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Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... J.- This Rule arises out of an application under Article 102 (2)(a) (ii) of the Constitution of the People's Republic of Bangladesh and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Depart...... Dhaka to the petitioner company. 2. It is the case of the petitioner Agragami Engineer Ltd. that the said engineering firm is a reputed firm of Engineers and registered as a limited company. By a notice dated 30th September, 1988 respondent No.2 the General Manager of Bangladesh Bank invited app....../7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bangladesh Bank Building at Motijheel Dhaka to the petitioner..Category: Others | Date: | Hits: 123
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....te, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 2. (In both the cases). Criminal Petition for Leave to Appeal Nos. 478-479 of 2010. (From the Judgment and Order dated 6-5-2010 passed by the High Court Division in Criminal Miscellaneous Case Nos.8462 and 8463 of......, Bangshal Branch in favour of the respondent No. 2 which was presented by the drawee for encashment but the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the money but ......”For the Petitioner (In both the cases). Mahbubur Rahman, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 2. (In both the cases). Criminal Petition for Leave to Appeal Nos. 478-479 of 2010. (From the Judgment and Order dated 6-5-2010 passed by t..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....cord—For Respondent the No.1. Sufia Khatun, Advocate-on-Record—For the Respondent No.4 Not Represented—Respondent Nos. 2-3. Civil Appeal No.14 of 2010. (From the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgment ......ith those financial organizations for repayment the long term loan before the execution of the agreement. The High Court Division based its decision relying upon the Letter of Intent but it failed to notice that it was clearly mentioned therein that besides the price quoted by the writ petitioner, h......of Denmark sanctioned a grant to the GovernÂment of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Bangladesh Sugar and Food Industries Corporation for the above Mills, which is equivalent of Taka 15, 34, 45,000, has been described as long term loa..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the High Court Division in Civil Revision No. 4954 of 2003). Judgment ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......—For the Petitioner. Abdul Quayinn, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the H..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....Bangladeshi Shareholders in issuing shares except shares held by public sector enterprise as on 27th March, 1972 of the erstwhile Eastern Banking Corporation Ltd. 4. Uttara Bank Ltd. by its letter dated 8‑3‑84 informed Mr. S. Khurshed Anwar that he was entitled to get 4845 ordinary shares by ...... the petitioner on several occasions met the officers of the respondents and requested them to consider his prayer but ultimately he was unsuccessful. Finding no other way the petitioner served legal notice upon the respondent No. 1 requesting it to get his name entered in the share register in resp......Petitioner. M Nurullah with M Shafiullah, Advocates- For the Respondents. Matter No. 5 of 1988. Judgment Md. Mozammel Hoque J. - This an application under section 38 of the Companies Act for rectification of share register of Uttara Bank Ltd. (previously Eastern Banking Corporation Ltd...Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... Naimuddin Ahmed J. - In this Writ Petition arising out of an application under Article 102 of the Constitution an order passed by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the......nment of the People's Republic of Bangladesh, claiming title and possession in these lands. The respondent No. 1 asked the Deputy Lands Reforms Commissioner to hold an enquiry and submit a report. No notice of any such enquiry was served on the petitioner and others and it was reported that the Depu......ed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judgment March 22, 1990. Lawye..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....r section 5 of the Limitation Act, 1908 is for condonation of delay in filing criminal Appeal No. 486 of 1989 under section 30 of the Special Powers Act; 1974 from an order of conviction and sentence dated 21.1.1989 passed by the Special Tribunal No. 2, Narayanganj convicting and sentencing the peti......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209....... ‑ For the Appellants. Not represented- the Respondent. Criminal Appeal No. 486 of 1989. Judgment AM Mahmudur Rahman J. - This application under section 5 of the Limitation Act, 1908 is for condonation of delay in filing criminal Appeal No. 486 of 1989 under section 30 of the Special P..Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
...., Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dated 24.11.48 is void and for recovery of tins or their respective price. The suit was originally d......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......is Rule at the instance of some of the judgment‑debtors is directed against an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code of Civil Procedure for restoration of an objection under section 47 of the said Code. 2. The facts which gave rise t..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
.... ‑ For the Respondent No. 1. Appeal from Original Decree No. 222 of 1974. Judgment Nurul Haque Bhuiyan J. - This appeal by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 ......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......ppeal by added defendant No. 3 is directed against the judgment and decree dated 8.2.74 passed by the learned Subordinate Judge, 1st Court, Sylhet in Money Suit No. 3 of 1969 and arises out of a suit for realisation of Tk. 19050.12 paisa with interest at the rate of 9% till realisation. 2. The pl..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....the Opposite Party. Civil Revision No. 225 of 1990. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the petitioners (Defendant Nos. 7 and 8) is directed against 2 orders dated 12.10.89 and 6.1.90 respectively passed by the learned Subordinate Judge, 1st Court, Dhaka in ......elevant provisions of law, only by referring to an earlier Order No. 58 dated 25.6.88 and Order No. 97 dated 12.10,89 rejected the application dated 2.11.89 of the defendant‑ petitioners. It may be noticed from annexure B to the petition that the summons earlier issued upon the witnesses cited by .......Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal, Advocate ‑ For the Opposite Party. Civil Revision No. 225 of 1990. Judgme..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....rty No. 1, as plaintiff, brought Title Suit No. 225 of 1985 in the First Court of Munsif, now Assistant Judge, Barisal seeking, inter alia, a declaration that the order of termination of his services dated 17.9.81 was void, illegal, mala fide and without jurisdiction and that he was very much in ser......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......inter alia, that the suit was barred under sections 19 and 25(b) of the Employment of Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of relief exclusively tria..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....cate ‑ For the Respondents. Writ Petition No. 524 of 1989. Judgment Kazi Ebadull Hoque J. - Rule Nisi was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have been pa......n, Advocate ‑ For the Respondents. Writ Petition No. 524 of 1989. Judgment Kazi Ebadull Hoque J. - Rule Nisi was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dated 18.5.1989 (Annexure‑D) issued by the respondent No. 2 should not be declared to have ......1989 from the respondent No. 2 to show cause within 7 days why his tin shed structures of 488 Purba Monipuripara should not be demolished as the same was constructed without obtaining sanctioned plan for the same. The petitioner submitted a reply to that notice on 18.5.1989 stating that the said tin..Category: Property Law | Date: | Hits: 77
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....asan J.- This rule was issued calling upon the opposite party No.1 to show cause why the order passed on 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.181 of 1977, affirming the order dated 18.3.77 of the Munsif, Second Court, Sylhet, in Misc. Case No.148 of 73, allowing an applicati......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......n 26.10.79 by the Subordinate Judge, Sylhet, in Misc. Appeal No.181 of 1977, affirming the order dated 18.3.77 of the Munsif, Second Court, Sylhet, in Misc. Case No.148 of 73, allowing an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, should not be set aside..Category: Property Law | Date: | Hits: 72
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
..... Matiur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1691 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule is directed against the judgment and order dated 12.8.90 passed by the learned District Judge, Comilla in Election Tribunal Appeal No.2 of 1989......everal centres there was no fair election and secondly, that the opening of the new polling station at Khanebari Government Primary School was violative of the Election Laws for want of clear 15 days notices. 6. On appeal the learned District Judge reversed the decision in part, upheld the order ......r of votes i.e. 5896 votes. After the publication of the result in the Bangladesh Gazette on 20.5.88 Opposite Party No.1 presented an election petition marked as Election Tribunal Case No.3 of 1988 before the Election Tribunal (Assistant Judge) Daudkandi Upazila praying for declarations, inter alia,..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No........ and arguments heard on 29.10.91 and judgment pronounced on 2.11.91. Thus, it is clear that the prosecution tried its level best to produce the seizure list witnesses but failed in the circumstances noticed above. For such non‑examination of the prosecution witnesses no adverse inference can be d...... the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years. 2. Prosecution case as made out by the informant P.W.1 Md. Abed Ali, SI of Police, ..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......ted amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 of 1991. 2. During pendency of the Reference Application the respondent/opposite party sent a notice to the assessee demanding payment of tax amounting to Tk. 2,43,51,853.00. This amount is said......d: Rafiqul Huq, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referr..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....vash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the High Court Division in Criminal Miscellaneous Case No.17892 of 2010). ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....2. In the said petition it has been stated that on 29.1.99 the District Magistrate, Satkhira passed an order of detention under section 3(2) of the Special Powers Act by his Memo. No. Ja/M/157(Jukta) dated 19.1.89 detaining the detenu for a period of 30 days with a view to preventing him from commit......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......he detention of his teacher and next friend Ratan Singh and a Rule Nisi was issued on 18.4.90 to show cause as to why the said detenu now being detained in Satkhira Sub‑Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a..Category: Constitutional Law | Date: | Hits: 172
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....l Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6469 of 2...... said inspection team that M/S DAJI Steel Tower Manufacturing Co. Ltd. China would be the supplier of the steel tower for all three packages at the instance of the respondent No.1. Thereafter a final notice dated 16.09.2008 was served upon the present respondent No.1 asking him to show cause as to w......olved: Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leav..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... No. 805 of 1987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the petitioners calling upon the opposite parties No. 1 to 4 to show cause as to why the Order No. 47 dated 20.9.86 passed by the learned Munsif, Bhaluka in OC Suit No. 180 of 1995 should not be set asi...... said Court. To determine the question the provision of section 24 of the Civil Procedure Code may be looked into. The section provides: "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...... 2. Short facts leading to the rule are: The petitioners as plaintiffs instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the ..Category: Procedural Law | Date: | Hits: 102
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