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Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....e opposite party to show cause as to why the proceeding of the Special Case No. 18 of 2007, corresponding to A. C. C. G. R. No. 25 of 2007 arising out of Motijheel Police Station Case No. 140(3) 2007 dated 29.03.2007 under section 409/109 of the Penal Code, now pending in the Court of Special Judge,......teen) abandoned houses for sale at the evaluated price recommended by the said Price Evaluation Committee and one house at the tender price to the highest bidder and directed RAJUK for floating fresh notice for tender in respect of the rest of the houses; that the accused No.1 allegedly having appro......Elahi, Assistant Attorney General - For the State. Khurshed Alam Khan, Advocate - For the Anti Corruption Commission (ACC). Criminal Miscellaneous No. 9051 of 2011 (Application u/s 561A CrPC for quashment of proceedings of the Special Case No. 18 of 2007 pending in the Court of Special Judg..Category: Administrative Law | Date: | Hits: 173
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....rker, Advocate - For the Petitioner. Abdul Quaim, Advocate with him Sarder Abul Hossain, Advocate - For the Opposite parties. Civil Revision No. 3254 of 2007. (Against the judgment and order dated 28.6.2007 passed by the Additional District Judge, Second Court, Narayangonj in Miscellaneous ......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342........7 of 2005 rejecting the case should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Petitioner, a tenant filed the case on 5.9.2005 for depositing the monthly rent in the name of the opposite parties with the House Rent Controller, ..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....tries ("IFU" or "Fund" as necessary) in due course of its operations provided a Euro 210,000/-loan to a Bangladeshi entity named Comfort Wear International Limited ("Borrower") under a Loan Agreement dated 28.8.2006. Article 14 of the Loan Agreement envisages the loan to be secured as hereunder in t......27.5.2009, addressed to the Borrower and copied to the Opposite party, notified the Opposite Party of the Borrower's default of the Loan Agreement. Furthermore, directly putting the Opposite Party on notice of the nature of such default, the Petitioner by a letter dated 8.10.2009 called in the Guara......313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....f Bangladesh Biman Flight Catering Centre (BFCC) should not be governed by the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 and absorbed as such in the service of Biman from the dates of their respective appointments entitling them to retirement and others benefits in line with......ractual employees. This being the scenario, cause (d) of the Organization Order No.13 of 1989 dated 11-11-1989 is arbitrary and violative of the fundamental rights of the petitioners. It is worthy of notice that both the regular and contractual employees of BFCC were appointed under the same terms......authority and of no legal effect and why the respondents should not be directed to regularize the service of the petitioners in Biman pursuant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benef..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....der section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 arising out of Tejgaon Police Station Case No.19 dated 9-12-2007 corresponding to ACC General Register Case No.160 of 2007, now pending in the Court ......্দেশক্রমে অনুরোধ করা হল”। (underlining is done by me) 36. Nowhere in the recital of annexure-B, the word sanction has been used. When the matter was noticed by the Court Mr. Md. Khurshid Alam Khan admitted that it is a mare request letter and he fur......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....By M. R Khan, Advocate on the record-For the Appellant. Miah Abdul Gafur, Advocate on Record, Supreme Court-For the Respondent No.1. Civil Appeal No.112 of 1981. (From the judgment and order dated January 5, 1981 passed by the High Court Division in Civil Revision No.253 of 1977.) Judgme...... section 43 of the Waqfs Ordinance. But the facts and circumstances of the case do not warrant such assumption. 5. Section 43 empowers the Administrator to appoint a person to act as Mutwaili with notice to all the persons interested in the waqf, for a specified period as he deems fit. This power......f the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whe..Category: Trust/Waqf Law | Date: | Hits: 188
....e restrained by an order of injunction from taking charge or acting as the Collective Bargaining Agent of opposite party No.4, as prayed for.
The Rule is made returnable within 4 (four) weeks from date."
The facts necessary for disposal of this application are:
The opposite party No.1 herei......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262........
Md. Nurul Huda with Faridul Alam Chowdhury Advocates - For the opposite party petitioner.
Civil Revision No. 329 of 1988.
Judgment
AM Mahmudur Rahman J.- The opposite party No.3 in the aforesaid Civil Revision has filed this application under Order 39 Rule 4 C.P.C. for selling aside th..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....posite party. Amirul Kabir Chowdhury, Deputy Attorney General - As Amicus Curiae. Criminal Revision Case No. 36 of 1987. Judgment Md. Abdul Jalil J.- This Rule calls in question the order dated 30.4.87 passed by the Chairman, Labour court, Chittagong in C.R. Case No. 38 of 1984 acquittin......in the Labour court alleging that he was a mechanic of the said Estate. The opposite party dismissed him from service on 27.12.77 on the ground of unauthorized absence from duties without issuing any notice to show cause. He prayed for his re-instatement in service. 3. The said case was contested......t he was a mechanic of the said Estate. The opposite party dismissed him from service on 27.12.77 on the ground of unauthorized absence from duties without issuing any notice to show cause. He prayed for his re-instatement in service. 3. The said case was contested by the 2nd party Management who..Category: Labour and Industrial Law | Date: | Hits: 177
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....n Chowdhury, Advocate - For the Opposite Party No.1. Civil Revision No. 204 of 1988. Judgment Latifur Rahman J.- This Rule at the instance of the defendants is directed against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 reject......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......rected against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local investigation of the suit land. 2. The short fact that will be necessary fo..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... in accordance with law. It gives the guarantee that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. Article 32 mandates that no person shall be deprived of life or personal liberty save in accordance with law. Arti......dinance No.II of 1982) and The Environment Conservation Act, 1995. 6. Respondent No.1, Ministry of Irrigation, Water Development and Flood Control, Government of Bangladesh, in spite of service of notice upon it, did neither appear nor did oppose the Rule. 7. Respondent Nos. 2-4, the Chief Eng......itiated pro bono public. Initially, the petition was summarily rejected by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....e - For the Respondent. First Miscellaneous Appeal No.186 of 1996. Judgment Md. Abdul Karim J.- This first miscellaneous appeal at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of ......ttachment of the cargo coaster named MV Ishrat Khan belonging to Habib Transport Company Ltd. and appointment of a receiver to manage the same till disposal of the suit. On 26-8-96 the Court issued a notice on the defendant to show cause within two days against the prayer of the plaintiff for attach...... at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of 1995 allowing the plaintiffs prayer for attaching, before judgment, MV Ishrat Khan, cargo Coaster No.C-678. 2. This first miscellaneo..Category: Civil Law | Date: | Hits: 65
....ment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Standard Manufacturing Company Ltd. calling upon the respondent No.1 to show cause as to why impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed......ned order dated 11-10-92 aforesaid Bank Guarantee for Taka 1,69,290.16 was directed to be encashed towards the duty payable for the said imported goods. Thereafter petitioner sent a demand of justice notice and then moved this Court and obtained the present Rule.
4. At the outset learned Advocate...... impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that sample of..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....facts are involved in all the three cases. 2. The Nisi was issued in Writ Petition No.1840 of 1994 calling upon the respondents to show cause as to why the impugned Memo No. 648-Justice-7/2N-98/80 dated 17-8-94 should not be declared to have been issued, made and passed without any lawful authori......another application to the Minister-in-charge of the relevant Ministry but the respondent No.1 by Memo No.835 Justice.7/2L-89/80 dated 28-9-94 rejected his appeal. The petitioner had not received any notice whatsoever from the respondent before the impugned memo dated 17-8-94 Annexure-D was issued a......h Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a quali..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....Code of Criminal Procedure has been sent by the Sessions Judge, Natore convicting the accused under section 302 of the Penal Code for confirmation of the death sentence awarded to him by his judgment dated 26-2-94. The condemned prisoner has filed Jail Appeal No.433 of 1994 against the aforesaid jud......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ment Kazi Ebadul Hoque J.- This reference under section 374 of the Code of Criminal Procedure has been sent by the Sessions Judge, Natore convicting the accused under section 302 of the Penal Code for confirmation of the death sentence awarded to him by his judgment dated 26-2-94. The condemned p..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....e Petitioner. Md. Azizul Hoque, Advocate - For the Opposite Party Nos. 1-2. Civil Revision No. 4817 of 1995. Judgment M A Aziz J.- Under challenge in this Rule are the judgment and decree dated 12-10-95 passed by the learned 3rd Senior Assistant Judge and SCC Judge, Dhaka in SCC Case No.......nt without passing any order on the prayer as to non-issuance of the rent receipts by the landlord. It was also stated by the landlord that she required the suit premises for her own use; that proper notice under section 106 of the Transfer of Property Act was also served on the defendant for vacati......iving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No.92 of 1990 for ejectment of defendant Nos. 1 and 2 (tena..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
....cate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by the learned Additional District Judge, Bogra, in Miscellaneous Appeal No.10......mize her and in pursuance of that the defendant Nos. 1-5 collusively adopted resolution against the plaintiff on 11-9-96 and in pursuance of the said resolution the defendant No.1 issued a show cause notice on the plaintiff on 12-7-96 and she submitted her reply thereto and thereafter the defendant ...... Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party as plaintiff filed Other ..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....ng of the aforesaid Admiralty Suit No.33 of 1995 the plaintiff also filed an application for the arrest of MV Hawai Splendour as a security for the plaintiff’s claim. And by the order of this Court dated 16-12-95 MV Hawai Splendour was arrested. 10. Then on 21-12-95 the defendant filed an appli......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......lty Suit No.13 of 1996. Judgment Kazi AT Manowaruddin J. - These two applications have been filed by the owner of the vessel MV Hawai Splendour under section 34 of the Admiralty Court Act, 1861 for obtaining security from the owner of the vessel MV Mauro D'Alesio. 2. One of the applications..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....vil Revision No.10025 of 1991. Judgment MM Ruhul Amin J.- In both the Civil Revisions Rules were issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 12‑11‑84 passed by the learned Subordinate Judge, Habiganj in Misc. Appeal No.165 of 1982 ......Hashim and the Court may at any time allow such amendment in the appeal to remove such defect under section 153 of the Code of Civil Procedure. He next argued that the Court of appeal below failed to notice that although the appeal may be incompetent owing to the wrong person being named as responde......ay seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of ..Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....udge on 29‑6‑94 for hearing acceptance or otherwise of the surety. The learned Subordinate Judge after hearing the Advocates of both the sides and on perusal of the surety by order passed on that date accepted the surety. 3. The present petitioner being aggrieved by and dissatisfied with thi......ircumstances the opposite party terminated the contract which caused serious loss to the petitioner who demanded compensation from the opposite party, which was rejected. Then the petitioner issued a notice under clause 67 of the General Conditions of the Contract for arbitration but he was informed......udge, 3rd Court, Dhaka in Title Suit No.284 of 1993 should not be set aside. The learned Subordinate Judge by the said order accepted the security bond furnished by the present opposite party in the aforesaid suit which was filed under section 33 of the Arbitration Act as amended. 2. The short fa..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....ioner. None Appears‑For the Respondents. Writ Petition No.1684 of 1995. Judgment Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner M Mohsin Hossain legality of the notice dated 22‑7‑95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspector of Police, Modjheel ......e Petitioner. None Appears‑For the Respondents. Writ Petition No.1684 of 1995. Judgment Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner M Mohsin Hossain legality of the notice dated 22‑7‑95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspector of Police, Mo......95 (Annexure‑A) issued by the respondent No.4, Sub‑Inspector of Police, Modjheel Police Station asking the petitioner to produce its documents is under challenge. 2. Learned Advocate appearing for the petitioner submitted that though no investigation was pending against the petitioner he was ..Category: Criminal Law | Date: | Hits: 60
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