advocate, instructed by A. Baset Majumder, Advocate-on-record – For the Respondent Nos. 3 & 4. Civil Appeal No.140 of 1981. (From the judgment and decree dated 9.7.80 passed by the High Court Division in F.A. No.25 of 1970). Judgment Badrul Haider ......rrived at Chittagong Port on 15.7.64 and discharged her cargo. The plaintiffs' consignment was not delivered to him. As such he submitted a claim to the defendants Chittagong Port Authority and a notice under section 109 of the Chittagong Port Act was served upon the defendant No.3 on 22.4.65........A. No.25 of 1970). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella ..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....ecord - For the Appellant. Rafiqur Rahman, Senior Advocate instructed by Sirajur Rahman, Advocate-on-record - For the Respondent. Civil Appeal No.111 of 1982. (From the judgment and order dated 17.6.1980 passed by the High Court Division in F.A. No.431 of 1968.) Judgment Badrul Hai......in painstaking manner presented the factual aspects of the case and the relevant law. The learned Additional Attorney General submitted that the High Court Division had fallen into an error of taking notice of the Public Conduct (Scrutiny) Ordinance, 1959 (Ordinance III of 1959) and have failed to n......dgment and order of the High Court Division passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.14..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment Badrul Haid......d originally belonged to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted......d to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been tra..Category: Property Law | Date: | Hits: 99
....M. Shafiqur Rahman and Mustafa Neaz Mohammed, Advocates with him, instructed by B.C. Panday, Advocate-on-Record - For the Respondents.
Civil Appeal No.18 of 1982.
(From the judgment and order dated August 18, 1981 passed by the High Court Division in Civil Revision No.1706 of 1978).
Judgm......wn that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving any notice to the co-sharers. The pre-emption case was contested by the pre-emptee contending, inter ali......ich arises out of a pre-emption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by ..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....d by the accused petitioners namely, Dr. Kamal Hossain and 11 others calling upon the Deputy Commissioner, Dhaka to show cause as to why the proceedings as contained in Shahbagh PS Case No.6(12) 2006 dated 5-12-2006 corresponding to GR No.157 of 2006 under sections 143/147/447/448/427/435/506/114 of......peal preferred by the Government of Bangladesh and ultimately the accused has been acquitted. The case has been reported in 6 BCR (AD) 225. It is curious enough that in this case the police did not notice the very statutory law of the country and acted malafide and submitted charge sheet in the ca......ending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....993. Judgment Md. Abdul Aziz J.- In this writ petition filed by Carew and Company (Bangladesh) Limited, a Rule was issued calling upon the respondents to show cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not be decl......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......the scale of Taka 400-25-525 EB-30-825 in the New National Scale of Pay (MNSP) of 1997 would be allowed pay in the Scale of Taka 470-35-645 NB-45-915-55-1135 with effect from 1-4-84 in place of their former pay scale. From 1-6-85 Modified National Scale of Pay (MNSP) of 1985 was introduced. The corr..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....rit petition No.2228 of 1993. Judgment Qazi Shafluddin J.- At the instance of Gazi Wires Ltd. this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 25-11-1993 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petiti...... the aforesaid product of the Company due to wrong and mis-interpretation of the excise tariff and the petitioners were asked to pay 20% excise and regulatory duty on that time onward and that demand notice for the said short levy would be issued in due course for recovery of the same. Subsequently,......ure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as manufactu..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....- For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed......Mr. Majumder has argued that after a long period of service in the higher post, the passing of an impugned order, demoting the petitioner to a lower grade, for his no fault and without any show cause notice, is against the principle of natural justice and, as such, the said order being unconstitutio...... declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh Water ..Category: Employment/Service Law | Date: | Hits: 184
....an and retired from the Government Employment on December 16, 1991. The petitioner purchased the case land under PS Lalmonirhat, District Rangpour by two deeds of conveyance being Nos. 6507 and 10276 dated 14-10-64 and 14-6-68 respectively and was in possession of the same. While he was in peaceful ...... Bangladesh as it offends Articles 27, 31, 48 of our Constitution.
Mr. Farooqui referring to section 4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take o...... 79 of 1997 and 1472 of 1996.
Judgment
Mahfuzur Rahman J.- All the writ petitions namely, Writ Petition Nos. 781/94, 1377/95, 1855/96, 4893/96, 79 of 1997 and 1472 of 1996 are taken up together for disposal since in all the cases vires of the Ordinance No.54/85 has been challenged.
2. In al..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....titution of the People’s Republic of Bangladesh is at the instance of the petitioner, Major General Moinul Hossain Chowdhury. 2. By this petition he impugns the notifications Nos.1-Pa-2/D-18/227 dated 27-8-1994 and 1-Pa-2/90/D-18/299 dated 27-8-1994 appointing Major-General Abu Saleh Mohammad N......gal supersession he made a representation for redress finally to the Hon’ble Defence Minister on 25-2-97 with copy to the Hon’ble President with no result. And he lastly, served Demand of Justice notice on 31-7-97 through his lawyer, Sharif and Nabi, calling upon the respondent No.1, the Governm......of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the disposal of the Ministry of Foreign Affairs for appointment as Ambassador after assassination of President Ziaur Rahman. The petitioner although..Category: Employment/Service Law | Date: | Hits: 244
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