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Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ing, inter alia, that he had no knowledge about the death until the receipt of the application for recording abatement. Both the applications were set down for hearing on 1st September, 1990. On that date the learned Subordinate Judge, after hearing the parties, allowed the application of the plaint......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......rty. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 1..Category: Civil Law | Date: | Hits: 93
....r the Respondents.
Writ Petition No.1215 of 1988.
Judgment
AM Mahmudur Rahman J.‑ By this Rule issued under Article 102 of our Constitution the petitioner asks us to declare that the order dated 15.6.1988 as contained in Memo. No. 6/ML & C/MEO/40‑3/Sha‑3/70, Annexure‑A, issued b......he demand which on contest failed on 20.8.87 on the ground that claim was not recoverable under the said Act, Annexure‑L. It is further alleged that having failed to realise the demand the impugned notice were issued. Prior to issuance of these notices the Managing Director of the petitioner compa......ondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documen..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....hern bank of river Karotoya. The Sub‑Inspector of Police of Pirgonj Police Station came, prepared the inquest report and sent the dead body for post‑mortem examination. Consequently UD Case No.26 dated 2.12.86 was registered. There was litigation between the informant's father and Kachan Ali. Th......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......riminal Appeal No.760 of 1991 (Dhaka) Judgment Habibur Rahman Khan J. - This is a reference under section 374 of the Code of Criminal Procedure by Mr. Md. Amirul Islam, Sessions Judge, Dinajpur for confirmation of the sentence of death of condemned prisoners 1. Taslimuddin alias Tasir, 2. Md. ..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
..... Civil Revsion No.2322 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated 2.9.90 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 32 of 1990 dec......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131....... in his pleading in suit. 2. Facts leading to this, in short, is that, MM Aziz as plaintiff filed a suit being Money Suit No.32 of 1990 in the court of the Subordinate Judge, 2nd Court, Chittagonj for realisation of Tk.11,44,254.00 against defendant‑petitioner namely M/s. A Elahee & Co repr..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
.... Judgment Siddiqur Rahman Miah J.- This Rule under section 11 of the Code of Code of Civil Procedure at the instance of defendants respondents-petitioners calls in question the judgment and decree dated 4-5-2008 passed by the learned District Judge, Brahmanbaria in Title Appeal No.61 of 2006 by w......(a) When he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject; (b) When he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the r......rt facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. T..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....evance notice as required under section 33 of Bangladesh Labour Law. Accordingly to section 33, the respondent No. 2 ought to have served grievance petition to the petitioners within 30 days from the date of cause of action but the respondent did not do so. 13. The extract of section 33 is quoted......st on the same day having ID No.179 and his total monthly salary was Taka 6,875 among which basic pay was of Taka 5,135 only and that for grudge he was verbally terminated on 10-10-2010 without prior notice. The complainant is entitled to get termination benefits of Taka 1,91,810 but he was not paid......calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of..Category: Labour and Industrial Law | Date: | Hits: 156
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....the Local Union Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009, the Director Health published advertisement inviting application for the competent candidate for the post of Health Assistant mentioning the requisite qualification as HSC or equivalent of...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......পত্র/০৯/২৫৩১৮ তারিখ ২১-০৬-২০০৯ issued by the Ministry of Health, Government of the People's Republic of Bangladesh, in appointing the Health Assistant for the Mativanga union of Nazirpur Upazilla, excluding the petitioner, being daughters of the Freed..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....ul Basel Majumder, Senior Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte— the Respondents. Criminal Appeal No.41 of 2003. (From the judgment and order dated 5-2-2002 passed by the High Court Division in Contempt Petition No.3 of 2001.) Judgment ...... 302 of 2000 for removal of the registered marks of the petitioner. The said company filed Title Suit No.30 of 2000 also wherein they also filed an application for injunction whereupon a show cause notice was issued upon the petitioner. Thereafter, the petitioner withdrew his rectification case ......001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2. The respondent No.1 Elders Limited filed Trade Mark Application No.1 of..Category: Intellectual Property Law | Date: | Hits: 270
....cle 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case N......bsent the Adalat can not dismiss the suit. In such a situation, the court is under a legal responsibility to consider the merit of the plaint and affidavit and also the documents filed.
44. It is noticeable that section 19(6) speaks of a situation where only the plaintiff is absent as reflected ......p;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... under section 302/34 of the Penal Code passed on 05.07.2005 in Druta Bichar Tribunal Case No.16 of 2005 arising out of G.R. No.170 of 2003 corresponding to Naldanga (Nator) Police Station Case No.03 dated 05.04.2003. Condemned-Prisoner Ashraf Ali, Ataur Rahman and Ashraf alias Raja have also prefer......n No.8 of the form reads as follows: “8. Brief statement of Magistrate’s reason for believing that the statement was voluntarily, made. [Note.- Any complaints of ill-treatment of injuries noticed on the accused or referred to by the accused should appear under paragraphs 6 and 7 but shou......Jail Appeal No.770 of 2005. Judgment M. Enayetur Rahim J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused Ashraf Ali son of late Abesh Ali, Ataur R..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....hrough the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 29 Rifle Battalion stated that on 19.3.92 he was posted at Kotbari Comilla. On that date getting secret information himself, Battalion Commander P.W.13 Major Istiaque Ahmed along with ......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... Comilla on 11.10.92 in Special Tribunal Case No.109 of 1991 convicting the accused appellants under section 25B(2) of the Special Powers Act, 1974 and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5,000.00 each, in default to suffer n0rois imprisonment for 2..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....ce of the plaintiff arises out of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs affirming the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejectin......provided that: "Except where an adjournment is granted with the consent of all parties concerned or where an adjournment is necessitated by the business of the Court or due to the insufficiency of notice, the party desiring an adjournment should be ordered to pay adjournment costs." 7. This in......j in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 ..Category: Procedural Law | Date: | Hits: 68
....eputy Commissioner appointed the Thana Revenue Officer 4.8.86 as trustee of "Hemondra Lal Databya Chikitshalaya” without any notice to appellant‑petitioner No.2 by an order under Memo No. 358(2) dated 20.1.81 passed under section 59 of the Trust Act, 1882. The appellant‑petitioner No. 2 lodge......d trustee and the respondent opposite party No.2 namely, the Additional Deputy Commissioner appointed the Thana Revenue Officer 4.8.86 as trustee of "Hemondra Lal Databya Chikitshalaya” without any notice to appellant‑petitioner No.2 by an order under Memo No. 358(2) dated 20.1.81 passed under ......i Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chaitra 1332 BS and registered on 19th August, 1926 for the purpose of establishment of a charitable Trust to be named "Hemendra Lal Homocopathic Databy..
Category: Trust/Waqf Law | Date: | Hits: 183
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....e-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.02.2010 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.......His full brother transferred the land under pre-emption by a registered kabala dated 9.10.2001 to the petitioner-opposite party No.1, a sharer in the tenancy by purchase without serving any statutory notice upon him. The pre-emptor came to his village home in the first part of Baishakh, 1410 B.S. an......e party as pre-emptor-applicant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....structed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003). ...... allowed the appeal and set aside the decision passed by the Administrative Tribunal. 9. We have considered the impugned decision and other papers on record. The Administrative Appellate Tribunal noticed that the petitioner filed an application/appeal to the higher authority on 23.02.1997 which ......C 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....enior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Appeal No. 31 of 2005. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Writ Petition No.2146 of 2003.) Judgme......t clearly fraud has been practiced, and since fraud vitiates everything, the claim of the writ petitioner is rendered totally baseless. The learned Counsel submits that such fraud could not have been noticed by the appellant until after production of the original documents exposing the forgery and i......ision Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr. A. K. M. Harun-or-Rashid (respondent No.1 herein) filed the Writ Petition No.2146 of 2003 before the High Court Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 is..Category: Employment/Service Law | Date: | Hits: 58
....For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990.
2. The ......e dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'.
3. While in possession of the fishery the review petitioner was served with a notice of summons of Title Suit No.12 of 1990 of the Court of Assistant Judge, Balaganj, Sylhet file.......
Subrata Chowdhury, Advocate ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....he Assistant Commissioner of Taxes preferred appeals before the Appellate Joint Commissioner of Taxes, B Range, Dhaka (West) Zone, Dhaka. The Appellate Joint Commissioner of Taxes found that the last date for hearing of the case was fixed on 27.6.1981 ad he stated “on examination of records all th...... B Range, Dhaka (West) Zone, Dhaka. The Appellate Joint Commissioner of Taxes found that the last date for hearing of the case was fixed on 27.6.1981 ad he stated “on examination of records all the notices including the last adjourned hearing notices were found properly served. Hence completion of......rence under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessme..Category: Fiscal/Taxation Law | Date: | Hits: 98
....and why they should not be directed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's ......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498....... Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without la..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....dvocate-on-Record- For the added Respondents. Civil Appeal No.45 of 2002. Judgment Syed Mahmud Hossain J. - This appeal by leave by defendant-appellant arises out of the judgment and decree dated 24th March, 1998 passed by a Division Bench of the High Court Division in First Appeal No.55 o......ahbubey Alam, learned Senior Advocate, appearing on behalf of the appellant, submits that the High Court Division on the face of the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and decree passed in the appeal being First Appeal No.40 of 19......The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ..Category: Property Law | Date: | Hits: 116
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