Judgment search - Chancery Law Chronicles

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Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

.... late Mr. Manik Mia, was made to act as the printer and publisher for the said daily. Subsequently, the Company appointed the respondent Mr. Anwar Hossain. Editor of the Daily Ittefaq by a resolution dated 10-3-1972 in place of the petitioner. Mr. Mainul Hosein and Mr. Mainul Hosein became the Chair......n freed from prison years ago this Court should not be invited into an academic exercise on a constitutional issue. The Learned Court observed, "Mr. Santok Singh for the petitioner has brought to our notice decisions of this Court and of the Supreme Court of the United States to press home his point......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

.... Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order as contained in Memo No. Justice-7/2N-42/2002/1163 dated 19-10-2004 issued under the signature of respondent No. 2 appointing respondent No. 5 as the N......overnment Primary School as a teacher. It is also alleged that the petitioner created forged talaknama. The petitioner was given 7 day's time for filing reply thereof from the date of receipt of that notice to the District Registrar. The petitioner, however, failed to submit any satisfactory reply. ......further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petitioner was appointed Nikah Registrar for Shahpur Union and since then he has been working as such. All of a sudden the appointment of the..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....eople's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitio...... was started on the basis of the information received from the Port Authority. On the basis of the letter dated 24-7-2001 of the petitioner, the Commissioner of Customs, Customs House, Dhaka served a notice for showing cause upon the port authority. Respondent No. 6 issued a notice upon the petition......desh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared..

Category: Criminal Law | Date: | Hits: 158

Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)

....�For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Party No. 1. Civil Revision No. 6458 of 2001. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in Title......t a plan approved by RAJUK and gathered necessary materials for construction of Two Star international Hotel and spent an amount of Taka 1,70.50.000 for the same when suddenly the plaintiffs received notice of LA Case No. 7 of 1998-99 whereby part of the said purchased land has been acquired by RAJU......J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"..

Category: Civil Law | Date: | Hits: 99

Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

....vision No. 1822 of 2004. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 (4) of the Code of Civil Procedure at the instance of plaintiffs-petitioners is directed against the order dated 22-5-2004 passed by the learned Additional District Judge, Bankruptcy Court. Chittagong. in Ci......ance of plaintiffs-petitioners is directed against the order dated 22-5-2004 passed by the learned Additional District Judge, Bankruptcy Court. Chittagong. in Civil Revision No. 88 of 2004 in issuing notices upon the opposite party No. 1 to 3 by the learned District Judge, Chittagong, for the selfsa...... the learned Additional District Judge, Bankruptcy Court. Chittagong. in Civil Revision No. 88 of 2004 in issuing notices upon the opposite party No. 1 to 3 by the learned District Judge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit..

Category: Procedural Law | Date: | Hits: 77

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

....ng house of accused Abdul Mannan. He went there and found her dead and accordingly, took the dead body to the Police Station with the help of Chowdkider Rafiqullah, PW 14 and lodged the UD Case No. 5 dated 29-11-1997 and thereafter, he came to know that, in fact, the condemned-prisoner and other co-...... of the condemned prisoner. He, lastly, submits that the examination of the condemned-prisoner under section 342. Cr.P.C. is perfunctory inasmuch as substance of the allegation was not brought to his notice and even the only incriminating evidence sought to be proved by PW 3 that in the morning foll......- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the 1st Court of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for continuation of the sentence of death imposed upon the accused Abdul Mannan alias Mona Miah, son..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

.... M.G. Farooqui, Senior Advocate with Md. Ruhul Quddus, Advocate, instructed by M.G. Bhuiyan, Advocate-on-record-For the Respondents. Civil Appeal No.174 of 2002. (From the judgment and order dated July 27, 1999 passed by the High Court Division in Writ Petition No. 348 of 1985) Judgment ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... at Daulatpur, Khulna together with all 25 godowns on the premises preferably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, are that the w..

Category: Property Law | Date: | Hits: 128

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 5-04-2006 of the High Court Division passed in Writ Petition No.4487 of 2002 discharging the R......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ...... Parliamentary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Mohammad Hossain, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave t..

Category: Civil Law | Date: | Hits: 105

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

....For Respondent Nos.2-6. (In Civil Appeal No.270 of 2003). Not Represented—For Respondents. (In Civil Appeal No.271 of 2003). Civil Appeal Nos. 270-271 of 2003. (From the judgment and order dated 24-8-2002 passed by the High Court Division in Writ Petition No.408 of 2002.) Judgment S......ossessing the disputed land and filed several petition to the Additional Deputy Commissioner, Dhaka for mutation of the said land and while his petitions are awaiting decision, he was served with a notice by the writ respondent No.2 of dispossession for implementation of judgment in Writ Petitio......hip of the said land and legal proceedings cropped up since 1961. One Shamsul Huda claiming title of the said plot along with another plot through one Biswanath instituted Title Suit No.170 of 1961 for declaration of title and cancellation of dead No.8142 dated 2nd September, 1961 against Shamsuzz..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

.... Rahman), instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. (In all the cases). Civil Petition for Leave to Appeal Nos. 1508-13 of 2010. (From the judgment and order dated 9.7.2009 passed by the High Court Division in Writ Petition Nos. 2560, 4332, 6106, 6185, 6718 ......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......rs. (In all the cases). Mahmudnl Islam, Senior Advocate (with SM Atiqur Rahman), instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondents. (In all the cases). Civil Petition for Leave to Appeal Nos. 1508-13 of 2010. (From the judgment and order dated 9.7.2009 passed by t..

Category: Employment/Service Law | Date: | Hits: 91

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....cate-on-Record—For Respondent No. 1 (In both the cases). None represented—For the Respondent Nos. 2-3 (In both the cases). Civil Appeal Nos. 153-154 of 2009. (From the judgment and order dated the 27th and 28th day of February, 2008 passed by the High Court Division in Writ Petition No.......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ......T No. MWSP-WTP-01/2005 issued on 04-07-2005 by the writ-respondent No. 5. 2. The facts involved in the case, in short, are that the respondent as the writ-petitioner filed the said writ petition before the High Court Division challenging the decision of the Cabinet Purchase Committee dated 21-8-2..

Category: Others | Date: | Hits: 164

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

....pplication under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order of conviction and sentence dated 18.4.2007 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal, Rajbari in Nari-O-Shish...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ibunal, Rajbari in Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 conviction the petitioner under section 9 (1) of the Nari-O-Shishu Nirjatan Damon Ain,2000 and sentenced him to suffer imprisonment for life with a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 (two) year mor..

Category: Criminal Law | Date: | Hits: 57

Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)

.... party to show cause as to why the accused petitioners should not be enlarged on bail in Sessions Case No. 36 of 2009 arising out of G.R. Case No. 214 of 2007 corresponding to Anwara P.S. Case No. 15 dated 13.10.2007 under section 395/397 of the Penal Code, now pending before the learned Special Ses...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......arged on bail in Sessions Case No. 36 of 2009 arising out of G.R. Case No. 214 of 2007 corresponding to Anwara P.S. Case No. 15 dated 13.10.2007 under section 395/397 of the Penal Code, now pending before the learned Special Sessions Judge, Chittagong. 2. In a case under section 395/397 of the Pe..

Category: Criminal Law | Date: | Hits: 49

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....ral - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 9.8.2004 passed by Metropolitan Special Tribunal No. 6, Dhaka in Metropolitan Special Tribunal...... arms and ammunitions. The depositions are contradictory and do not corroborate each other. 10. The learned Judge of the Special Tribunal did not bring the specific incriminating evidence into the notice of the appellant as required by section 342 of the Code of Criminal Procedure. Such omission ......��………………………………………...Respondent Judgment February 24, 2011. Lawyers Involved: Not represented- the appellant. Md. Jashimuddin, Assistant Attorney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This a..

Category: Criminal Law | Date: | Hits: 44

State Vs. Mirza Abbas, 2010, 39 CLC (AD)

....r Uddin Sirker, Senior Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No.498 of 2010. (From the judgment and order dated 24.8.2010 passed by the High Court Division in Criminal Appeal No.23762 of 2010.) Judgment ......nce specific allegation of overt act attributed against the accused respondent the High Court Division erred in law in enlarging him on ad-interim bail pending investigation of the case in failing to notice that the accused being a very influential person, if he is enlarged on bail he would influenc......r Advocate (with Khondaker Mahbub Hossain, Senior Advocate with Jamir Uddin Sirker, Senior Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No.498 of 2010. (From the judgment and order dated 24.8.2010 passed by the Hi..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)

....awyers Involved Zainul Abedin Advocate-on-record-For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 930 of 2007. (From the Judgment and Order dated 23 April, 2007 passed by the High Court Division in Writ Petition No. 4495 of 2004) Judgmen......ged in the manufacture of M.S. rod from scrapes and ship broken iron. 3. The writ respondent No.4, i.e., the Superintendent, Customs Excise & VAT, Foujdarhat Circle, Chittagong issued a demand notice on12.10.2002 under section 55 of the VAT Act, 1991 asking the writ petitioner either to adjus......and another……….Respondents Judgment August 12, 2008. Lawyers Involved Zainul Abedin Advocate-on-record-For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 930 of 2007. (From the Judgment and Order dated 23 April, 2007 passed by ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ted by Syed Mahabubar Rahman, Advocate-on-Record-For Respondent No.8. Not represented- Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.199 of 2009. (From the judgment and order dated the 20th day of January, 2000 passed by the High Court Division in Writ Petition No. 10143 of ...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......ord- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahabubar Rahman, Advocate-on-Record-For Respondent No.8. Not represented- Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.199 of 2009. (From the judgment and order dated the 20th day of January, 2..

Category: Election Law | Date: | Hits: 116

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

....wdhury J.- This appeal has been preferred against the Judgment and decree passed by the learned Subordinate Judge and Artha Rin Adalat No.2, Khulna in Title Suit No.33 of 1990. The Adalat by judgment dated 30-9-90 decreed the suit in part directing realisation of Taka 1,64,925.00 from the defendant.......involved by 6-11-88. The balance of the amount was fixed as profit charged on the selling of the medicines. Out of this amount of Taka 1,75,925.00 the defendant No. 2 paid only Taka 11,000.00. Then a notice was issued on 25-14-89 asking the defendant to repay the loan with profit as earlier agreed u......ite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts ..

Category: Banking Law | Date: | Hits: 199

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

.... Criminal Appeal No.232 of 1995 preferred by accused-appellant Kazi Shahjahan are being disposed of by this single judgment, since the matters have arisen out of same judgment and order of conviction dated 31-01-1995, passed by the learned Assistant Sessions Judge, First Court, Comilla, in Sessions ....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......esponding to Kotwali PS Case No. 24 dated 09-08-1991, convicting the accused-appellants along with three others under section 395 of the Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and also to pay a fine of Taka 1,000.00, in default to suffer rigorous imprison..

Category: Criminal Law | Date: | Hits: 67

Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......in all the references is identical and only varies in amount. 7. Mr. MA Noor, the learned Advocate appearing for the assessee applicant, submits that the learned Taxes Appellate Tribunal failed to notice that interest on capital borrowed for the purpose of business is allowable deduction in compu......ssessee submitted their return showing total income at Taka 71,90,576 which was assessed by the Deputy Commissioner of Taxes at Taka 93,00,504 and disallowed interest of Taka 4,47,430 paid on capital for loan borrowed. 4. Similarly, Reference No.38 relates to assessment year 1989-90. In that year..

Category: Fiscal/Taxation Law | Date: | Hits: 135

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