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Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ies. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now Joint District Judge), Chandpur in Title Appea......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......solute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 199..Category: Property Law | Date: | Hits: 87
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....on-Record-For the Appellant Nitai Roy Chowdhury, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Civil Appeal No.214 of 2000 (From the judgment and order dated 3rd November 1999 passed by the High Court Division in Writ Petition No.3453 of 1998). Jud...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the inner carton and master carton for keeping them in the deep freeze for export and thereby he has been exporting shrimps to the Japa..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....d-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent. Civil Appeal No. 206 of 2000. (From the judgment and order dated 7th May 2000 passed by the High Court Division in Writ Petition No.4753 of 1999). Judgment......rther submitted that the writ petitioner’s appointment having been made in violation of the procedure and system of recruitment the Government cancelled the recruitment and for such cancellation no notice of show cause is required. He also submitted that the impugned order having been passed in re......………………………Respondent Judgment January 29, 2003. Result: The appeal is dismissed. Cases Referred to- Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 Supreme Court; 60 Hindustan Paper Corpn. Vs. Purendu Chakrobarty, (1996..Category: Employment/Service Law | Date: | Hits: 155
....ar Faruk - For the Appellants.
No one appears - For the Respondent.
First Appeal No. 54 of 1997.
Judgment
Shahidul Islam J. - This First Appeal is directed against the judgment and decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 1......ase of the plaintiff respondent that before getting a kabala deed executed and registered, through Court, the defendant No. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 36,0000/- from the said case, although the rent was being......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves:-
অতএব বাদী নিম্মমতে প্রার..
Category: Property Law | Date: | Hits: 113
....- for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Suit No. 36 of 2002 ......osal of the suit and it does not change the nature, character and foundation of the suit. The same principle would apply in case of filing an additional written statement.
10. At the same time, we notice that after substitution in 2005, and after closing the plaintiff’s witnesses, the substitut......ber 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 ..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....Appellant. M.H. Khondker, Senior Advocate, Supreme Court, instructed by S.R. Karmakar, Advocate on Record - For the Respondent No.1. Civil Appeal No.58 of 1982. (From the judgment and order date 25-3-82 passed by the High Court Division in Civil Revision Case No.358 of 1980.) Judgment ......Tenancy Act, observed that "from the aforesaid definitions it does not appear that ‘non-agricultural land’, defined bears the definition of 'holding' in the Bengal Tenancy Act." The learned Judge noticed that the word –“tenancy" has been mentioned by the Legislature in sections 6, 7, 11, pro......n………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezi..Category: Property Law | Date: | Hits: 85
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....ner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sylhet in Title Appeal No.4 of......aforesaid will executed by Binode Bihari Das has been duly probated by a competent civil Court and she duly obtained letters of Administration against the said will. The defendants illegally served a notice on her in the later part of 1976 asking her to surrender possession of the suit property as v......a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.2..Category: Property Law | Date: | Hits: 88
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
.... nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. 2. On the date of scrutiny on 5-11-97 the petitioner pointed out that the respondent No.1 defaulted repayment ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ...... contend that the respondent No.1 was a defaulter. 4. Mr. Muhammad Nazrul Islam appearing on behalf of the respondent No.1 candidly submits that the respondent No.1 took loan sanctioned on 16-4-96 for Taka 5,04,000.00 and after construction of the house for which he took loan he repaid the loan a..Category: Election Law | Date: | Hits: 153
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.... General ‑ For the Respondents. Writ Petition No. 177 of 1993. Judgment Md. Hamidul Haque J. - By this Rule the Respondents were directed to show cause as to why Memo No. Secret‑5/3/92 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue...... to prevent him from going out of the country. The respondent further claims that the reasons of non-issuance of the passport to the petitioner was conveyed to the petitioner on 11.2.93 upon a demand notice received from the petitioner. Thus, according to the respondent, the allegation of the petiti......issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a former Cabinet Minister and also a former General Secretary of Dhaka University Central Students' Un..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ddus Mia, Advocate ‑ For the Respondents. Second Appeal No. 269 of 1973. Judgment Kazi Ebadul Hoque J. - This appeal by the contesting defendant Nos. 1 and 8 is against judgment and decree dated 26.9.1972 passed by the Additional District Judge, Comilla in Title Appeal No. 95 of 1967 affi......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......al No. 95 of 1967 affirming the judgment and decree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of th..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....l - For the State. Criminal Revision No. 1107 of 1992. Judgment KM Hasan J. - This Rule was issued calling upon the Deputy Commissioner, Bagerhat to show cause as to why the impugned order dated 29.7.92 passed in Sessions Case No. 30 of 1991 by the learned Additional Sessions Judge, Bager......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......per. 2. The prosecution case, in brief, is that on 16.5.89 an FIR was lodged with the Fakirhat PS by one Md. Serajul Islam to the effect that on the night following 15.5.89 at about 11.00 PM the informant's maternal uncle Motaleb Shikari was shot in the thigh through the open window. Rabeya Begum..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....l No. 307 of 1976. Judgment Judgment Muhammad Ansar Ali J. - These two Second Appeals being Second Appeal No. 306 of 1976 and Second Appeal No. 307 o 1976 arise out of the same and one judgment dated 20th April, 1976 passed by the learned Additional District Judge, Faridpur disposing of the tw......recting two huts. The plaintiff asked the defendant-respondent to vacate the suit premises but he refused to do so on different pleas and at this the plaintiff‑appellant brought the matter to the notice of the local SDO by filing a petition who then referred the same to the Chairman of the Arbit......f by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of t..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... Judgment Md. Imman Ali J.- The petitioner previously filed Writ Petition No.377 of 1991 challenging the order under Memo No. প্রশা-৩/১৩১/১০ ট্রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner......esumed work on 09-3-1990 and continued in his service thereafter. On the other hand, a departmental proceeding was started against him for being absent from the office on 08-3-1990 and a show cause notice was issued on 27-3-1990 against which the petitioner submitted his reply and nothing further ...... passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without ..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....party. Civil Revision No. 489 of 2007. Judgment SM Ziaul Karim J.- This Rule at the instance of defendant respondent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to com......, বিশেষ দায়রা আদালতে স্থানান্তর করিতে পারিবেন। Section 24. (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion wit......ecial District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are that the plaintiff instituted the suit for permanent injunction which was dismissed by the trial Court. Against which Title Appeal No.392..Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....sing no heavy machinery over 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar in extracting ordinary stone as is evident from the lease-order dated 6-2-2006 (Annexure-'B' to the Writ Petition) and such other or further order or orders passed ......hinery in extracting stone from the quarry causing any damage to the surrounding area and environment. After the pronouncement of the judgment in Civil Appeal No.85 of 2006, the petitioner served notices upon the respondents demanding justice on 28-5-2009 so as to allow him to exercise his lease......er. With a view to taking lease of a Stone Mohal comprising 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Tetulia Upazila in the District of Panchagar, he made an application for lease of the aforesaid Mohal to the respondent No. 2. The application was duly processed by the ..Category: Property Law | Date: | Hits: 66
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....am Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Warrant of Precedence issued vide Cabinet Division's Notification No. CD-10/1/85-Rules/361 dated 11-9-1986 as revised up to 12-4-2000 equating with or subordinating District Judges and other ......e either an officious bystander or an interloper or a busybody; rather by way of invoking the Writ Jurisdiction of the High Court Division under Article 102 of the Constitution, he has brought to our notice a public wrong or a public injury and that is no doubt justifiable. Furthermore, his membersh...... matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....Liberation War of 1971 and thereafter, the respondents being satisfied started to give the State Honorarium benefit to the petitioners and the petitioners had been receiving their honorarium from the date of granting honorarium of the respective date. All on a sudden, in the middle part of 2003, the......bsp; The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities to show cause in this regard…………………………(25) Law......order or orders passed as to this Court may seem fit and proper." 2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any nor..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....eal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297....... Mahmud Husain CJ.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Cha..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....h AKM Nurul Islam, Senior Advocate, instructed by Md. Yakub Ali, Advocate - For Respondent No.1. Ex-parte—Respondent Nos. 2 and 3. Civil Appeal No.97 of 1977. (From the Judgment and Order dated the 18th May, 1973 passed by the High Court in Writ Petition No.159 of 1971). Judgment F......inst the future taxes at the above rate.” 9. Against the decision of the Additional Commissioner the Municipality moved the High Court by filing a writ petition after serving demand of justice notice upon the Additional Commissioner, Dacca Division. 10. A question was raised regarding ma......he appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxation Rules, 1960 for the year 1970-71 and on the basis of the valuation assessed quarterly tax at Rs.12,786/- for the..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Respondent Nos. 3 & 4. Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment K......llant was directed by an order dated 16.9.78 to discontinue the business of LMD work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appellant. 6. The appellant unsuccessfully challenged the said order dated 16.9.78 ...... under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on ..Category: Business or Commercial Law | Date: | Hits: 208
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