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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....02 of the Constitution of the People’s Republic of Bangladesh Was issued calling upon respondents to show cause why the notice being No. Election Commission/Law/Sangsad/Dispute/2O/(1)/96(Part-1)/20 dated 29-3-2000 purporting to ask the petitioner to submit his written statement under section 4 of ......2 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi under Article 102 of the Constitution of the People’s Republic of Bangladesh Was issued calling upon respondents to show cause why the notice being No. Election Commission/Law/Sangsad/Dispute/2O/(1)/96(Part-1)/20 dated 29-3-2000 purpor......d Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami L..Category: Constitutional Law | Date: | Hits: 196
....ion No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declared to be without lawful authority...... the respondent No.1 and hence eviction process was initiated and that too following the provision of law for eviction i.e. section 5 of the Ordinance XXIV of 1970, and accordingly, 7 (seven) days’ notice was given for vacating the basti but basti people did not respond and that the notice for evi......ttorney-General—For the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition s..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....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, 1998 by the learned Additional District Jud......egal evidences, his suit is liable to be dismissed and the order of remand giving him opportunity to prove his case by fresh evidence cannot be sustained in law. This aspect of the matter escaped the notice of the trial Judge as well as the Courts of appeal below resulting in an error in the decisio...... 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 28th June, 1998 and the decree signed on..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....orney- 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, Bagerhat in OR No.123 of 1994 arising out of Mong......s not in conformity with the provisions of section 205C and, as such, the order of the learned Magistrate was not proper and legal. We regret that the learned Additional Sessions Judge failed to take notice of the legal position and gave his finding in the line of the findings of the learned Magistr......9)94 and the order dated 7-8-2000 passed by the learned Additional Sessions Judge, Bagerhat in Criminal Revision No.90 of 1999 should not be quashed. 2. It appears that the present petitioner is informant of GR No.123 of 1994 of the Court of Magistrate, Bagerhat. After investigation, the Investig..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....iminal 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 passed by the Special Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998...... Mehrdin Vs. The Emperor reported in IC 1927 page 935, case of Shahdin Vs. State reported in PLD 1961 (Lahore) 704 and the case of State Vs. Amir Khan reported in PLD 1963 (Peshawar) 54. We have also noticed that in these cases the decisions of some other cases were relied upon. 6. On perusal of......sed by the Special Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petit..Category: Criminal Law | Date: | Hits: 40
....s. Republic of Bangladesh was issued at the instance of Md. Nazrul Islam and another, calling upon the Government of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and ......ect of the commercial premises at 25, Bangladesh Avenue, Ramna, Dhaka, on receipt of the bid money from the petitioners.
2. The case of the petitioners, in brief, is that in response to the public notice published on behalf of the respondent No.1, the petitioners submitted tenders to purchase the......nts did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was ..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....l Islam, Advocate — For Respondent No.1. Appeal from Original Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandato......of the plaintiff. It may not be lost sight of that the plaintiff is an industrial concern, and gas is an indispensable energy for running the industry in a developing country like Bangladesh. We have noticed that the plaintiff’s unit was earlier operated by electricity. It had to convert the syste......l Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that ..Category: Others | Date: | Hits: 132
....oque J. - This Rule was issued 3-11-94 at the instance of the petitioner Mr. Ruhul Amin, Managing Director KR Fashion International Limited calling upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued by the respondent No.1 should not be declared to have been pa...... tender petitioner did not acquire any right to get lease of the property in question as the respondent Trust reserved the right to cancel any tender without showing any cause in Para 3 of the tender notice and, as such, the Writ Petition is not maintainable. He further submitted that admittedly ten......cel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appearing for the petitioner after placing the petition and other materials on record submitted that responden..
Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
.... 5. In that state of affairs it has been alleged that on 5-1-96 absconding accused Faruk Thakur having threatened the darwan Shah Alam of that house a relation of the said house made GD Entry No.414 dated 7-1-96 with Gulshan police has further been alleged in the FIR that at about 10.00 PM on 7-1-9......bail by the learned Chief Metropolitan Magistrate. Thereafter the case was sent to the Sessions Judge who took cognizance and registered the same on 4-11-96 as Sessions Case No.633 of 1996 and issued notice on the accused for their appearance fixing 18-11-96 for hearing charge matter. Except abscond......te opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially ..Category: Criminal Law | Date: | Hits: 33
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....004. Judgment Md. Abdur Rashid J.- Defendant Nos. 1 and 2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous....... The Supreme Court of Pakistan in MA Naser vs. Chairman, Pakistan Eastern Railway, PLD 1965 SC 83 in a case of termination of a licence of caterer held that the licensee was entitled to a reasonable notice in accordance with provisions of section 63 of the Easements Act. If however, the licence was......edure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Ti..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....e petitioner, Syed Abdul Alim alias Lalu, who has presently been languishing in a condemned cell in the Dhaka Central Jail ever since his arrest on 5-7-99, challenging the impugned judgment and order dated 23-6-85 passed by the Special Martial Law Court No. 1, Dhaka in ML Case No. 2 of 1985 convicti...... exercised". The above conclusion was arrived at by the Appellate Division after due recapitulation of the case of Halima Khatun 30 DLR (AD) 207 and Haji Joynal Abedin 32 DLR (AD) 154 as could be noticed from the discussions made in paragraphs 20. 21 and 22 of the aforesaid case of Ehteshamuddin...... sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. Lesanul Hoq lodged the first information report (FIR) on 16-2-85 in Mirpur Police Station implicating the petitioner and two others..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....m Khair and Faisal Mahmud Faijee, Advocates—For the Respondents. First Appeal No. 595 of 1999. Judgment Md. Abdur Rashid J.- Defendant No.1 presented the appeal against judgment and decree dated 28-9- 99 passed by Subordinate Judge, Court No.1 at Chittagong in Other Suit No. 42 of 1998, w......ed 13-1-91. The plaintiff got his name mutated in respect of said schedule-(Kha) property and possessed on payment of rents under the mutated khatian. 6. In December, 1996 the plaintiff received a notice from Double Mooring Police Station and on inquiry came to know that defendant No.1 company ob......ich decreed the suit. 2. On 8-1-97 respondent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte ju..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....handra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of land to one Swadesh Ranjan Sar......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......997. Luna Fahmida Rahman and Dana Farzana Rahman, two full sisters, on 19- 5-97 instituted the suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
.... referred the matters to the Hon'ble Chief Justice for necessary order constituting a Full Bench with a view to resolving the conflict in the decision. Accordingly, the Hon'ble Chief Justice by order dated 29-4-2004 constituted this Full Bench to resolve this conflict. Since all these 9 Rules involv...... have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a conflicting decision in 54 DLR 602 on the point, whether persons employed against a tempor......and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a c..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....informant PW 1, Sub-Inspector Md. Obaidur Rahman along with Sub-Inspector Abdul Bari, Sub-Inspector Amzad Hossain (deceased), and 3 constables being PWs 5-7 on the basis of Singra PS GD Entry No. 501 dated 13-5-2002 as per direction of the Officer in-Charge, Singra Police Station, Natore came out fo......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......ns Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant PW 1, Sub-Inspector Md. Obaidur Rahman along with Sub-Inspector Abdul Bari, Sub-Inspector Am..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....80 of 1997. Judgment AKM Fazlur Rahman J.- Criminal Appeal No. 2153 of 1997 and Jail Appeal No. 1880 of 1997 preferred by the appellant Abu Taher Kha are directed against the judgment and order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 c......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ted 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous imprisonme..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....in Writ Petition No. 3763 of 2005 and Sultan Uddin Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 dated 12-2-2005 issued by the respondent No. 3 calling upon the respondents to show cause as to why ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ...... old/reconditioned machinery covered under letter of credit No. 140504020008 dated 1-11-2004 and further to show cause as to why the respondent No. 4 should not be directed to assess and release the aforesaid goods imported by the petitioners without any reference to the said Memo, as aforesaid and ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 (Annexure-A) so f......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......osts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sect..Category: Information Technology Law | Date: | Hits: 321
....ementary duty on other electrical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 150/Ain/2001/3f5/Mushak, dated 7-6-2001 (hereinafter called "the notification") read with first part of Third Schedule of the......t while good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the Court on which the classification may reasonably be regarded as based, the presumption...... fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it is contended that the benefit which was given to the petitioners by exempting payment of su..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....why they should not be directed to lease out the Jibannagar, Shialmari Cattle Hat situated within Jibannagar Upazila of Chuadanga District at Taka 22,50,000 offered by the petitioner vide application dated 26-4-2005 addressed to the Deputy Commissioner, Chuadanga, Annexure-F to the writ petition, ex......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......, excluding any offer below Taka 22,50,000. 2. It is stated in the writ-petition that the Upazila Nirbahi Officer (UNO), Jibannagar, District Chuadanga, respondent No. 6, initially fixed 28-2-2005 for submitting tender to lease out the Jibannagar Shialmari Cattle Hat situated in Jibannagar Upazil..Category: Others | Date: | Hits: 114
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