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Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....n Residential Area (Phase-2), Chittagong (more particularly described in schedule-2 of the impugned auction notice), which he got from the Chittagong Development Authority by way of a lease agreement dated 4.2.2006. He, as a third party, mortgaged the said property in favour of Standard Bank Ltd. (r......ul Haque, Advocate - for the Respondent. Writ Petition No. 8642 of 2010. Judgment Md. Ruhul Quddus J. - The petitioner being a third party mortgagor obtained this Rule challenging an auction notice for sale of his mortgaged property published in the Daily Sangbad on 7.10.2010 and subsequent...... Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is discharged. Lawyers Involved: Tanjibul Alam with Md. Anisur Rahaman, Advocates - for the Petitioner. Syed Sanaul Haque, Advocate - for the Respondent. Writ Petition No. 8642 o..Category: Civil Law | Date: | Hits: 129
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....hy section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have...... was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the ......sued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitio..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prisoner Innocent N Egbunine under section 19(1)(4) of the Narcotics Control Act, 1990 on his conviction dated 19‑9‑1991 for the offence under section 9 thereof passed in Sessions Case No. 243 of 1990....... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......991 with Jail Appeal No.2197 of 1991. Judgment Mohammad Fazlul Karim J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Dhaka for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prison..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ndent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment S......scharged as no prima facie case of theft was made out, and on his application the Magistrate directed the appellant to produce the tractor for ultimate delivery to the respondent. On receipt of the notice, the appellant appeared before the Magistrate and took several adjournments taking various ......dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in t..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....rd - For the Appellant. Faqueer Shahabuddin Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 81 of 1982. From the judgment and order dated April 2, 1982 passed by the High Court Division in Reference Case No.1 of 1981. Judgment ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... a copy of the judgment written by my learned brother Badrul Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this appeal is whether the mortgage deed submitted by the respondent for regi..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ppellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgment S......y Vs. Joytennessa and ors, 13 DLR 287, Sattar J, held that the right of pre-emption is not absolute and is subject to any agreement for reconveyance and if the right of pre-emption is enforced with notice of the agreement for reconveyance the pre-emptor will take the property subject to the agreem......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio..Category: Property Law | Date: | Hits: 77
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....r Ghosal, (1897) ILR 24 Cal. 720; Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593; Benoy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers Involved......n Nahar Bibi, predecessor-in-interest of the respondents, by executing a registered kabuliyat, Ext. 1, on February 21, 1950 and since then she had been living there by constructing huts thereon. By a notice sent by registered post on 13.10.59 and also the notice through court on 11.10.56 the appella....... Hossain, Advocate-on-Record - For respondent Nos. 1 & 2. Syed Sakhawat Ali, Advocate-on-Record – For the respondent No. 7. Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant,..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....structed by Syed Sakhawat Ali, Advocate-on-Record - For the respondent No. 1. Not represented - Respondent Nos. 2 and 3(a) to 3(d). Civil Appeal No. 136 of 1982. From the Judgment and Decree dated April 6, 1982 passed by the High Court Division in Second Appeal No. 177 of 1978. Judgment...... make any such deposit as mentioned in the proviso has equally been matched by the omission of the plaintiff-respondents to take objection to it during the hearing of the case. As a consequence, no notice of the same was taken by the court. 10. Apart from this omission to object at the earliest......dgment and order of the High Court Division passed in Second Appeal No. 177 of 1978 on April 6, 1982. 2. Plaintiff-respondent filed S.C.C Suit No. 5 of 1970 in the 4th Court of Munsif, Narayanganj for ejectment of the defendant appellant from the suit premises and obtained an ex parte decree on M..Category: Procedural Law | Date: | Hits: 109
Category: Election Law | Date: | Hits: 190
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in F.M.A. No.234 of 2003). Judgment ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......dvocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....Muhummad Jamiruddin Sircar with Md. Asaduzzaman and Mir Hashmat Ali, Advocates - For Opposite Party. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for......dant was a habitual defaulter. The plaintiffs were in bona fide requirement of the suit premises for their own use as plaintiff No.1 Rabiul Alam subsequently became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant......ty. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....udul Islam, Advocate, instructed by Syed Sakhawat Ali, Advocated-on-Record - For the Respondent No.1. Respondents 2-11 - Ex-parte. Civil Appeal No. 103 of 1978. (From the Judgment and Order dated 28.4.77 passed by the High Court in Civil Revision Case No.29 of 1972) Judgment Kemaludd......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......ivil Revision Case No.29 of 1972) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser ..Category: Property Law | Date: | Hits: 60
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ction 55 of Value Added Tax Act 1991 Annexure Nos. B1, C1, C2, C3 and C4 in the writ petition and Annexure Nos. I, J and K of the supplementary affidavit and their subsequent demand by their letter dated 23 April, 2007 (Annexure-E1) of an open ended unconditional and continuous bank guarantee and ......e regarding alleged outstanding VAT of Organon for the years 2001-2006 on the basis of CRAD audit objections in sum of Taka 2,75,42,815.02.The amount was demanded by direct demands without show cause notices being served under section 55 of the VAT Act. The demands were rejected by Nuvista for each ......0 on 4-2-10) Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner Nuvista Pharma Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the direct formal demands made by the respondents in violation of section 55 of Value Added Tax Act 1991 Annexu..Category: Fiscal/Taxation Law | Date: | Hits: 181
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....f Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional District Judge, 1st Court, Noakhali in Title Appeal No. 15......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah with Azahar Ullah Bhuiyan, Advocates - For the Petitioner. Fauzia Karim with Rebaka Su..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
.... Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additional Metropolitan Sessions Judge, Court No. 5, Chittago...... Code on 17-5-1997 and on the basis of enquiry report dated 23-5-1997 the proceeding was drawn on 28-5-1997 directing the parties to maintain status quo in respect of possession of the case land. The notice of the case was duly served on 30-5-1997 upon the second party who in spite of receipt of the......n status quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court of Metropolitan Magistrate, Chittagong for trial and disposal. The said order was duly served upon the second party on 30-5-1997. 5. The..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....lant. Sultan Hossain Khan, Deputy Attorney General, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Criminal Appeal No.3 of 1977. (In appeal from the judgment and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 197......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......nt and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 1974.) Judgment Ahsanuddin Chowdhury J.—In this appeal by Special leave the point for consideration is whether for offences alleged to have been committed on or prior to 5-2-1974 t..Category: Criminal Law | Date: | Hits: 76
Category: Employment/Service Law | Date: | Hits: 133
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....titioners. Aminuddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 58 of 2011. (From the judgment and order dated 02.06.2010 passed by the High Court Division in Writ Petition No.530 of 2009.) Order Naz......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......te instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioners. Aminuddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 58 of 2011. (From the judgment and order dated 02.06.2010 passed by the H..Category: Employment/Service Law | Date: | Hits: 211