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Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
.... a contestant in the election of Chairman of Chouhat Union Parishad, Upazila Dhamrai, District Dhaka calls upon the reÂspondents to show cause why the impugned order (Annexure B) contained in a memo dated 2.4.88 purÂportedly passed by the Election Commission orderÂing a re-poll at Chouhat Primary......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......ithout lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, rescind or withdraw the same. 2. The petitioner alleges that the poll at the aforesaid Chouhat Primary School centre was peaceÂful and the Presiding Officer in due course counte..Category: Election Law | Date: | Hits: 167
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1250 of 2010. (From the judgment and order dated 22.4.2010 passed by the High Court Division in Writ Petition No.8498 of 2009.) Order Sur......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. A J Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1250 of 2010. (From the judgment and order dated 22.4.2010 passed by the ..Category: Employment/Service Law | Date: | Hits: 133
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....), instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No.1553 of 1997) Order AB......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002....... Mahbubuddin Ahmed Senior Advocate (M.A, Azim Khair, Advocate with him), instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....il Rule No.15 (FM) of 1991 and Appeal from Original Order No. 23 of 1991. Judgment Anwarul Hoque Choudhury J.- This First Miscellaneous Appeal is directed against the judgment and order dated 23.1.91 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.14 of 1991 making t......with their catering services and for restraining the defendant No.11, the newly appointed caterer, from conducting and controlling catering service of the Railway. 4. The Court issued a show cause notice upon defendant Nos. 1 to 10 by his order dated 8.1.91 but immediately thereafter the plaintif......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ul Bari, Advocate ‑ For the State. Criminal Appeal No.6 of 1990 (Comilla). Judgment Muhammad Ansar Ali J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.11.89 passed by the learned Additional Sessions Judge, Noakhali in Sessions Case No.136 of ......bmission of the learned Advocate for the appellants is that in examining appellant Shahid Hossain under section 342 of the Code of Criminal Procedure, this so called confession was not brought to his notice and he has been deprived of giving any explanation to the alleged confession or denying the s......e No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for ..Category: Criminal Law | Date: | Hits: 76
.... telephonic instruction to the efÂfect that the detenu should not be released from cusÂtody as an order of detention was being sent. On that day, that is on 7.8.88, an order of detention Annexure F dated 7.8.88 passed by the Senior Assistant Secretary, Ministry of Home Affairs (Respondent No.2) wa......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited BanÂgladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....R. and no artiÂcles were recovered from his possession or from his godown; that during the pendency of this case, the District Magistrate, Pabna issued an order of his deÂtention vide Memo No.306/C dated 15.5.87 (Annexure-C) on some false and flimsy reasons, nameÂly, that the detenu is a notoriou......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......ents to show cause why detenu Yunus Ali Mintu, son of Nazir Uddin @ Nasir Uddin of College Road, Ishwardi, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may satÂisfy itself that the detenu is not being held in custoÂdy witho..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....f other appeals, the superintendents of jail have communicated the petitions of appeal along with printed forms, (Bangladesh Jail Form No. 27) which contains the name of the convict, the offence, the date of sentence, the sentencing authority, the date of petition for copy of judgment and the date o......d order appealed against. Some appeals have been communicated against the judgments of the Magistrates, which are not legally maintainable in this Court. 3. After the said judgment, it came to our notice that some Division Benches of this Court had admitted appeals preferred under section 420 whi......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017 of 1989 (B‑497/90) and the order dated 23‑9‑92 passed by the Metropolitan Magistrate, Chittagong re-arresting the petitioner on 1......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petitioner Md...Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....d Mahfuza Begum, Advocates ‑ For Respondent Nos. 1 to 4. First Miscellaneous Appeal No. 33 of 2000. Judgment Md. Abdur Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of ......e case land to respondent Nos. I to 4 by aforesaid two deeds being No. 8882 dated 01‑09‑96 and 8984 dated 03‑09‑96 at a consideration of Taka 1,00,000 and Taka 50,000 respectively without any notice upon them. After coming, to know about the transfer, they obtained certified copies of the de......Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preempto..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....ode of Criminal Procedure at the instance of accused petitioner Abdul Halim Ukil calling upon State opposite party to show cause as to why the GR case 1079 of 2003 arising out of Nalitabari PS case dated 10‑11‑2003 under section 4(1) Ain Sringkhala Bignakari Aparad Druta Bichar Ain, 2002, now ...... 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposite party was dispensed with and the matter was fixed for hearing on 12‑01â......arad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon Stat..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....€‘ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, 2nd Court, Laxmipur in Title Appeal No. 184 of 1......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......88 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit prop..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....he Opposite Parties. Civil Revision No. 1708 of 2000. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the opposite party No. 1 to show cause as to why the judgment and decree dated 28‑10‑1999 and 04‑11‑1999 passed by learned Subordinate Judge, 1st Court Sadar, Noakha......earned Advocate further submits that all the allegations admitted by the plaintiff prove the misconduct of the plaintiff petitioner. He further submits that the authority and inquiry committee served notices against him and the inquiry was made by properly constituted committee wherein 2 persons inc......g these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑96 is illegal, void, inoperative and..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
.... Miscellaneous Appeal No. 138 of 2004 with C. Rule No. 251 (fm) of 2004 and Civil Revision No. 1026 of 2004. Judgment Md. Abdur Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several ..Category: Civil Law | Date: | Hits: 73
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....Ali, Advocate ‑ For Opposite Party No. 1. Civil Revision No. 3942 of 1991. Judgment Md. Abdur Rashid J. - The Rule was issued by a Single Bench of this Division against judgment and decree dated 22‑3‑88 passed by Subordinate Judge, Court No. 1 at Sylhet in Title Appeal No. 94 of 1987,......1 DLR (SC) 365. 35. In General Manager, Sonali Bank Vs. Md. Nurul Haque Khan, 8 BCR (AD) 44 a suit by a dismissed branch manager was dismissed on merit. The decision of BSIC Vs. Mahbub Hossain was noticed but was distinguished on merit. 36. In the case of Bangladesh Parjatan Corporation Vs. Sh...... accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3Â-82 inst..Category: Employment/Service Law | Date: | Hits: 174
....€‘ For the Opposite Party No.7.
Civil Revision No. 2762 of 1992.
Judgment
Amirul Islam Chowdhury J.- This Rule was issued on the opposite party Nos. 1 and 2 to show cause as to why the order dated 15.9.92 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No.162 of 1992 should ......he matter was heard expeditiously by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority......r was passed by this Court. Since no ad‑interim order was passed, the matter was heard expeditiously by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Boa..
Category: Company Law | Date: | Hits: 181
....762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Settlement in case No.668/88 (Annexure E annexed to the ......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......s, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....into a voyage charter Âparty with the owner of the defendant 1, through the defendant 4. The defendant 7 is the supplier the bills of lading for the plaintiffs’ cargo. The defendant 4 by its telex dated 23.6.1993 confirmed defendant 5 that the Bills of Lading were in order. The Bank of China, Sin......70,054.70 against the principal defendants. 7. The said plaint was followed by an application for arrest of the vessel. This Court on admission of the plaint by an order dated July 29, 1993 issued notice upon the defendants 1‑3 to show cause as to why the defendant 1 vessel 'MT Dolores' should ......ur Rahman, Advocates ‑ For the Plaintiff. M Hafizullah with SK Siddique, Advocates - For the Defendants. Admiralty Suit No. 21 of 1993. Judgment AM Mahmudur Rahman J.- The application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
...., 'D(1)' and 'D(2)' respectively. The petitioners state that it is this 0.0667 of acre of land from the SA Plot No.1730 which was purchased by them from Sunil Kumar Ghosh by a registered deed of sale dated 20Â-2‑1996 (Annexure‑'E'). Thereafter, the petitioners filed Mutation Case No.1038 of 199......tition No. 6047 of 2002. Judgment Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the notice issued in Miscellaneous Case No. 20 of 2002‑2003 by the respondent No.3 (as contained in An......being sons of late Hari Prashanna Ghosh filed a suit being Other Suit No.216 of 1975 against the Government of the People's Republic of Bangladesh (as principal defendant) and others on 2‑10‑1975 for a decree declaring their title in 0.20 acres of land of CS Plot No.3600 of Mouza Botardia. In th..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....-For the Respondents. First Appeal No.114 of 2003. Judgment Md. Abdul Matin J.- This appeal under section 96 of the Bankruptcy Act, 1997 is directed against judgment and order (adjudication) dated 27‑1‑2003 passed by the Additional District Judge and Bankruptcy Court, Dhaka in Bankruptc...... Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and the guarantor have defaulted in payment of the loan despite repeated demands and the plaintiff served formal demand notices upon the defendants under section 9 of the Bankruptcy Act which having not been heeded to by......a. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and the guarantor have defaulted in payment of the loan despite rep..Category: Civil Law | Date: | Hits: 83
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