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....is Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in Other...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......ite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in Other Class Suit No.3 of 1984 dismissing the suit for default and order dated 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The pe..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....cond Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment and decree dated 26-6-75 passed by the Subordinate Judge, Additional Court, Khulna in Title Appeal No.114 of 19......drive him away from Bangladesh, giving a wrong address of the appellant in West Bengal. 3. Further case of the appellant is that the defendant No.4 in collusion with the local Thana staff served a notice upon the appellant through the defendant No.3, the officer in-charge, asking him to leave thi......lna in Title Appeal No.114 of 1974, dismissing the appeal and affirming the judgment and decree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present appellant is a citizen of Bangladesh. 2. The case of t..Category: Immigration and Citizenship Law | Date: | Hits: 190
.... with Sirajur Rahman and Emaduddin Chowdhury, Advocates—For Opposite Party.
Civil Revision Case No. 4618 of 1999.
Judgment
SK Sinha J.- This Rule is directed against the judgment and order dated 21-6-99 of the Additional Divisional Commissioner, Chittagong Division in Civil Appeal No.31 o......d unadjusted by the opposite party. On the basis of the said Enquiry Report, a charge-sheet was submitted against him for defalcation of money. He was found guilty of the charge and second show cause notice was served upon him on 16-1-93. Thereafter, upon compliance of formalities, he was dismissed ....... An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Gangaram Centre, but no voucher was filed by him i..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....128(S) of 1995. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of Sreemati Parul Bala alias Parul Rani Saha Mondal and another, and it calls in question the judgment and decree dated 31-3-1979 passed by the District Judge, Noakhali in Title Appeal 105 of 1964, dismissing the a......sed land which is admitted and not denied by the defendants at any stage. 6. Later on OD (old debt) Case No.21 of 1995-56 was also started against the same certificate debtors and in the case, the notice under section 7 of the PDR Act was served on 8-7-55 and the suit land was attached. In this O......4, dismissing the appeal and affirming the judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-19..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... arms in possession and by using those arms he committed terrorism and various illegal activities. Following the above commission of crime by convict-appellant Doublemooring Police Station Case No.29 dated 22-3-1992 under section 19(a) and (t) of the Arms Act read with section 26 of the Special Powe......nowledge of learned Advocate is the knowledge of client. The convict-appellant having been guilty of his own conduct is putting blame upon Tribunal and this conduct of convict-appellant must be taken notice of. Omission in not recording a decision in holding trial will not make the trial and judgmen......t May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of i..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....f 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous......bills on the basis of 13357.66 cubic metre per month at a gas flow pressure of 5 PSIG as stated in the letter dated 11-8- 99 issued by and on behalf of the defendants Titas Gas. 4. Pursuant to the notice issued thereupon, the defendant Titas Gas appeared and opposed the application by filing a wr......cellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit be..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....eneral with Alhaj Md. Mahmud Hossain Assistant Attorney- General —For the State. Criminal Appeal No. 610 of 1999. Judgment Md. Marzi-ul Huq J.- This appeal is directed against the judgment dated 28-7-1983, passed by the learned Additional Sessions Judge, 3rd Court, Comilla in Sessions Cas...... attacked by cancer and Pintu and Khorshed Alam were gained over by the accused persons. In cross-examination P.W.7 denied that the accused persons did not assault him and he admitted that he did not notice as to who stabbed Azhar. He also stated that the shops were closed due to the occurrence and ......ns Judge, 3rd Court, Comilla in Sessions Case No. 143 of 1983 convicting the appellant Milon alias Shahabuddin Ahmed under sections 302/149 of the Penal Code and sentencing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced to suff..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....5 of 2000. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 9-5-2000 passed by Additional District Judge, 3rd Court at Dhaka in Title Appeal No. 748 of 19......heir names mutated in respect of their respective land and now, possess the same in their specific share by raising dwelling huts, etc. and on payment of rents. 4. On 8-7-1998 the plaintiffs got a notice issued by the local Demra Police Station on the basis of a complaint dated 7-7-1998 lodged by......o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....rs, as a local shipping agent of the Shipping Corporation of India Limited which owns the concerned vessel ‘MV Vishva Kaumudi’. The said vessel was chartered by respondent No.4 under Fixture Note dated 15-2-1999 for carrying the cargo of 8325.00 metric tons of rice into Bangladesh port. The said......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......hipping agent of the Shipping Corporation of India Limited which owns the concerned vessel ‘MV Vishva Kaumudi’. The said vessel was chartered by respondent No.4 under Fixture Note dated 15-2-1999 for carrying the cargo of 8325.00 metric tons of rice into Bangladesh port. The said vessel thereaft..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....found 4 more minor injuries in both thighs. From this the learned Advocates submit that this goes to suggest that the occurrence might have taken place elsewhere and in a different manner. 11. The date, time and place of occurrence are not practically disputed. 12. In the light of the submissi......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......050, 1198 of 1997. Judgment MM Ruhul Amin J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Barisal for confirmation of the sentence of death imposed under upon the condemned prisoner Md. Shamim @ Sha..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Sal...... is a foreigner who is appointed in the office of Cross Towny and allowed to receive his salary abroad, outside Bangladesh. 3. When that is the position, the Income Tax Authority served him with a notice to pay income tax for his income in this country on which no income tax is payable, and it is......ated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this petition is moved by Gur..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....dvocates—For the Respondents. FMAT No. 285 of 2001 with Civil Rule No. 255 (FM) of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe..Category: Intellectual Property Law | Date: | Hits: 230
....t with the petitioner and executed a bainapatra on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same date and the petitioner was given delivery of possession of the property. The said property was enli......e Court of Settlement, we find that Ali Mohammad Abbas received money on different dates till 1979 by putting his signatures on the back page of the said bainapatra. When this fact was brought to the notice of the learned Advocate for the petitioner by us, he could not give any satisfactory reply. F......n 17-2- 1986 in the First Court of Subordinate Judge, Dhaka against Ali Mohammad Abbas, the Chairman of the DIT and the Government of Bangladesh represented by the Secretary, Ministry of Public Works for specific performance of contract and also for a decree for declaring that the enlistment of the ..
Category: Property Law | Date: | Hits: 103
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....Revision No. 511 of 2000. Judgment Md. Abdul Aziz J. - In this Rule the opposite parties including Kabir Ahmed impleaded as opposite party No.2, were directed to show cause as, to why the order dated 25-5-2000 passed by the learned Sessions Judge, Chittagong in Criminal Miscellaneous Case No.1......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......r Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Stati..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....ruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ shoul......oner. Shah Khasruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮à......the owner of Plot No.22/A/1 of the layout plan of Eastern Housing Ltd. comprising more or less 1 katha of land which he purchased on 12-4-89. The petitioner obtained an approved plan in the year 1989 for construction of a 3-storied building on the said plot. Thereafter, the petitioner submitted a pl..Category: Property Law | Date: | Hits: 114
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....lved in both the Rules. 2. In Writ Petition No.1787 of 1998 Rule was issued at the instance of the petitioner, Abdul Mannan, calling upon the respondents to show cause as to why the impugned order dated 9-6-98 issued by the respondent No.2 and Final Notification as to the Delimitation of nine War...... units, distribution of population and administrative convenience. He also did not make some inquiries and examination of records and consideration of the opinions of the people before publishing the notice in violation of sub-section 2 of section 21 of the said Ordinance. The respondent No.4 Deputy......ne Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of the Rule is as follows: The petitioner is a Commissioner of newly created Ward No.4 ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....torney-General—For Respondent No. 5. Writ Petition No. 3803 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a ......lding failing which they would be termed as unauthorised constructions and would be removed, and the cost of removal would be realised from the petitioners. 6. In the letter, it was mentioned that notice was served repeatedly but in fact, no notice reached the petitioners before 24-06-99. 7. P......udgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the appeal and order dated..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....erence was made under section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Court No. 2 and Nari‑O‑Shishu Nirjatan Daman Adalat at Brahmanbaria by its judgment and order dated 12Â-10‑2000 passed in Nari‑O‑Shisu Nirjatan Daman Case No. 37 of 1998 convicting the co......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......s judgment. 2. Prosecution case, in short, is that the condemned prisoners Osena Begum and her son Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ally arrested under section 54 of the Code of Criminal Procedure, but has subsequently been detained under section 3(1) (a) of the Special Powers Act, 1974 on the basis of the order by the Government dated the 9th April, 1974. It has been further asserted that the detenu is an active worker of a sec......uiries from the local police and also from the authority of the Dacca Central Jail issued a statement in the NewsÂpapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the pla...... authority of the Dacca Central Jail issued a statement in the NewsÂpapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....-For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Appeal No. 181 of 2004. (From the judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK......ha’, and in that case the trial Court was justified in giving saham to plaintiffs out of those land. Mr. Mahbubey Alam, appearing for the plaintiffs contended that the High Court Division failed to notice that apart from the admission of Abdul Majid, the plaintiffs led both oral and documentary ev...... judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 ac..Category: Property Law | Date: | Hits: 127
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