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Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....1-12-2004 in favour of the complainant bank. Thereafter the petitioner replaced the said two cheques of the same amount on 30-4-2005 and 30-5-2005 as the previous cheques were not enchased within due date and thereafter the complainant opposite party No.2 deposited the cheques dated 30-04-2005 and 3......nd 30-05-2005 for clearing the same through clearing house of Bangladesh Bank which was dishonoured with an endorsement 'insufficient fund' and thereafter the complainant opposite party No.2 served a notice upon the accused person on 02-06-2005 with a request to make payment within stipulated period......aka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shi..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....tion 561A of the Code of Criminal Procedure, was issued calling upon opposite-parties to show cause as to why the proceeding of Metropolitan Special Case No.42 of 2009 arising out Ramna PS Case No.33 dated 19-8-2008 Corresponding to ACC GR Case No.120 of 2008 under sections 26(2) and 27(1) of the An...... for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of accused No.1 Md. Obaidullah, Ex-Managing Director of Bangladesh Teletalk Ltd. in the response to the notice of Anti-Corruption Corruption Commission, the petitioner's husband submitted statement of ass......oper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac..Category: Criminal Law | Date: | Hits: 100
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....wdhury, Senior Advocate, (Bahauddin Ahmed, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record - For the Respondents. Criminal Appeal No.18 of 1978. (From the judgment and order dated 19-11-1976 passed by the High Court Division in Criminal Revision No.430 of 1975.) Judgment....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... Ruhul Islam J.- This appeal by special leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High ..Category: Criminal Law | Date: | Hits: 94
.... the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal No.147 of 1978.
(From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974).
Judgment
Badrul Haider......ed authority may determine.
(2) A public servant may opt to retire at any time after the completion of twenty-five years of his service:
Provided that he shall exercise his option by giving a notice in writing to his appointing authority at least thirty days prior to the date of his intended......s giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.73. He applied for leave preparatory to retirement in December, 1972 and while he was awaiting for the result of th..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ayun Hossain Khan, Advocates, instructed by Md. Nurul Hul, Advocate-on-Record - For Respondent No.1 (In Appeal No.25 of 1979). Civil Appeal Nos. 24 and 25 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition Nos. 479 and 538 of 1978 respecti......ervant. Mr. Pal heavily relied on the Administrative Order No.4 of 1971 to substantiate his contention that services of an officer having served over ten years can be terminated alter giving 3 months notice or 3 months pay in lieu of notice. Clause (viii) of the Order mentions that relevant rules of......espondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any ru..Category: Employment/Service Law | Date: | Hits: 123
....e No.138/61-62 on the ground that the existence of the LA Case was not known to the petitioners and they had no opportunity to challenge the same. That application was rejected by order of this Court dated 16-2-2010 on the ground that the challenge against the LA Case No.138/61-62 is totally distinc......t the process of acquisition and requisition commenced in the year 1961-62 and the petitioners got their lease on 20-11-2004 and 13.12.2004 and, therefore, they would not be entitled to receive any notice.
2. In WP No.4116 of 2007 the petitioner on behalf of the Waqf Administrator challenges th......Petitions)—For the Respondents-RAJUK.
Writ Petitions No. 8065 of 2006 & 4116 of 2007.
Judgment
Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No.138/61-62. In Writ Petiti..
Category: Property Law | Date: | Hits: 106
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2081 of 2009.) Judgment ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......cate-on-Record— For the Petitioner. A. Y. Mosihuzzaman, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....al instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.551 of 2009. (From the judgment and order dated 26.01.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate Tribuna......allegations made against him. Thereafter, the authority appointed two enquiry Officers to conduct the enquiry. The Enquiry Officers submitted their report and the authority issued second show cause notice on the basis of that enquiry report. The petitioner submitted his reply against that second s......esh. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.551 of 2009. (From the judgment and order dated 26.01.2009 passed by the A..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....itioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No.2044 of 2002.) Judgment ...... case land. That the opposite party No.3 sold the case land to the pre-emptee opposite party No.1 by registered kabala dated 16.09.1997 beyond the knowledge of the pre-emptors and without serving any notice upon them under section 89 of the State Acquisition and Tenancy Act. That the pre-emptee was ...... Lawyers Involved: N. I. Bhuiyan, Advocate-on-Record—For the Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the ..Category: Property Law | Date: | Hits: 98
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....K.M Masud Rumy, Assistant Attorney General - For the state. M.A. Muntakim, Advocate - For the opposite party No.2. Criminal Miscellaneous No. 8381 of 2008. (Arising out of Judgment and order dated 22.4.2008 passed by the Additional Session Judge 4th Court, Khulna in Criminal Revision No.235......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......2 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for adding him as opposite party No.2 in this case. A..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
.... the Anti-Corruption Commission. Md. Khurshid Alam Khan, Advocate - For opposite party No.2. Criminal Appeal No. 3536 of 2009. (Arising out of Judgment and order of conviction and sentence dated 14.2.2008 passed by the learned Special Judge Court No.5 Dhaka in the Special Case No.15 of 20...... 3. The prosecution case, in brief, is that appellant, his wife, sons and daughters are in possession of the properties disproportionate to their known sources of income. Accordingly, on 18.2.2007 notice was issued upon the convict-appellant requiring him to furnish statements of his own properti......6 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....uiyum, Advocate with him Md. Faruque Ahmed, Advocate, Mohammad Ullah, Advocate Ms. Salma Begum, Advocate - For the Opposite parties. Civil Revision No. 515 of 2009. (From the Judgment and order dated 2.6.2008 passed by the District Judge, Dhaka in Civil Revision No.4 of 2008.) Judgment M......em fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defendant declaring the "notice dated 23.12.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not bin......4 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defend..Category: Property Law | Date: | Hits: 85
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....al - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Session Case N......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......Miah .................... Appellant Vs. The State ....................... Respondent Judgment April 19, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - for the appellant. Promila Biswas, Deputy Attorney General - for the respondent. Criminal Appe..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....eral - for the respondent. Criminal Appeal No.1024 of 1996. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 15.6.1996 passed by the Special Tribunal No.9, Comilla in Special Tribunal Case No.129 of 1995......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......o- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers Involved: Nahida Yasmin, Advocate - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the High Court Division in Civil Revision No.4014 of 2008.) Judgment ......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400....... Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the ..Category: Property Law | Date: | Hits: 75
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....que Khan, Advocates - For the petitioner. Enayet Hussain Khan with Md. Ziaul Hoque, Advocates - For the opposite party No.1. Civil Revision No. 4786 of 2003. (Arising out of the order dated 28.9.2003 passed by the Joint District Judge, 2nd Court, Narayangonj in Title Suit No.31 of 20......re, that Mr. Razzaque, the learned Advocate for the petitioner-Bank is not wrong in submitting that the plaintiff-opposite party No.1 has never approached before the Court with clean hand. As already noticed the plaintiff-opposite party No.1 submitted his all original title deeds of the mortgaged pr......y the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed T..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....r. No one ‑ For the Opposite Party. Criminal Revision No. 263 of 1987. Judgment Badrul Islam Chowdhury J. -By this Rule the opposite party was directed to show cause as to why the order dated 16.3.87 passed by the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be......uits it is generally understood that matters of civil nature and has also pointed out that a proceeding under section 488 is of quasi criminal and quasi civil nature. The learned Judge also took into notice the decision of the Supreme Court of Pakistan reported in PLD 1969 (SC) 187 and Supreme Court...... the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The present Petitioner Meher Negar on ..Category: Family Law | Date: | Hits: 215
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
....influenced by the enemies of the detenu arrested the detenu on 24.2.94 under section 54 CrPC. Thereafter the detenu was served on 25.2.94 with the order of detention vide Memo No. 45/(S)‑5‑C‑S, dated 12.5.93 (Annexure-'A') passed by the District Magistrate, Jessore, detaining the detenu for a ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......Fazlul Karim J. -This rule was issued calling upon the opposite parties to show cause as to why the detenu Md. Shahadat Hossain alias Bere now detained in Jessore Central Jail should not be brought before this Court in order to satisfy itself that the detenu is not being held in custody illegally or..Category: Criminal Law | Date: | Hits: 86
....r of Taxes allowed the appeal in part deleting the addition in the Trading Account while maintaining the addition with respect to profit under section 10 (2A) and the disallowances, etc. by his order dated 26.9.81.
7. The assessee appealed against the said order before the Appellate Tribunal in I......howing a net loss at Taka 6,27,381.00 on the basis of audited statement of account.
4. On receipt of the revised return the Deputy Commissioner of Taxes, Companies Circle ‑ II, Chittagong issued notice under section 23 (2) and 22 (4) upon the assessee in response to which the assessee appeared ......Application No.1 of 1985. (Chittagong)
Judgment
Anwarul Hoque Choudhury J. - In the instant reference application being No. 1 of 1985 under section 66(1) of the Income Tax Act has been taken up for hearing today in presence of the learned Deputy Attorney General, Mr. AY Salehuzzaman appearing ..
Category: Fiscal/Taxation Law | Date: | Hits: 188
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....rney-General with B. B Roy Chowdhury, Assistant Attorney-General, instructed by S. S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No.11 of 1976. (From the Judgment and order dated the 2nd June, 1976 passed by the High Court Division in Criminal Revision Case No.215 of 1976)...... 1975, only on the basis of a report of a police officer not below the rank of Deputy Superintendent of Police or an officer of Defence Service not below the rank of Major or equivalent. It should be noticed that the basic fact which enables the Court to take cognizance of an offence is a report of ...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur..Category: Criminal Law | Date: | Hits: 115
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