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....t to show cause why the inclusion of House No.43, Central Block, Khalishpur Housing Estate, Khulua in the “Kha” list of the abandoned buildings, published in the Bangladesh Gazette (Extraordinary)dated 23-9-96 under the heading ‘Khulna District’ serial No.226 page 9764 (32) as evidenced by A...... person their property or who are enemy aliens.
10. It is claimed by petitioners that the procedure as laid down in President’s Order 16 and Ordinance 54 of 1985 has not been complied with as no notice was served on the petitioners.
Article 7 President’s Order No. 16 of 1972 provides for g......the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the..
Category: Limitation Law | Date: | Hits: 175
....f Engineering and Technology (BUET) calling upon the respondents, Director of Students Welfare and Member‑Secretary, Vice Chancellor and the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be dec......is recommendation on that very day for taking action against the petitioner. Thereafter on 10-8-95 Director of Student Welfare and Member Secretary of Board of Residence and Discipline of BUET sent a notice to the petitioner informing him that the report of the Chief Invigilator about his adopting u......ted 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner 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, supplementary affidavit and affidavit‑in‑reply su..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....s behalf on 5-9-93 but before he could reach the Court, a 3rd summon was ordered to be issued directing the accused petitioner to appear either personally or through his lawyer on 5-10-93. This order dated 5‑9‑93 was noted by the lawyer Mr. Md. Mahmud Hasan Talukder as it appears from the record......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....eeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/471/109 of the Penal Code read with section 5(2) of the Preventi......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “with the registrar, Joint stock Companies. Thereafter he filed an application with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern ..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....evision No.5695 of 1991(Dhaka) Civil Revision No.136 of 1990 (Chittagong) Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against judgment and decree dated 12-5-1990 passed by the Subordinate Judge, Chittagong in Other Appeal No.207/1978/78/78 allowi......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......chased in the benami of another person. 3. Suit was contested by the defendant Nos.1-6, 7,10,11,17 to 19 by filing separate written statements except defendant No.17-19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....s Rule at the instance of the defendant-petitioner under section 25 of the Small Cause Courts Act was issued calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑5‑92 passed by the Senior Assistant Judge, Sadar, Comilla in SCC Suit No.10 of 1985 rej......lted in payment of rent and that the plaintiff also required the suit premises for his own bona fide use and occupation and as such, the plaintiff terminated the tenancy of the defendant by serving a notice under section 106 of the Transfer of Property Act and then filed the SSC Suit as aforesaid. ......t facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a plaintiff filed SCC Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plain..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....n of No.8, Deogaon Union Parishad Under PS Muktagacha for electing Chairman held on 1‑2-92 was void on the allegations, inter alia, that at the time of scrutiny of the nomination papers of the candidates objection was raised on the validity of the candidature of Opposite Party No.2 Mr. Faizur Rahm......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election. 2. The opposite party 1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against the petitioner and opposite party Nos.2‑8 for decla..Category: Election Law | Date: | Hits: 148
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....he Anti-Corruption Commission. Kazi M. Ejarul Haque, Deputy Attorney General - For the Respondent. Criminal Appeal No. 2940 of 2010 (Against the judgment and order of conviction and sentence dated 24.2.2008 passed by the Special Judge, 6"1 Court, Dhaka in Special Case No. 3 of 2008.) Jud......convict-appellant No.1, Sheikh Helal Uddin, former Member of Parliament and his wife, Ms. Rupa Chowdhury, convict-appellant No.2. 3. The prosecution case, in brief, is that the Commission issued a notice on 29.05.2007 under Section 26(1) of the Anti-Corruption Act, 2004 on appellant No.1 asking h......to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 20..Category: Criminal Law | Date: | Hits: 108
....cord – For the Appellants.
Rafiqul Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-Record – For the Respondents No.1.
Civil Appeal No.7 of 1978.
(From the Judgment and Order dated 25-3-1977 passed by the High Court in F.M.A. No. 128 of 1977).
Judgment
Kemaluddin Hossa......in the Plaint at Tk. 84 and odd lacs including a sum of Tk. 50 lacs, claimed as compensation or damages for the loss suffered by it because of the unlawful acts of Appellants.
On being served with notice of the suit the Appellants filed an application under section 34 of the Arbitration Act prayi......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e. After examination of the witnesses the learned Sessions Judge passed the order of conviction and sentence as aforesaid. 5. The question before us is whether the dacoity was committed on the date, at the place and time and in the manner as alleged by the prosecution and whether the prosecut......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... For the State. Criminal Appeal No.286 of 1983. Judgment Habibur Rahman Khan J.- The appellant Abu Taleb has been convicted under Section 397 of the Penal Code and sentenced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by th..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....ction 54 of the Code of Criminal Procedure read with Section 3(2) of the Special Powers Act, 1974. While in custody, the learned District Magistrate, Lalmonirhat by his Memo No.33 (Confidential Cell) dated 20.4.87 under Section 3(2) of the Special Powers Act directed that the detenu be detained in......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ment Habibur Rahman Khan J.- The writ petition under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh has been filed by one Mosammat Siria Begum seeking an order for the release of her husband Md. Ofazuddin Dewan from detention. 2. On the application of th..Category: Criminal Law | Date: | Hits: 66
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....one of the two thatched hut by placing C.I. Sheets and paid rent for the holding up to 1366 B.S. and got rent receipts. He sent the revenue for the period of 1367-1370 B.S. by Money Order No.7063 dated 21.12.63, but it was not accepted. So it cannot be said that the rent was in arrear and the ......possession of the suit land at the lime, the auction sale took place. From the certified copy of the order sheet of Certificate Case No. 6244 of 1962-63 which is marked Ext D (1), it appears that the notices under section 7 of the Public Demands Recovery Act returned unserved with the report that ce......peals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovery of khas possession..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....1984 under section 107 of the Code of Criminal Procedure. 2. The Criminal Misc. Case No. 15-M of 1984 under section 107 of the Code of Criminal Procedure was initiated by a petition of complaint dated 22.2.84 filed by complainant petitioner in the Court of City Magistrate, Rajshahi on the alleg......under the provision of section 107 of the Code of Criminal Procedure for keeping peace and safely of the petitioner and his family members. 3. The trial Magistrate served the opposite parties with notice to show cause why they should not be bound down to bond of Tk. 2,000/- for keeping peace and ...... 2 and their Bharatias, accompanied by several goondas knocked upon the door of the residence of the petitioner and announced threats to murder them. The petitioner and their family members, therefore, had genuine apprehension that the opposite party Nos.1 and 2 with the help of the Bharatias an..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
.... Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88 calling upon the Respondents to show cause as to why Memo No.2780, Public notice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely Annexure......two are Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88 calling upon the Respondents to show cause as to why Memo No.2780, Public notice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely A......ice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling station, only for the office of the members, should not be declared to have been issued without lawful authority..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the impugned order being Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made with...... society with effect from 7.3.86. Out of 18 Directors of 1984 Managing Committee, only the petitioner and 4 others were re-elected to the Managing Committee on 4.3.86. 3. On 29.4.86 a show cause notice was issued under section 22(4) and section 26 of the Cooperative Societies Ordinance, 1984 ......86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner with others formed a cooperative society under the name and style of "Mirpur Shaheed Sriti Market Babashayee B..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....on No. 95 of 1985. Judgment Syed Misbahuddin Hossain J.- This rule at the instance of the petitioner was issued calling upon the opposite party Nos.1 to 6 to show cause why the impugned order dated 28.1.85 passed by the learned District Judge, Bhola in Election Appeal No.2 of 1984 reversin......ssary as the counting was done by the Presiding Officer in insufficient light in a crowded room which might have caused the mistake. The Election Tribunal recounted the ballot papers after giving notice lo the Advocates of the parties. The learned Election Tribunal found 94 ballots invalid whi......tion Appeal No.2 of 1984 reversing the Judgment and order dated 31.5.84 passed by the learned Election Tribunal, Bhola should not be set aside. 2. The petitioner filed the election petition before the Election Tribunal, Bhola on 29.2.84 challenging the election of the opposite party No.1 w..Category: Election Law | Date: | Hits: 163
....gment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Cas......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......nst the Project Manager, Bangladesh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and order dated 25.5.8..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....hali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessity for fresh poll at Joygunnessa ......view of the decision of the Privy Council quoted earlier the jurisdiction of the Civil Court always remains on a limited compass. But in the Barisal Bench decision referred to earlier it has been noticed that in the full Bench decision reported in PLD 1949 Lahore 301(343) in the case of Sultan A......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi..Category: Election Law | Date: | Hits: 207
....Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned notification dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the...... never been declared or treated as abandoned property nor taken possession of by the Government in any manner under the President's Order No.16 of 1972. The petitioner was surprised to see the public notice dated 28.4.86 published in the Bangladesh Gazette Extra-Ordinary on 28.4.86 under the provisi......o. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house, paying rents and taxes to the Gov..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
.... No.348 of 1981. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against the judgment and order dated 24.7.81 passed by the Additional District and Sessions Judge, 5th Court, Dhaka in Criminal Rev......7 and 117 of the Code of Criminal Procedure, being case No.757 of 1978. The said proceeding under section 107 has been drawn up against the opposite parties in the said case on 23.10.79. A show cause notice was issued on which the opposite parties appeared and resisted the case by filing a jointly w......ns 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior Advocate of this Court, filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating th..Category: Criminal Law | Date: | Hits: 77
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