Search Options
Judgment Advanced Search
Displaying 3121-3140 of 5707 results.
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....oard decision respondent No.8 was made responsive. It is further argued by them that the writ petition is non-maintainable as the contract was not fully concluded. 9. Affidavit-in-Opposition has also been filed by respondent No.9 namely, China Harbour Engineering Co which was also found to be res......ecision violating the terms and conditions of the tender document. 28. Clause 26.3 has provided that subject to Clause 29, no Bid shall be modified and Clause 29.1 provides that explanation may be called for by the authority. Under the provision of Clause 29.1 the bidder cannot give a suo motu in...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five Constituencies including the aforesaid Constituency and also 27 Constituency, Kurigram 3 and he was elected from alit five Constituencies in the Jatiya Sangsh......whether the offence involves his moral turpitude or not comes up for a decision, because if it does, the concerned member shall be disqualified to continue as such member. This question whether it is called a controversy or a dispute, must be determined by the Election Commission as provided in Clau...... opposes this contention and submits that the disqualification contemplated under Article 66(2)(d) of the Constitution operates on or from the date when the conviction and sentence were passed by the trial Court in Janata Tower case in June, 1993, According to the learned Counsel to allow disqualifi...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequently and th...... Fazlul Hoque Chowdhury, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-9...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Abdul Mannan Sarker (Md.)…………Petitioner Vs. State and others………..Opposite Parties. Judgment January 25, 2001. Lawyers Involved: Sk A..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....reemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 95,000. To substantiate his claim, certified copies of 4 contemporaneous Kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the Court of Senior ......s not committed any error in rejecting the application of the petitioner. In the result, this Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563....... would not have the pecuniary jurisdiction to hear the preemption application. The application was seriously opposed by the preemptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court ......d in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... PS Case No.3 dated 7-3-89 and GR No.10 of 1989) convicting the appellant and three others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were put to trial before the ab......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ee others under section 302 read with section 34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The appellant along with eight other accused were put to trial before the above Sessions Judge for murder of his father Azitullah. All the accused were joint......ot represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....˜Ka’ property. During pendency of the suit said Md. Jalaluddin died and his heirs have been substituted in the suit and they were brought on record. Ultimately, the suit was decreed on the basis of solenama filed in the Court on 3 1-10- 1996 between the plaintiff and the heirs of Md. Jalaluddin, P......s of such disfiguring with corrections, ‘Kha’ schedule property has been included in the writ of delivery of possession. 8. Since there are allegations of interpolation of the solenama, I have called for the record and perused the same. 9. In the record I find a photo copy of the agreement......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....the institution of the suit, the plaintiff petitioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsangonj Hat with any other person and also from interfering in any way of its possession and management of the said hat till the d......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......er a suit is maintainable or not. But at the same time, the Court should see that the plaintiff has been able to satisfy the Court that he has a good prima facie arguable case to be considered at the trial. If it is shown that the reliefs sought for in the suit is without jurisdiction on the face of......ed in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....dent of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single largest party in the Parliament stating that the decision of the party also had the approval and support of respondent No.5, Hossain Mohammed Ershad, who was then in jail, v......riat to the Election Commission by impugned Memo dated 28-3-2000, Annexure-B, for determination of the dispute. The Election Commission, thereafter, by the impugned Memo, dated 29-3-2000, Annexure-A, called upon the petitioner to submit his statements in this regard to the Election Commissioner for ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... of 1998. Judgment NK Chakravartty J.- This Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated ......e plaintiff and contended, inter alia, that he never executed the bainapatra and plaintiff by way of fraud and forgery created ha same. He has also denied the receipt of consideration money of the so-called bainapatra of handed over any possession of the suit with intent to sell to the plaintiff. Th......Rule at the instance of defendant-appellant-petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on 2nd July,......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e learned Magistrate held that previously in respect of the same occurrence several investigations were held and different Investigating Officers submitted different reports. The learned Magistrate also considered that the case was a complicated one and further investigation was necessary. On such a......ioner Fazlul Haque Choudhury, Assistant Attorney- General -For the Opposite Party. Criminal Revisional Case No.756 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bag......of Session, he shall (a) send the case to the Court of Session; (b) subject to the provision of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the records of the case and the documents and articles, if any whic......By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bagerhat in OR No.123 of 1994 arising out of Mongla PS Case No.4(9)94 and the order dated 7-8-2000 passed by the learned Additional Sessions Judge, Bagerhat in Criminal R..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....was required for keeping a dagger, a dagger was not an arm. He has further argued that knives and kiris are not included in section 4 of the Arms Act and, as such, keeping those in possession by a person cannot be an offence under section 19(f) of the Arms Act. 3. Next, he has argued that there w......oner. Nikhilesh Dutta, Deputy Attorney-General — For the Opposite Party. Criminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6-9-99 pass...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....facturing Co Ltd. and another Vs. The Ulhasnagar Municipal Council and another AIR 1971 (SC) 1021; SP (Supendra Prashad) Misra Vs. Oil & Natural Gas Commission AIR 1987 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. ......Huq with, AKM Shahidul Huq, Tania Siddiqua and Chamon Akhter, Advocates — For the Opposite Party. Civil Revision No.1118 of 2000. Judgment AK Badrul Huq J.- A judgment of reversal has been called in question by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying ......rt of their case. 10. Learned Senior Assistant Judge, First Court, Dhaka by judgment and decree dated 29-5-1997 dismissed the suit. In recording dismissal the learned Senior Assistant Judge as the trial Judge held that it was not proved that plaintiff was the allotted person on suit property and ......d in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....increase in the security deposit and the monthly minimum charges were communicated by the letter dated 9-9-79 and the tariff enhancing the charges was made effective from 2-6-79. The defendant No.2 also asserted that the plaintiff defaulted in making payment of revised security deposit from time to ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ng a written objection and denying the material allegations made in the application for injunction, contended that the Government in exercise of the statutory powers, refixed the rate of gas for industrial category with effect from 2-6-79 as per Government Notification, Defendant No.2 further stated......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....on No. 31 of 1992 arises out of Judgment and order dated 18-3-1990 passed in ITA No.3359 of 1982-83 (Assessment year 1977-78) by the Taxes Appellate Tribunal. Reference Application No.32 of 1992 is also directed against the judgment and order dated 18-5-1990 passed in ITA No.3360 of 1982-83 (Assessm......ce applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the le......or locality to exercise their authority to carry on their activities. The learned Deputy Attorney-General further submits that from a perusal of the provisions of section 10(2) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 it is clear that a corporation brought into existenc......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of..Category: Fiscal/Taxation Law | Date: | Hits: 86
....ssued by the secretary of the respondent Trust that in such negotiation petitioner offered to take lease of the said industry for 10 years and to pay rent per month at the rate of Taka 2.75 lac and also to deposit Taka 33 lac as advance and he having been found as the highest bidder matter is under ......ted that admittedly tenders submitted by the tenderers in compliance of the tender notice were not acceptable to the respondent Trust and, as such, those tenders were cancelled and the petitioner was called for negotiation and though subsequent offer of the petitioner was higher than his original of...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......al Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Mozammel Hussain J
ABM Ruhul Amin, Managing Director……………….….Petitioner
Vs.
Bangladesh Freedom Fighters Welfare Trust and others…….Respondent
Judgment
February 8, 1999.
Cases Referred to-
Mozaher Sawda..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....ant bail to the appellants. It appears that the appellants are alleged to have been caught red handed with cocktails, one pipegun and one knife and before their arrest they had thrown cocktails and also opened fire on the police. 2. Learned Advocate for the appellants strenuously submitted that t......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......he rejection of their prayer for bail by the Special Tribunal on 10-3-97 and that appeal was summarily dismissed on 3-12-97. In that order dismissing the Special Tribunal was directed to complete the trial within 3 months failing which to consider the prayer for bail of the appellants. It appears th......lication is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... the suit property belonged to Masudjan and his father in law Nasruddin Choukider to the extent of 0.3333 acre and 0.6667 respectively. Nasruddin Choukider died before CS operation leaving behind two sons namely Sonamuddin (predecessor of defendant Nos.1-9) Asanuddin (predecessor of defendant Nos 10...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......some portion of the land from the suit land for the purpose of construction of Head Quarter Building of the then Rakhi Bahini but they have not been impleaded in this suit as party. 5. The learned trial Court on consideration of the material evidence on record dismissed the suit on the ground tha...... possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....r of the house and there was an order of status quo and the victim was no longer a tenant of the owner of the house after expiry of his lease before the occurrence presence of the petitioners who are sons and men to the absconding accused that could not be for committing an offence but for protectin......e Magistrate should be stopped forth with so also the practice of issuing notice to the accused to appear. 14. In the result the Rule is discharged. Ad interim bail granted to the petitioners is recalled. They are directed to surrender to their bail bonds by 17-8-1998. Communicate the order to th......bail petition but passed no order regarding those three accused who did not appear. Thereafter charge under sections 302/149 of the Penal Code was framed against all the accused and fixed 11-1-97 for trial and allowed 9 accused petitioners to remain as before and adjourned hearing of the bail petiti......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....16-10-79 drew Taka 75,800.00 and Taka 170.00 respectively. Thereafter on 13-11-79 the said Salimuddin deposited for collection cheque No.178768 for Taka 86,000,00 and the said Salimuddin cheque was also allegedly issued by the aforesaid Kamrul Huda against his current deposit account No. 9956 of Mot......imuddin is also purported to have withdrawn Taka 170.00 from Account No. 2400 on 16-10-79 by cheque Ext. 4(Ka). It has been convincingly proved by consistent documentary and oral evidence that the so-called account-holder Salimuddin is a creation of the accused and is a fictitious person in whose na......arge sheet against the accused persons under sections 467/471/409/34 of the Penal Code. 4. Upon the aforesaid allegations six accused persons, including the three appellants before me, were put on trial before the Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No.8 of 1992 ......own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....uisition the government did not take over physical possession and as such, the suit land remained in the possession of said Abdur Rashid Matabbor till his death. 4. Abdur Rashid died leaving three sons namely, Abdul Mannan, Abdur Rahman and Abdul Karim. They settled the suit land along with, othe......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......t the same prayer if justice demands. 21. So, ultimate discretion rests with the Court. The Court should only guard that the plaintiff should not be allowed another opportunity to commence a fresh trial after he failed to conduct the suit with care and diligence; (Modan Mohan Pal vs. Abdus Samad ......pellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 200..Category: Property Law | Date: | Hits: 83
46714669466746664665466446634662466046594658465746554654465346524650464946484647