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Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....rney‑General-For the Respondents. Writ Petition No.1052 of 2004. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 1‑3‑2004 passed by respondent No.1 in the file under bill of entry No.C‑3187 dated 25‑......87 dated 25‑2‑2004 denying the assessment and release of the petitioner's imported consignment under LC No.1945‑03‑1‑1838 dated 17‑11‑2003 on the plea of restriction imposed vide public notice No.71(97‑2000)/Import dated 27‑1‑2004 should not be declared to have been passed withou......t may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of his business opened letter of credit No.1945‑3‑1‑1838 dated 17-11‑2003 for US$ 9000 through Export Import Bank of Bangladesh Ltd. 55‑56 Motijheel C/A Dhaka for import of..Category: Fiscal/Taxation Law | Date: | Hits: 111
....rs- For the Opposite Parties.
Civil Revision No. 3699 of 2002.
Judgment
Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.31 of 1999 sh...... boundary wall which is 6 feet high and this fact again is a completely new fact brought after the issues were framed and the evidence of the plaintiff’s witness was closed. The trial Court did not notice that the proposal of amendment of the written statement was to completely change the nature a......m fit and proper.
2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaint..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....Respondents. Appeal from Original Decree (FA) No.76 of 1998. Judgment AKM Fazlur Rahman J.- This appeal at the instance of the plaintiff-appellant is directed against the judgment and decree dated 4‑2‑1998 passed by the learned Subordinate Judge, Second Court, Bogra in Other Class Suit ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......rdinate Judge, Second Court, Bogra in Other Class Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint allegin..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....he Opposite Parties. Civil Revision No.3640 of 2001. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the Opposite Party No.1, to show cause as to why the Judgment and decree dated 2‑5‑2001 passed by the Subordinate Judge, 3rd Court, Mymensingh, in Title Appeal No.77 of ......he suit land he filed an application under section 144 of the Code of Criminal Procedure and the proceedings was drawn under section 145 of the Code of Criminal Procedure and the defendant on getting notice of the case made an ante‑dated Bainanama showing the defendant No.10 as its executor and th......000 passed by the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
.....- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3‑1989 passed by the learned Subordinate Judge, Nawabganj in Miscellaneous Appeal No. 1......ontiguous land holder to the case land. On 17‑3‑1976 opposite party No. 2 transferred his 1/3rd interest covering 0.361/3rd acre of land to opposite party No. 1 without service of any co-sharer's notice upon him. The said kabala was registered on 18‑1‑1980. Opposite party No. 1 was a strange......It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land..Category: Property Law | Date: | Hits: 79
....ates-For the Opposite Parties.
Civil Revision No. 4430 of 2002.
Judgment
MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12......the Inspector of School, Board of Secondary and Higher Secondary Education, Dhaka. Chairman Board of Intermediate and Secondary Education, Dhaka and one Md. Ali Badsha for declaration that show cause notice issued by the Board namely, defendant No.1 asking the plaintiffs to show cause as to why the ...... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....ion No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 passed by the High Court Division in Writ Petition No.1376 of 2009) Orde...... the plaintiff, One Bank Limited (writ respondent No.3) filed an application under Order XXXVIII Rule 5 of the Code of Civil Procedure for attachment before judgment. On that application show cause notices were issued upon the defendants, and pending hearing, by an ad-interim order within order No......tition No. 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....urul Amin, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Appeal No. 260 of 2003. (From the judgment and order dated 10.7.2000 passed by the High Court Division in Civil Revision No. 414 of 1999.) Judgment ......sts the vagueness of the suit land. A person who sets up a false case should not, therefore, expect a Court of equity to grant him such relief. 10. There is another aspect which the learned Judges noticed and disbelieved the plaintiffs case. Though the plaintiffs claimed that they got possession ...... Sinha J. - This appeal by leave is directed against the judgment and order dated 10th July, 2000 of a Division Bench of the High Court Division in Civil Revision No.414 of 1999. 2. Facts relevant for disposal of the appeal are that the appellants (plaintiffs) instituted Title Suit No.45 of 199..Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....pellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Judgment ......rmaker made two confessional statements one on 7th December, 1987 which was recorded by Md. Abdur Nur (P.W.6) and other was recorded by Md. Fazlul Karim (P.W.7). The learned Additional Sessions Judge noticed that there are two versions in his confessional statements. In the first confessional statem......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....cate - For the Petitioner. Oziullah, Advocate - For the Opposite Party. Civil Revision No.1886 of 1996. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and decree dated 21-8-95 passed by the learned Senior Assistant Judge, Rajshahi Sadar in SCC Suit No.8 of 1992 ......d occupation of her son. Notice under section 106 of the Transfer of Property Act was sent to the defendant by registered post determining the tenancy. The defendant petitioner duly received the said notice on 11.11.91. 3. The defendant-petitioner contested the suit by filing written statement de......d that the building is a dilapidated one and the plaintiff intends to demolish the same and construct a new building on its site. Further case of the plaintiff is, that she requires the suit premises for the use and occupation of her son. Notice under section 106 of the Transfer of Property Act was ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
.... Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 1593 of 1991 Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and decree dated 1-9-90 passed by the learned Subordinate Judge, Dinajpur in Other Class Appeal No.127 of 1987 ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......enior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....ent No.1 was an employee of the petitioner company and worked as an office assistant. His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable......r directly or through a sub-contractor, by a person fulfilling a contract with (the railway) administration.” Sub-section (5) of section 1 provides that Government may, after giving three months’ notice by Gazette notification, extend the provisions of Act to any class of persons employed in any......E). 4. Thereafter, the respondent No.1 filed an application under section 15(2) of the Payment of Wages Act 1936 in the Third Labour Court, Dhaka claiming an amount of Taka 1,00,300.00 as gratuity for 20 years at the rate of two month’s wages for each completed year of service and Taka 11,340.0..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....nal Miscellaneous Case No. 4838 of 1996. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Feni and opposite party No.1 to show cause why the order dated 2-3-1996 passed by the learned Additional Sessions Judge, Feni in Criminal Revision No.15 of 1......Sessions Judge who can look into the legality or propriety of the order of acquittal. From the side of the petitioners no other Contrary decision of any Division of this Court has been brought to our notice. In section 439A of the Cr.P.C. it has been provided that the Sessions Judge may exercise all......onal Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd..Category: Criminal Law | Date: | Hits: 83
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....oque J.- This Rule was issued at the instance of the petitioner Md. Giasuddin, Chairman, the Eastern Co-operative Jute Society Ltd. calling upon the respondents to show cause as to why impugned order dated 22-3-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societies and ......mpugned order dated 22-3-92 stayed operation of resolution dated 24-2-1992 of the society. Being aggrieved by the same petitioner moved this Court and obtained the present Rule. 4. It appears from notice dated 26-1-1991 Annexure ‘A’ that date of election of the Managing Committee of the said ......o-operative Societies and Arbitrator in Dispute Case No. 3 of 1992 (Industry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that Arbitrato..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....t Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar, Sythet, in Election Tr......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......d is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar, Sythet, in Election Tribunal Case No.3 of 1992 allowing an application for re‑counting. 2. It is the case of the petitioner that he along with respondents Nos. 1‑5 ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....sion No. 269 of 1990. Judgment Muhammad Ansar Ali J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 14.9.89 passed by the Subordinate Judge, Chandpur, in Miscellaneous Appeal No.3 of 1989 revers......adam was a refugee from India and that the defendant No.2 started an orphanage house named Farajikandi Complex, but he in collusion with the Land Acquisition Officers and others without serving any notice upon the plaintiffs illegally proceeded with the acquisition of the schedule‑lands to make ......East Bengal Vs. Dewan A Ali, 9 DLR 26; Secretary of State Vs. Mask & Co (PC), 67 IA at page 222; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515. Lawyers Involved: Lutfor Rahman Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Pa..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....ivil Revision No.443 of 1986 (Rangpur) Civil Revision No.5012 of 1991 (Dhaka) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and decree dated 31.5.86 and 7.6.86 respectively passed in Other Appeal No.112 of 1985 by the Additional Distri......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......ge Rangpur affirming those dated 18.7.85 in Other Suit No.20 of 173 by Subordinate Judge, Rangpur. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interes..Category: Property Law | Date: | Hits: 74
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
.... of war between Pakistan and India in September, 1965 the opposite‑party became enemy citizen and no suit can be proceeded with at his instance by an application and the learned Munsif by his order dated 27.12.65 returned the plaint and the suit was withdrawn. Against that order the opposite party......nder section 52 of the Transfer of Property Act. He also contends that even if the opposite party No.1 is made plaintiff, the suit at his instance against the tenant can be proceeded with for want of notice under section 106 of the Transfer of Property Act. In this case although the opposite party N...... Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectm..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....1989 (Comilla) Criminal Appeal No. 654 of 1990 (Dhaka) Judgment Muhammad Ansar Ali J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 29.12.88 passed by the learned Sessions Judge and Ex‑officio Special Tribunal No.1, Chandpur......ng to any falsehood, though they were all relations except P.W.6. We have carefully scrutinised the evidence of these witnesses and we find no reason to disbelieve them. It also appears that there is noticeable corroboration of their evidence by P.W.6 Kalu Gazi who is absolutely an independent and d......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....udgment Mainur Reza Chowdhury J.- At the instance of the petitioner Md. Wahiduzzaman a Rule Nisi was issued in Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, ......rity. In the circumstances this Rule directed against Annexures 'D' and 'H' cannot be sustained. 14. We now take up Writ Petition No.110 of 1988 in which the Rule was directed against a show cause notice dated 1.3.88 served upon the petitioner. The impugned notice Annexure 'E' reads as follows: ...... three Rules were issued at the instance of the same petitioner Md. Wahiduzzaman against orders passed on behalf of Bangladesh Inland Water Transport Authority in a chain of connected events and therefore they are being disposed of by a single judgment. 5. In Writ Petition No.54 of 1988 Rule was ..Category: Employment/Service Law | Date: | Hits: 116
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