Judgment search - Chancery Law Chronicles

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Administrative Officer, Housing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....he purpose of promulgation of the Act was for acquisition of property by the Housing Authority and to lease out the property to the distressed people for their rehabilitation. Referring to the case law of Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, reporte...... Present: Shahidul Islam J Md. Rais Uddin J Administrative Officer, Housing Settlement, Chittagong & others……………….Defendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. Result: The appeal is allow...... such, they have got the preferential right to get the plot's from the defendants. Initially the plaintiff made a claim for getting lease at the rate of Taka 3 Lakh per bigha and thereafter by an order of the Court said valuation was enhanced at the rate of Taka 6 Lakh per bigha. With these aver..

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....ed in 14 BLC 66 wherein their Lordships have held as under: "Moreover, it appears that against 4 dishonoured cheques the accused petitioner made a single complaint which is not permissible under law. Law speaks one cheque will give rise to one case." 7. We find that the question as to whethe...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: ......posite Party No.2. Criminal Revision No.592 of 2008. Judgment JBM Hassan J. - This Rule was issued, on a revisional application, calling upon the opposite parties to show cause as to why the order dated 28-2-2008 passed by the learned Additional Sessions Judge, (in charge) 2nd Court, Cox's ..

Category: Procedural Law | Date: | Hits: 114

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: ......cted to restore vacant possession of the petitioner's property being 5 Bagmar Road, PS Kotwali, Mymensingh also known as 5 Medical Gate Road PS Kotwali, Mymensingh in compliance with the judgment and order dated 10‑1‑1998 in case No.1019 of 1992 (Ka‑9, Mymensingh) against Serial No.9 at 9762(7..

Category: Property Law | Date: | Hits: 106

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

....id down under Order XXI, rule 32(5) of the Code of Civil Procedure and the learned Additional District Judge without considering the said aspect upheld the said order and as such committed error of law in arriving its decision. He further submits that by filing application the judgment-debtors int...... once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......etitioners. Farida Khan, Advocate - For Opposite Parties. Civil Revision No. 3797 of 2004. Judgment Enayetur Rahim J.- The judgment-debtors obtained the present Rule from a judgment and order dated 13-6-2004 passed by the learned Additional District Judge, 1st Court, Chittagong in Civi..

Category: Civil Law | Date: | Hits: 166

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......or the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal ......he State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal No.2..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....r advert to the finings arrived at by the trial Court nor did he consider the evidence adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has resulted in an error in the decision occasion...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Ganendra Nath Mondal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: ......ar, Satkhira where witnesses from each sides were examined in support of their respective cases before the trial Court and upon conclusion of the trial the learned Assistant Judge by his judgment and order dated 15-4-1997 dismissed the Miscellaneous Case No.59 of 1993, thereafter the pre-emptors as ..

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....n the said case pre-emptees resisted the pre‑emption on the ground that the kabala by which the pre-emptee co-sharers, Messem and Yusuf, acquired interest in the holding was void and inoperative in law, inasmuch as, the registration of said kabala was effected in a sub-registry office which had ......��…………………………………………………………..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1......Advocate—For the Opposite Party. Civil Revision No.236 of 1996. Judgment Md. Abdur Razzaque J.-This Rule at the instance of the pre‑emptor petitioner is directed against the Judgment and order dated 16‑10‑1995 passed by the learned Additional District Judge, 3rd Court, Chittagong in..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of......ourt concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code springing out of Pre‑emption ..

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....bitrarily and malafide and that can be scrutinised by this court in its power under Article 102 of the Constitution. 17. Article 27 of the Bangladesh Constitution postulates equality before the law providing that all citizens are equal before law and are entitled to equal protection of law. W......sent: MA Aziz J Md. Shamsul Huq J Al-Amin Construction Co. Ltd..........................................................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………Respondents Judgment May 10, 2001. Result: The Rule is dispo......eted construction of many bridges. At the moment it is engaged in constructing Moheshkhali Bridge, Dharla Bridge, Bancharampur Bridge and the construction of superstructure of Daratana Bridge. Work orders for the above works have been issued on 10‑2‑2000, 15‑2-2000, 14‑11‑1999 and 7-6-..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....ondent Nos.2 and 3 are the present directors of the Company. 3. Respondent No.2 is the husband of petitioner No.1 and father of the rest petitioners except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being...... This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......and business were very satisfactory and it is a profitable concern, respondent No.2 misappropriated the entire profit of the company and submitted false accounts and balance‑sheet of the company in order to hide the profit and deprive the petitioners of their due shares of the profit. 4. The..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....hall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into c......Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: ......satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Sec..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the writ petitions ar......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......ent the petitioner along with others was recruited to the Bangladesh Civil Service Trade Cadre following his outstanding results in the 11th BCS examination in which this petitioner came first in the order of merit. This notification dated 16th February, 1993 is Annexure-A(1). The petitioner joined ..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....58 of the said Ordinance. Within 60 days from the date of receipt of the order of the Appellate Tribunal the assessee or the Commissioner of Taxes may refer to the High Court Division any question of law arising out of such order. Mr. Delwar Hossin submits that under section 153(3) of the said Ordin......R (SC) 200, Lt. Col.; Nawabzada Muhammad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568; Re Lala Lachhtnan Dass Nayar and others, 22 I.T.R. 418; Abdur Rahim Chowdhury Vs. Excess Profits Tax Officer, Companies Circle-I,......pended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zo..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......tioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Da......es regarding delay in supplying N.O.C. Visas. The complainant in good faith believed the statements of the accused. The complainant returned to Bangladesh in 1980 and met the accused who said that in order to meet the official anomalies it would not be possible to procure the N.O.C., Visa and (work)..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....the present Rule. 6. Mr. A. K. Chowdhury, the learned Advocate for the petitioners, submits that the order accepting Commissioners report is not appealable under Order 43, C.P.C or under any other law and the learned Subordinate Judge has therefore erred in rejecting the petitioners' application ......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ......ta, Advocate - For the Opposite Party No.1. Civil Revision No. 312 of 1985 Judgment Nurul Huque Bhuiyan J.- This rule under section 115 of the Code of Civil Procedure is directed against the order dated 15.05.1985 passed by the learned Subordinate Judge, 1st Court, Comilla, in Title Suit ..

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the People's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

.... the order of appointment of the receiver was made arbitrarily without affording any opportunity of hearing to the original plaintiff and as such the orders of the Courts below are not sustainable in law. 5. Mr. Humayun Habibur Rasul, the learned Advocate appearing for the added defendant opposit......his Case is also Reported in: 39 DLR (HCD) (1987) 19. ......asul, Advocate-For the Opposite Parties. Civil Revision No. 58 of 1986. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 22.09.1985 passed by the learned Additional District Judge, Noakhali, in Miscellaneous..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....oint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser respondent would have no alternative but to take shelter of the Court under the existing law. The seller appellants received the said notice on 6-8-2002 but did not comply with the same. ......eported in: 63 DLR (HCD) (2011) 432. ......ed District Judge, each party submitted list containing 3 names for appointment of Arbitrator. However, upon hearing the parties and on perusal of all the documents the learned District Judge, by his order dated 6-3-2003 appointed Mr. AFM Mesbahuddin as Arbitrator to enter into the reference and arb..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)

....sh. Article 108 of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The H...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chowdhury and others ................................Opposite‑parties Judgment March 29, 1992. ...... of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The High Court Divis..

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....cretary, Ministry of Home Affairs, Government of Bangladesh on 25.3.92 purported to have been made under the Special Powers Act. 2. In the application, it has been stated that the detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one o......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen......r Rahman Khan J.- This application under section 491 CrPC having been filed a Rule was obtained by Pearu Md. Ferdous Alam Khan, the brother of the detenu Serajul Alam Khan who has been detained by an order of the respondent No.1 signed by the respondent No.2 Assistant Secretary, Ministry of Home Aff..

Category: Criminal Law | Date: | Hits: 156

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....210 of 1981 for default will not create any bar to file this present Suit No.188 of 1982. The Munsif also found that in the present suit there is a new cam of action and the suit is not barred by any law. Rule 11 of Order 7 provides as follows: "11. The plaint shall be rejected in the followin...... .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advoca...... Hajee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR ..

Category: Civil Law | Date: | Hits: 166

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