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Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....r Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory......Therefore the failure of compliance with the mandate of section 37 of the Ain will not invalidate the execution case. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 37 Show cause notice under Order XXI rule 37 the Code of Civil Procedure is not necessary before issuance of warra......Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it does not provide any consequence in case of failing to conclude the case within such time. Therefore the failure of compliance with the mandate of section 37 of the Ain will not invalidate the exe..Category: Civil Law | Date: | Hits: 84
....No.1560 of 1991.
Judgment
Quazi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.12.90 issued under the signature of the respondent No.1 and the impugned proceeding pursuan....... 1 to 3 filed affidavit‑in‑opposition denying the allegations made in the petitions on material particulars.
2. The petitioners case in both the Rules, in short, is that they were served with notices dated 20.10.1990 directing them to submit written statement by way of show cause in their re......oth the Rules, in short, is that they were served with notices dated 20.10.1990 directing them to submit written statement by way of show cause in their respective own handwriting to respondent No. 2 for the alleged offences of depositing answer script papers written from outside the examination hal..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....inst the present opposite parties as defendants for specific performance of contract of the suit land by way of reconveyance. The learned Munsif decreed the suit on contest by his judgment and decree dated 30.4.77 and 9.5.77 respectively. On appeal filed by the Present opposite party who was the def......pposite party in Revision Case No.1181 of 1980) contended that he being the opposite party in the Revision Case could not appear or could not be represented by any Advocate and he did not receive any notice of the revision case as the notice was fraudulently suppressed and there was also misrepresen......r. Abdul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.1181 of 1980. Judgment Habibur Rahman Khan J.- This is an application under section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by th..Category: Property Law | Date: | Hits: 90
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....dinance), pending in the Second Labour Court, Dhaka, should not be quashed and/or such other or further order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts fou......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......r order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts found for disposal of the Rule are that the opposite party No.1 Md. Ali Hosein as complainant filed the a..Category: Labour and Industrial Law | Date: | Hits: 147
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....as Other Class Suit No.56 of 1983 which is evident from Annexure-E. 3. The Government submitted written statement in the said suit and the said suit was decreed ex parte by the judgment and decree dated 26-7-1984 which is evident from Annexures-C and D. 4. Thereafter said Md. Khairul Huda, tra......an in the name of Md. Khairul Huda which is evident from Annexure A. Thereafter the petitioner made a prayer before the ADC Revenue for accepting rent from them but in vain and, as such, by serving a notice demanding justice the petitioners requested the respondent for receiving rent from them but w......respondents as to why they should not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot N..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....er, left for India in the year 1952 and died there in the year 1954 and on his death they have inherited his share. 4. The aforesaid two suits were heard analogously and by the judgment and decree dated 31-8-1987, the learned Subordinate Judge dismissed the Suit No.138 of 1985 filed by the petiti......rovision of law in respect of transfer and withdrawal of Suit and appeal which is envisaged in section 24 of the Code of Civil Procedure: "24.(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion wit......udgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before this court is also arises out of title suit No.96 of 1984 in the court of Munsif, Manikgonj. ..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....Prodhan and Hasan Mohammed Reyad, Advocates - For the Petitioner. Md. Khurshid Alam Khan, Advocate-For Respondent No. 3. Writ Petition No.189 of 2010. Judgment Md. Imman Ali J. - A notice dated 30-12-2009 was issued by the Deputy Director, Anti-Corruption Commission, Integrated District ...... Rajib Prodhan and Hasan Mohammed Reyad, Advocates - For the Petitioner. Md. Khurshid Alam Khan, Advocate-For Respondent No. 3. Writ Petition No.189 of 2010. Judgment Md. Imman Ali J. - A notice dated 30-12-2009 was issued by the Deputy Director, Anti-Corruption Commission, Integrated Di...... source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner was the Kanango of Land Acquisition Dep..Category: Anti-Corruption Laws | Date: | Hits: 154
....40. Subsequently, the landlord settled the lands of these two CS Khatians with Rahmat Banu on 23.3.43. Later on the petitioner purchased the entire lands from Rahmat Banu by a registered deed of sale dated 24.3.78.
4. The case of the contesting respondent Nos. 3 to 21 is that the landlord neither......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......two CS Khatians were recorded in the name of the tenant Sharafatullah under the landlord Bhowal Raj Estate.
3. Petitioners' case is that the said landlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the decree in execution and auction purcha..
Category: Property Law | Date: | Hits: 125
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....€‘ For the Opposite Parties. Civil Revision No.1027 of 1982. Judgment Kazi Ebadul Hoque J.- This Rule issued on 4.6.82 is at the instance of the plaintiff challenging the judgment and decree dated 24.2.82 passed by the Subordinate Judge, 1st Court, Patiya in Other Appeal No.3 of 1980 revers......he learned Advocate appearing for the petitioners, submitted that the Court of appeal below was wholly wrong in reversing the judgment and decree of the trial Court. He submitted that the trial Court noticed that the defendant did not take any step to examine the alleged signature of the plaintiff N......er Appeal No.3 of 1980 reversing the judgment and decree passed by the Munsif, 4th Court, Patiya in Other Suit No.17 of 1975. 2. The plaintiffs filed Other Suit No.17 of 1975 against the defendant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 s..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
.... 1984 before the Court of Sessions, Kishoreganj and the informant's party were the accused in those Sessions Cases. It is also admitted that they had no litigation with the accused party prior to the date of occurrence. 8. The defence case as it appears from the trend of cross‑examination of th......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....the tune of Tk. 2 lacs. Just after the occurrence the Supervisor of the said Cold Storage gave an information to the Officer‑in‑charge of Tangibari Police station which was recorded as GDE No.589 dated 23.4.83. A certified copy of the said GDE has been annexed to the petition and marked as Annex......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......is Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pending hearing of the Rule. 2. Facts in short as stated in the application for quashing are as follows: That the accused petitioner is one of the permanent directors and is..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
.... the Appellant. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Md. Sajadul Huq, Advocate-on-Record- For Respondent No. 2. Civil Appeal No. 03 of 2004. (From the judgment and order dated the 20th day of April, 2003 passed by the High Court Division in Criminal Appeal No.125 of 199......hereafter, did neither taken her back nor did take care of her but on 13.03.1988 married another lady without taking previous permission of the complainant-respondent No.1 and also without giving any notice to the Chairman of the Union Council and the accused-appellant also did not divorce the comÂ......ision in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer imprisÂonment for ..Category: Family Law | Date: | Hits: 185
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....t. Zahirul Huq, Advocate instructed by Saidur Rahman, Advocate-on-Record-For the Respondent. Not represented- Respondent No. 2. Civil Appeal No. 304 of 2002. (From the judgment and order dated the 23rd day of August, 2001 passed by the High Court Division in First Appeal No.115 of 1999)......ly, on 20.10.1997 defendant received another sum of TK. 20,000.00; that the defendant did not take step for executing and regisÂtering the sale deed in favour of the plainÂtiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defenÂd......l No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defenÂdant's property for TK. 14,00,000.00 out of which the defendant received TK. ..Category: Property Law | Date: | Hits: 112
....ain, QC Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No.2.
Not represented- Respondent No.1.
Civil Appeal No.115 of 2008.
(From the judgment and order dated the 21st day of August, 2007 passed by the High Court Division in Writ Petition No.7108 of 200......osed on 2,03,509 shares in the market and thereby breached its obligations under Clause 4 of the buy-back agreement to sell the entire shares to the appellant No.1's sponsors. Accordingly, by a legal notice dated 23rd November, 2006, the appellant No.1 rescinded the buy-back agreement dated 9th Octo......rt, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement wh..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....olera Gobeshanagar Karmachari Union submitted a charter of demand on 9.4.73 and the Government referred the matter to the Labour Court u/s 32 of the Industrial Relations Ordinance, 1969. By its order dated 8.11.73 the Labour Court dismissed the reference as the same was not maintainable vide Annexur......urpose of carrying on any 'industry'. Now what does 'industry' means. Clause‑XIV provides, 'industry' means any business, trade, manufacture, calling, services, employment or occupation. It will be noticed at once that this expression 'industry' is used as 'catalytic agent for governing the relati......Court u/s 32 of the Industrial Relations Ordinance, 1969. By its order dated 8.11.73 the Labour Court dismissed the reference as the same was not maintainable vide Annexure‑B. An appeal was filed before the Appellate Tribunal which reversed the decision of the Labour Court on the point of maintain..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....Mondal and Madhu Mondal surrendered the holding in favour of the landlord and Madhu Mondal and Takim Mondal took fresh lease of the suit lands at Tk. 22 1/2, each by executing two different kabuliats dated 17.2.40 Vide Ext. 1 and 1 (a) in favour of the landlords. They possessed the land accordingly....... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......ditional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in ..Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....1984, before the Court of Sessions, Kishoreganj and the informant's party were the accused in those sessions cases. It is also admitted that they had no litigation with the accused party prior to the date of occurrence. 8. The defence case, as it appears from the trend of cross‑examination of t...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found..Category: Criminal Law | Date: | Hits: 68
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
.... Syed Moazzem Hossain, Advocate ‑ For the Respondent No. 3. Appeal from Original Decree No. 25 of 1987. Judgment Kazi Ebadul Hoque J. - This appeal is directed against judgment and order dated 21.7.87 passed by the 1st Commercial Court and Subordinate Judge, Chittagong in Other Suit No.......endant Bank as monthly tenant; that the plaintiffs came to know on 12.1.86 that the defendant No. 1, Rupali Bank obtained an ex parte decree on 16.1.86 in Mortgage Suit No. 32 of 1974 without serving notice upon the defendants of that suit; that the plaintiffs were not impleaded as defendants in tha......r Suit No. 32 of 1986 rejecting the plaint. 2. The plaintiff appellants filed Other Suit No. 32 of 1986 in the said Court against the principal defendant respondent No. 1, Rupali Bank and other proforma respondents for declaring the ex‑parte preliminary decree dated 16.1.1986 and final decree d..Category: Procedural Law | Date: | Hits: 67
....d 112 of 1982.
Judgment
Kazi Ebadul Hoque J. - These two rules were issued on 18.1.82 at the instance of the plaintiff petitioner Bangla Jalpari Lines (Pvt.) Ltd. against the judgment and order dated 27.11.81 passed by Mr. MA Rashid Subordinate Judge, 3rd Court, Chittagong in Miscellaneous Cas......simple reason that the charter is a voyage charter only."
8. Mr. Mustafa Niaz Muhammad, the learned Advocate appearing for the petitioner in both the cases submitted that the Court below failed to notice and consider that the petitioner in Miscellaneous Case No. 59 of 1981 i.e. M/s Continental Gr......ir local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both the cases were under Order 38, rule 8 of the Code of Civil Procedure for releasing the bank guarantee furnished in the case for releasing the said vessel from the order ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
....ormed the Court that the impugned Ordinance Annexure 'E' to the petition being Ordinance No. XXXIII of 1991 has already been repeated by the Government and in support thereof the Gazette Notification dated 3rd October, 1991 was produced before the Court. In view of the changed situation Mr. Amirul I......ght and conscience of the citizen is guaranteed. In the midst of hearing another application a supplementary affidavit has been filed on behalf of the petitioners on 6th October, 1991 challenging the notice issued under signature of an officer of Election Commission for sitting of the members of the......d Azad MP and 6 others have challenged the legislation, namely Act 27 of 1991 (President Election Act of 1991) and the amendment thereof by Ordinance No. XXXIII of 1991 passed on 28.9.1991 and prayed for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of..
Category: Constitutional Law | Date: | Hits: 229
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