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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....nterest in the disputed property and therefore, the petitioners were under no obligation to mutate their names in the record-of-rights. 3. The High Court Division by the impugned Judgment made the Rule absolute directing the petitioners to "mutate the names of the petitioners (writ-petitioners) i......st in the disputed property and therefore, the petitioners were under no obligation to mutate their names in the record-of-rights. 3. The High Court Division by the impugned Judgment made the Rule absolute directing the petitioners to "mutate the names of the petitioners (writ-petitioners) in res..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....sity of Dhaka. The petitioner in this situation, as he submits, was required to make a complaint within 21 days from the date of making provisional assessment before the Review Committee formed under Rule 23 of Pre-shipment Inspection Rule, 2002. On 16-3-2011 the petitioner did not move and lodge a ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....t Hossain, Advocate—For the Petitioner. ASM Abdur Razzaque with Fahad Mahmood Khan, Advocates—For the Respondent No. 2. Writ Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Ca......of the provision of Article 182 of the Limitation Act. On consideration of the available materials we hold that the High Court Division has not committed any illegality and wrong in making the rule absolute." 10. In view of the above, we find merit and force in the submissions of the learned Ad..Category: Civil Law | Date: | Hits: 83
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
..
Category: Property Law | Date: | Hits: 68
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....ur Rahman with Jobaida Pervin, Advocates—For the Petitioner. Zafar Ali Khan, Advocate—For Opposite Party Nos.1-3. Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and ......ple of precedents has a good deal of force. 22. In view of my discussions made in the foregoing paragraphs by now it is clear that the instant Rule must succeed. In the result, the Rule is made absolute. The impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009) passed by th..Category: Property Law | Date: | Hits: 74
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....t Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No. 1340 of 1999 making the Rule absolute and setting aside the judgment and decree dated 31.01.1999 passed by the learned Add......Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No. 1340 of 1999 making the Rule absolute and setting aside the judgment and decree dated 31.01.1999 passed by the learned Addition..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... Hossain J.- This petition for leave to appeal is directed against the judgment and order dated 27.10.2009 passed by a Single Bench of the High Court in Civil Revision No. 352 of 2008 discharging the Rule and thereby affirming the judgment and decree dated 16.09.2007 (decree signed on 23.09.2007 p...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....y, Sub-ordinate Courts occupy a special place in the Constitution under Articles 114 to 116A. The recruitment and conditions of service of the members of the Judicial Service are regulated by the Rules made by the President under Article 115 of the Constitution. Since as per Note: 1 of the impug......y placing the District Judges at SI. No.24 of the Warrant of Precedence with other person(s) of the same rank and status and the High Court Division acted beyond the jurisdiction in making the rule absolute directing the respondent No.1 to make a new Warrant of Precedence placing the District Judg..Category: Constitutional Law | Date: | Hits: 441
....e schedule property as described below known as properties of M/s. Bhajalal Todi and Satyapada Todi, 150/152, B.K. Road, Narayanganj was declared as Enemy Property (Jute) after the war of 1965 as per Rule 182 of the Defence of Pakistan Rules. Its assets and liabilities including maintenance and man......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....or possession or the deed. 29. A general allegation of collusion implying some kind of fraud is not enough without particulars. Specific pleadings in support of fraud or collusion as per Order 6 Rule 4 are required to be made and those allegations of fraud and collusion must be substantially pr......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......s referred to the decision in M/s. M.M. Ispahani Ltd. Vs. Sonali Bank & Ors. reported in 1984 BLD (AD) 242. Relying on the ratio decidendi of the Ispahani Case that the guarantor’s liability is absolute and may not be deferred or postponed, Mr. Hussain submits that such liability can indeed by..Category: Company Law | Date: | Hits: 203
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
....such a finding it is not empowered to allow application under Or. 23 r.1 CPC. As no such finding appears to have been reached by the trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Repo......g it is not empowered to allow application under Or. 23 r.1 CPC. As no such finding appears to have been reached by the trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 D..Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....s Involved: Shah MH Rahman, Advocate ‑ For the Petitioner. Rakib Ahmed, Advocate ‑ For the Opposite Parties. Civil Revision No.720 of 1990. Judgment Badrul Islam Chowdhury J.- This Rule arises out of an order dated 28.3.90 passed by the Assistant Judge, First Additional Court Dhak...... find that the learned Assistant Judge committed an error in law resulting an error in the decision causing failure of justice by refusing the prayer for local inspection. Therefore, the Rule is made absolute without cost. The impugned order dated 28.3.90 is hereby set aside and the trial court is d..Category: Property Law | Date: | Hits: 80
....n this Writ application the Subordinate Judge (Arbitrator) 4th Court, Dhaka was made the first respondent and Md. Ishaque in whose favour the award was made the second respondent. It appears that the Rule was issued on 13th August, 1991 against the respondent but on repeated attempts the Rule could ......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391...
Category: Alternative Dispute Resolution | Date: | Hits: 213
....ith M Saleemullah, Advocates - For the Petitioner.
Fakhrul Islam, Assistant Attorney General‑ For the Respondents.
Writ Petition No. 704 of 1989.
Judgment
Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the enlistment of the petitioner......eft Bangladesh for Pakistan and he never returned after liberation, that his whereabouts were not known, and he ceased to occupy, supervise or manage the property in person and, as such, the property absolutely vested in the Government under President’s Order No.16 of 1972. He further submitted th..
Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....দের পদধারীদের নিয়মিতকরন ও জ্যেষ্ঠতা নির্ধারণী বিধিমালা, ২০০৫” (herein after mentioned as the Rules of 2005) and that as per rule 5(1) of this Rules of 2005 the seniority of the petitioners is......adesh Atomic Energy Commission has been directed against the judgment and order dated 10.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.6308 of 2009 making the rule absolute declaring the impugned decision No.2 of the 12th meeting of Bangladesh Atomic Energy Commis..Category: Employment/Service Law | Date: | Hits: 81
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....ad Habibur Rahman J.-The petitioner M/s Trade Channel, a Proprietary Firm, represented by its proprietor Ali Ahmed of 92 Agrabad Commercial Area,PS Double Moorings, Chittagong prays for issuance of a Rule Nisi calling upon respondent Na.1 Collector of Customs Customs, House, Chitagong, respondent No...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....azzam Hossain Advocates‑‑For the Petitioner. Syed JR Modassir Hossain Advocate‑For the Opposite Parties. Criminal Revision Case No.416 of 1989. Judgment Habibur Rahman Khan J.- This Rule is directed against the judgment and order dated 11.11.89 passed by the Sessions Judge, Habigan......, the judgment and order giving direction to take step in accordance with the finding arrived at by himself amounts to prejudging the matter relating to taking cognizance of the offence, which is the absolute discretion of the Magistrate. It is further submitted that the learned Magistrate after con..Category: Criminal Law | Date: | Hits: 89
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