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Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....os.1‑3. Civil Revision No.388 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 21.5.86 passed by Mr. TIM Nurunnabi Chowdhury, Subordinate Judge, 1st Court, Dhaka reject......haka valuing the suit as Tk. 6,000/‑ only praying for a declaration of 16 annas right, title, interest and possession in the suit land described in the schedule. The defendant‑petitioner received notice of the suit, contested the same by filing a written statement and also contested a temporary ......une 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in resp..Category: Procedural Law | Date: | Hits: 92
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....cation under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have ......and adjourned the hearing of the case for affording an additional opportunity to the opposite party to defend himself, fixing 13.3.91 at 4‑15 PM for hearing. It appears from the postal receipt that notice has been duly sent to the opposite party by registered post in due course of business well in......n No. 461 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Majiruddin Ahmed (Advocate, Supreme Court) in this application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Counci..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....r who made a report on 21.1.90 pointing out that appeal was out of time by 6 days and so the memo of appeal was returned to the filing Assistant Attorney‑General (Civil) who received it on the same date and under such circumstances it was incumbent on the part of the petitioner to speedily prepare......appeal. What happened in that case is that the Munsif prior to his transfer to another station did not sign the decree but his successor signed it and in that process delay occurred which escaped the notice of the Govt. pleader. It is under this circumstances their Lordships held the circumstances t......and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the learned Chief Justice has re..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....096 of 1991 (Dhaka) Judgment Md. Badruzzaman J.- In this Rule, issued on an application under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the ear...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest of opposi..Category: Property Law | Date: | Hits: 76
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....ka, respondent No.2 the University of Dhaka, represented by its Registrar and respondent No.3 the Controller of Examinations, University of Dhaka to show cause why the impugned decision of punishment dated 28.11.89 (Annexure‑I) of the Syndicate of the University of Dhaka imposed upon the petitione......d writing of the petitioner and also took the admit card and the identity card of the petitioners saying that those will be returned after some days. Thereafter the petitioner received the show cause notice (Annexure‑E) dated 12.1.89 by post at his home address from respondent No.4 the Controller ......use why the impugned decision of punishment dated 28.11.89 (Annexure‑I) of the Syndicate of the University of Dhaka imposed upon the petitioner debarring him from appearing at BA (Pass) examination for 3 successive years in addition to the cancellation of the examination concerned as communicated ..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....d ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazilla Court Belkuchi in Miscellaneous C......sed in Miscellaneous Case No.32 of 1983 as expeditiously as possible, preferably within 2 (two) months from receipt of this order by re‑hearing the matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Ca......dure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 d..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....ury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, Chittagong, in Miscellaneous Appeal No.125 of 1983 reversing t....... Thereafter the opposite party pre‑emptor filed the pre‑emption case. 6. Opposite Party No.1 is a co‑sharer by inheritance, whereas the transferee opposite party is a stranger purchaser. No notice of the transfer was ever served on pre‑emptee petitioner. There is no impediment of law if ......hat the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said Tamizuddin his son Rahamatullah inherited the same and aforesaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who su..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....Judgment Md. Ruhul Amin J.- Defendant Nos.1-4 in Money Suit No.131 of 1987 of the Court of Subordinate Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-parties’ p......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-parties’ prayer for amendment of the plaint. 2. plaintiff-opposite-parties No.1 instituted Money Suit No.131 of 1..Category: Civil Law | Date: | Hits: 92
....r the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) shou...... the petitioners along with respondent Nos.3 to 12 are bound to restore the case land to respondent No.2. After the case was registered before the Upazila Revenue Officer as ML Case No.5 of 1984‑85 notices were issued upon the present petitioners and respondents No.3 to 21 and petitioner No.1 on r......o.2 as the petitioner earlier filed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President’s order No.88 of 1982 and President's order No.24 of 1972 for restoration of the mortgaged land comprising an area of .50 decimals before the Upazila Revenue ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....Gafur, Advocate-For the opposite party. Civil Revision No. 9802 of 1991. Judgment Kazi Ebadul Hoque J. - This rule at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3 of 199......ment from the suit premises on the ground that she is a defaulter in payment of rent since June, 1990 and, as such, plaintiff terminated the monthly tenancy of the defendant in the suit premises by a notice dated 12.2.91 and claimed that the suit premises is also bona fide required by the plaintiff ......le at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3 of 1991 dismissing the suit for ejectment. 2. Petitioner as Plaintiff filed the aforesaid Small Cause Court Suit against the ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....secretary in the Ministry of Law, Justice and Parliamentary Affairs of the Government of Bangladesh and the notification being Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the app......preme Court is necessary, a Gazette Notification posting a subordinate Judge as Senior Scale Section officer in the Ministry of Local Government, Rural development and Co‑operatives has come to our notice. The notification being Notification No.৩৯৬-৩ বিচার-৩/২ ডি-৯/৮......ng Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without com..Category: Employment/Service Law | Date: | Hits: 173
.... Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the respondent No. 28.
Civil Appeal No.118 of 1982.
(From the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chow......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......vil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the prayer for status quo. Civil Revision No.1110 of 1974 is pending in the High Court Division which arose out..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....al Hossain, Senior Advocate, H.R. Sharif Advocate with him instructed by Syed Sakwat Ali, Advocate-on-Record - For the respondent No.1. Civil Appeal No.107 of 1981. (From the Judgment and Order dated November 14, 1980 passed by the High Court Division in First Misc. Appeal No.163 of 1977 with ......der sub-section (2) shall, unless the Court considers it necessary to take any other evidence, ordinarily be disposed of on an affidavit. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applications, requiring th......Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ecord - For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment Chowdh...... of the case may justify including an order enhancing the assessment. The learned Judges did not at all consider whether there were materials to justify the application of section 34A. They failed to notice that power section 34A can be exercised only when it is found that assessment was erroneous a......f the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from 1st December, 1968 till 3..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....ur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Respondent Nos.5 & 6. Civil Appeal No.85 of 1981 Arising out of C.P.S.L.A. No.188 of 1981. On appeal from the judgment and order dated, 3-3-1981 passed by the High Court Division in Civil Revision No.1122 of 1977. Judgment ......sioner was appointed on 8.1.1975 to effect partition by metes and bounds. The pleader commissioner submitted his report to the Court on 27-5-1975 after holding proper enquiries after due service of notice on the Advocates of the respective parties. Thereafter the learned Munsif fixed 6.6.1975 fo......by the Special leave is directed against the judgment and order of the High Court Division in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29...Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....ions are seen to have been made: First, the Proclamation, Regulations and Orders made thereunder will prevail over any existing law, secondly, the Constitution of Bangladesh stands suspended from the date of the Proclamation, thirdly, all Acts, Ordinances, President's Orders, Proclamations, Rule......mme, or any development work; or (b) Being otherwise harmful to the public interest, the High Court Division shall not make an interim order unless the Attorney-General has been given reasonable notice of the application and he (or an advocate authorised by him in that behalf) has been given an......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....For the Respondents. Criminal Appeal No. 2707 of 1999. Judgment Obaidul Hassan J. - This appeal has been preferred by the appellants against the Judgment and Order of conviction and sentence dated 31st October, 1999 passed by the learned Judge, Special Tribunal No.4, Rajshahi in Special Tri......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......l Tribunal No.4, Rajshahi in Special Tribunal Case No.15/99 convicting the appellants under section 25B (2) of the Special Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 1 (one) year and 6 (six) months with a fine of Tk. 1,000/-, in default to suffer rigorous impris..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....ales Tax Officer was apparent from the records and a letter was issued on 25th August, 1962 proposing rectification of the assessment under section 30(1) of the said Act. The assessee on the same date stated that he had “no objection to the proposed rectification under section 30(1)”. 3.......tention of the assessee. Leave by this Court was granted to mine if the High Court Division has correctly interpreted section 28 of the Sales Tax Act and Section 54 of the Income Tax Act; and whether notice on one of the partners was sufficient notice to the petitioner firm. 6. A question, at th......t and Order passed by the Division Bench of the High Court Division to which a reference was made under section 17(1) of the Sales Tax Act by the Income Tax Appellate Tribunal. 2. Facts necessary for the disposal of the appeal are that the assessee is a firm which crushed Til Oil and the origina..Category: Fiscal/Taxation Law | Date: | Hits: 77
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 passed by the High Court Division in Writ Petition No.1706 of ...... of the said Tariff Item for renewal of agreement for year on payment of rent at the rate of lease agreement with payable dues. After receiving the said memo the petitioner served demand of justice notice upon the respondents on 10-3-2005 dispensing justice to it but received no reply. 3. The r......structed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants. Ex-Parte—the Respondents. Civil Appeal No. 218 of 2003. (From the Judgment and order dated 13-11-2001 passed by the High Court Division in Civil Revision No. 667 of 1993). Judgment ...... the ground that the defendant is a defaulter and also for reconstruction of the house. The defendants contested the suit, contending, inter alia, that they never defaulted in payment of rents, the notice under section 106 of the Transfer of Property Act is defective, that the plaintiff never co......- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry Vs. Hedayet Ullah, 31 DLR (AD) 183; AIR 1967 SC 389; Bombay Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002..Category: Tenancy Law | Date: | Hits: 210
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