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Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
.... party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of the Penal Code now pending in the Court of Metropolitan ...... can be exercised to prevent the abuse of the process of the Court which is to be exercised very sparingly with circumspection and in the rarest of rare cases when exceptional features are brought to notice and (c) this power can be exercised only to secure the ends of justice when the injustice ......Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of th..Category: Criminal Law | Date: | Hits: 76
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
.... − For the petitioner. Mr. Yusuf HossainHumayun, Advocate, with Mr. Md. Matiar Rahman, Advocate − For the oppositeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ...... Dhaka, allowing Misc. appeal No.27 of 2009 by reversing those of dated 05-04-2009 passed by learned Assistant Judge and Family Court No.15, Dhaka, directing the custody of children to plaintiff for ten days in Family Suit No.08 of 2009. 2. Material facts are that on 15-01-2009 materna..Category: Family Law | Date: | Hits: 171
....n Bashar and Jobaiyada Golshan Ara ‑ For Respondent Nos. 1 to 6.
First Appeal No. 108 of 1999.
Judgment
Md. Abdur Rashid J. - Defendant Nos. 1 and 2 presented the appeal against the decree dated 11‑1‑99 passed by Subordinate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, wh......e bank or any employee of the bank removed any scraps from the yard. They also denied that they supplied 3500 MT scraps out of 7880 MT only.
10. When defendant Nos. 3 and 4 on 20‑7‑87 issued a notice upon the plaintiff for sale of all attached property hypothecated to the bank for realisation......nate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit.
Respondent Nos. I to 6 as plaintiffs on 20‑6-91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21.
2. Plaint case, in short, is that plaintiff No. 1 was ..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 20......uch Sole decree. The present defendant Nos. 1‑4 recently brought Title Suit No. 30 of 2000 in the Court of Assistant Judge, Feni for partition of the land of the concerned khatian. On receiving the notice of that suit the petitioners came to know about Title Suit No. 134 of 1958 and about the sole......his Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1..Category: Civil Law | Date: | Hits: 75
....National Board of Revenue. Bangladesh Telegraph and Telephone Board levied 15% excise duty on the impugned Telephone bill as per direction of the Government as contained in letter No.1 (3) R-1/90/138 dated 14-8-90 (Annexures C & D) to the affidavit-in-opposition of the Respondent Nos.1 and 2.
......AT (Annexure-A). He claimed that he is not liable to pay Value Added Tax on his personal telephone set and refused to pay VAT on his telephone bill. On 1-12-94 the petitioner sent a demand of justice notice to the respondent No.2 but to no effect.
3. Being aggrieved the petitioner moved this Cour......cate of this Court received as the subscriber of his residence telephone, No. 400516, a telephone bill from the respondent No.2, a Senior Accounts Officer of Bangladesh Telegraph and Telephone Board, for the month of October, 1994 amounting to Taka 770.73 including Taka 100.53 as 15% VAT (Annexure-A..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutate the name of the petitioners in the records of right pursuant to the judgment and order dated 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which was a......ake necessary steps as per the judgment of the Appellate Division. 6. Since no action was taken on the application made by the petitioners for mutating their names they were constrained to serve a notice upon the respondents demanding justice. Though the notice was served upon the respondents no ......d 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which was affirmed by the Appellate Division of the Supreme Court of Bangladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, a..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....hman, Assistant Attorney General ‑ For Respondent No. 8. First Appeal No. 122 of 2001. Judgment Md. Abdur Rashid J. - This appeal was presented by the plaintiff against judgment and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000......aintiff society was owner in possession of the suit land. The suit land was acquired and an award was made in the names of defendant Nos. 1 to 5 and unknown persons. The plaintiff did not receive any notice either under section 3 or 6 of the Ordinance. Plaintiff did not challenge the acquisition pro......ent and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff societ..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....—For the Respondents. First Miscellaneous Appeal No.304 of 2004 with Civil Rule No. 645(FM) of 2004. Judgment Md. Abdur Rashid J.- Defendants presented the appeal against an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 200......and they already paid up more than 300 percent of said principal amount. Any further claim under those accounts would be barred under sections 46 and/or 47 of the Ain. But said IFIC Bank sent a legal notice on 18‑4‑04 to the plaintiffs demanding Taka 135,09,69,533.31 claiming due as on 31‑12......ed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....espondent No.3. 3. It is stated that at a tip‑off on 22‑6‑04, the petitioner found through search by an Advocate that as per annual summary of share capital and list of shareholder-directors dated 31‑12‑99 that on 18‑11‑99 said Abdul Hamid Chowdhury transferred 15,000 shares to Reha......ticles of association of the company shows that the petitioner is one of the two permanent directors of the company. Under articles 30‑35, the petitioner as one of the two directors was entitled to notice but Abdul Hamid Chowdhury transferred the shares without issue of any such notice. 6. In t....... Matter No. 105 of 2004. Judgment Md. Abdur Rashid J.- This application at the instance of one Abdur Rashid Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited co..Category: Company Law | Date: | Hits: 232
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....ties. Civil Revision No.1436 of 2002. Judgment Bijan Kumar Das J.- By this Rule the opposite parties Nos. 1‑7 were called upon to show cause as to why the impugned judgment and order No.76 dated 30‑1‑2002 passed by the Joint District Judge, Court No.2, Noakhali in Miscellaneous Case N......ers, in the case holding by purchase and what one Md. Anisul Hoque, another co-sharer transferred the case land in favour of Moulavi Md. Safiqur Rahman and Mst. Mohsena Khatoon without service of any notice on the pre‑emptors by a Kabala dated 16‑2‑1998 and the pre‑emptors learnt about the t......not maintainable. According to the pre-emptees, the Miscellaneous case was not filed by pre‑emptor Nos.1, 2, 4, 5, 6 and 7 and their signatures in the vokalatnama and Miscellaneous application were forged and fabricated and prayed for dismissal of the case. 4. Aforesaid Miscellaneous Case No.5 ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....ter of weeks and months. The petitioner in paragraph No.7 of the application has given break‑up of the claim and the total amount comes to Taka 15,24,700. It further appears that a statutory notice dated 1‑3‑2003, as evidenced by Annexure 'C' to the application, was in due course served upon t......vision of section 241(v) of the Act. It was on the ground that the Association is unable to pay its debts in that, on the termination of the services of the petitioner, despite being served statutory notice upon them, the respondent Association have failed to pay arrear salaries and other allowances......tioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Ac..Category: Employment/Service Law | Date: | Hits: 144
.... refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17‑3‑2002 issued by respondent No.2 (ii) Memo dated 21‑11‑2002 issued by respondent No......ir salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As such, the petitioners by their letter dated 5‑8‑2003 brought the dispute to the notice of the Hon'ble Finance Minister (Annexure-D series) but the Hon'ble Minister by his letter da......he monthly salary of the petitioner No.4 since March, 2003 and an Audit and Accounts Officer of the respondent No.1, by his letters dated 27‑7‑2003 (Annexure-C series) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As ..
Category: Employment/Service Law | Date: | Hits: 99
....r, Advocate—For the Respondents.
Writ Petition No. 3440 of 1996.
Judgment
Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the Bill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/......er. On calculation they found that 91,200 units of power had been stolen and, as such, the petitioner were liable to pay the bill for the said units with compensatory rate. The respondent No.3 issued notice upon the petitioners after filing of the said case for disconnecting the electric line of the......lared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith.
2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., is a private limited comp..
Category: Others | Date: | Hits: 135
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....ssistant Attorney-General—For the State. Criminal Appeal No. 88 of 1999. Judgment Sikder Maqbul Huq J.- This appeal under section 30 of the Special Powers Act is directed against the order dated 13‑1‑1999, passed by Special Tribunal No.1, Barguna, in Special Powers Case No.10 of 1998,......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ...... 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by informant Md. Abdur Rashid, the then Sub-inspector of Police, Barguna Police Station, who lodged a fir..Category: Criminal Law | Date: | Hits: 78
...., this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders contained in Nathi No.5(8) মূসক-বাস্তঃসেবা ও আবঃ/৯৩/৬১ dated 10-4-2010 issued by respondent No.3 (Annexure-H) and Nathi No.4/Musak/Engineering/175/2003/ 82......at in all fairness this Rule should be made absolute.
9. The respondent No.1 filed Vokalatnama and affidavit in opposition Mr. SM Moniruzzaman, the learned Assistant Attorney-General brings to our notice paragraph 7 of the affidavit in opposition wherein the impugned letter dated 10-4-2004 (Annex......co-bidder namely Messrs Poles and Concrete Ltd. After being successful in the tender respondent No.6 issued notification of award and entered into an agreement on 5-2-2008 with the petitioner company for supply of 6,999 SPC poles of two sizes and with Messrs Poles and Concrete Ltd. for supply 2,701 ..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
..... Md. Abdul Quddus with AK Azad Choudhury Advocates ‑ For Respondent No. 7. First Appeal No. 492 of 2001. Judgment Md. Abdur Rashid J. - Plaintiffs presented the appeal against an order dated 26‑2‑2001 passed by Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 261 of 199......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... in Title Suit No. 261 of 1997, which rejected the plaint. 2. Plaintiffs on 6‑5‑92 instituted Title Suit No. 79 of 1992 in the Third Court of Subordinate Judge at Dhaka against the respondents for Specific Performance of a contract. The suit was then on transfer renumbered as Title Suit No. 2..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....7 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 8‑7‑99 passed by Additional District Judge at Bagerhat in Title Appeal No.275 of 1995 reve......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......275 of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of..Category: Property Law | Date: | Hits: 64
....y out inspection of cargo to be imported into Bangladesh and certifying the quality, quantity, HS Code and price of the goods as per provision of the Order by Gazette Notification NG. 84/2000/Customs dated 10‑2‑2000.
4. The Siemens Bangladesh Ltd. imported 1349 pieces Siemens S‑16 Mobile Ph......11‑2‑2001 directed the petitioner to deposit 50% of the penalty in cash by 13‑3‑2001 under section 194 of the Act. On repeated representations by the petitioner, the Appellate Tribunal by its notice dated 20‑8‑2002 directed the petitioner to deposit 10% of the penalty by 25‑8-2002 ot......2000.
4. The Siemens Bangladesh Ltd. imported 1349 pieces Siemens S‑16 Mobile Phone and 1349 pieces of Travel Chargers along with the accessories under a Letter of Credit dated 9‑3‑2000. Before shipment, the petitioner company through its overseas office at 'LINFORT BERMANY" inspected the..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
..... Judgment Faruque Ahmed J. - This Rule at the instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 to show cause as to why the judgment and decree dated 8‑3‑2000 passed by the teamed Subordinate Judge, Commercial Court No. 2 Dhaka, in Title Ap......‑7-1993 by the petitioner-company without giving him any charge-sheet, without affording him any opportunity to defend his case, without holding any inquiry and without giving any second show cause notice. He filed an application to the petitioner company for reconsideration and reinstatement in......tle Suit No. 285 of 1995 in the Court of the 4th Assistant Judge, Dhaka which was on transfer renumbered as Title Suit No. 146 of 1997 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First Labour Court, Chittagong, in Complaint Case No. 1 o......loyer or employers on matters connected with employment, non-employment, the terms of employment or the conditions of work. (b) represent all or any of the workmen in any proceedings, (c) give notice of, and declare, a strike in accordance with the provisions of this Ordinance; and (d) nom......aint Case No. 1 of 1997 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 directing the petitioner. Karnafuli Fertilizer Co. Ltd. to reinstate the respondent No. 2 to his former post in service with back wages and continuity in service and other allowance. 2. Responde..Category: Labour and Industrial Law | Date: | Hits: 152
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