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Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the accused-opposite parties and the opposite party State to show cause as to why the judgment and order dated 11‑11‑2002 passed by the learned Sessions Judge, Pirojpur in Criminal Revision No. 93 of 2......h the case from the stage before discharging of the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......arim, Advocate-For the Petitioner. Akram Hossain, Advocate-For the Opposite Parties. Criminal Miscellaneous Case No. 3386 of 2003. Judgment Sheikh Rezowan J.- On an application by the informant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling ..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
.... on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned Memo No. JM/3-1(Part)/2002/3036 (100) dated 28‑9‑2002 issued by the District Magistrate, Natore (respondent No.3) on 1‑10‑2002 (An...... of the Member elected from the ruling party who also became a Hon'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a view to implicating the petitioner......In the application it has been stated that the petitioner is General Secretary, District Committee of youth front of the main opposition political party of the country and a bona fide businessman and for his protection he was given a licence in 1998 to hold a Rifle and he renewed the said licence fr..Category: Criminal Law | Date: | Hits: 63
.... 2.
Writ Petition No.1777 of 1993.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo RTU (174) 91/1087/1(6) dated 20-12-92 issued by respondent No.2 canceling the registration of the petitioner’s union as e......17th of April, 1986 the 3rd Labour Court, Dhaka had the exclusive jurisdiction to entertain the application and accord permission for cancellation of registration of the petitioner’s union; that so notice to show cause was served upon them nor was there any enquiry held in their presence and accor...... briefly (IRO) on 10-3-91 bearing Registration No.B-1935.
3. Facts of the petitioner’s case, briefly stated, are:
(a) that respondent No.2, the Registrar of Trade Union filed an application before the Chairman, Second Labour Court Dhaka under section 10(2) of the Industrial Relations Ordinan..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....at time his daughter Jannati was about 8/9 years old. The occurrence took place in a sugarcane field lying to the east of Chandihara Bazar. On 28‑6‑98 he was on duty at Jamil Soap Factory. On the date of occurrence his wife sent Jannati to Chandihara Bazar in the afternoon on the date of occurre......ay in producing him by the police to the Magistrate for recording his confessional statement. We have therefore reasons to believe that the confessional statement was true and voluntary. We have also noticed that this confessional statement was brought to the notice of the condemned prisoner during ...... Ara sent her eldest daughter Jannati Khatoon, aged about 10 years, to Chandihara Hat to buy some coconut oil and poultry medicine. Since she did not come back home till the evening PW6 Rowshan Ara informed the matter to Delwar Hossain, Mabul and Patu Mia and other neighbours and asked them to look ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....: Not present-the Petitioner. AB Roy Chowdhury, Advocate-For the Opposite Parties. Civil Revision No. 135 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17Â-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of 1994 a...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......whereby Md. Arab Ali was appointed as his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and..Category: Property Law | Date: | Hits: 65
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....ed by M Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 2071 of 2008. (From the judgment and order dated 26.08.2008 passed by the High Court Division in Civil Revision No.607 of 2008.) Judgment ......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......Record-For the Petitioner. Nur Hossain Chowdhury, Advocate instructed by M Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 2071 of 2008. (From the judgment and order dated 26.08.2008 passed by the..Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....e-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the High Court Division in Writ Petition No.1255 of 2005.) Judgment ......ecretary of the school Management Committee and, as such was in charge of the accounts of the said School but he did not place accounts before the Management Committee for approval and accordingly by notice dated 15.01.2004 the Head Master was asked to submit the accounts of the school but the Head ...... Md. Tazul Islam, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....No. 156 of 2002. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant No.1 upon making a revision application under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001,......tayed and the dispute raised in the suit ought to be referred to the Tribunal of the MCCI. He also submits that the Corporation has already referred a dispute to said Tribunal of the MCCI and taken a notice dated 6‑2Â-2002 in Case No. G‑5 of 2002 thereupon. Pursuant to (lie notice, the plaintif......on under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... Revision No. 2472 of 1994. Judgment Md Imman Ali J.-In this revisional application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......le Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting the petitioner's application under section 152 of the Code of Civil Procedure. 2. The learned Advocate for the petitioner, Mr. Chandi Charan Paul, being unable to be present in Court due to his illness, ..Category: Property Law | Date: | Hits: 61
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....n an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge of accused opposite party No. 2 Samir and fram......akistan Criminal Law Journal 400 in the case of Nisar Ahmed Vs. State and another may be considered. It has been held there by a Division Bench of Lahore High Court that any person Could bring to the notice of Court all illegality or material irregularity in the conduct of Judicial proceedings by in......For the Petitioner Mainul Hosein with Md. Mozzamel Huq, Advocates-For the Opposite Party No. 2. Criminal Revision No. 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure,..Category: Criminal Law | Date: | Hits: 82
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....ailed to repay the amount of loan on repeated reminders. The total amount of loan payable by the accused is Taka 13,51,535.98 and for repayment of part of the said loan the accused issued two cheques dated 30‑9‑1999 and 3‑2‑2000. The bank authority produced those cheques for encashment on 5â...... cheques for encashment on 5‑3Â-2000 and 6‑3‑2000 respectively but those cheques were returned with endorsement 'Not arranged for’. After dishonoring of those cheques the bank issued a legal notice on 14‑3‑2000 and the same was received by the accused on 20‑3‑2000 but the accused di......y the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant fi..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....e, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Jamai and LM Liaquat Ali Lasker, pursuant to the judgment and order of conviction dated 31‑1‑2001 in Sessions Case No. 43 of 2000. Besides jail appeals, the condemned prisoners a....... State, 1987 BLD (SC)1 = 38 DLR (AD) 311. From the evidence on record we find that the missing of Akimul has been ascertained at a belated stage and the informant has explained the delay. We have noticed from the record that there is neglect and laches on the part of the investigating agency in ......nd Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Ja..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: ProÂ3/2000/613 dated 20‑8‑2000 as corrected by order dated 28‑8‑2000 collectively marked as Annexure‑E to......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......œ...................the appellants argument that by receiving the same scale of pay the Preventive Officer and Appraisers have become members of the same grade with effect from 26‑6‑1983 and therefore the Preventive Officers became senior as a Class to those who have been appointed directly as A..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
.... No. 5588 of 2000. Judgment Md. Joynul Abedin J.-This Rule under Article 102(2)(a) of the Constitution was issue d calling upon the respondents to show cause as to why the impugned notification dated 2‑12‑1999 vide SRO No. 354‑Law/99, Annexure‑D to the writ petition, recognising the pe......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......ercial basis under certain conditions provided such undertaking was established in between the first day of July, 1995 and 30th June, 2000 (both days inclusive) and an application was made to the NBR for such tax exemption within 180 days from the date of commencement of its commercial production/op..Category: Fiscal/Taxation Law | Date: | Hits: 86
....cate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the High Court Division in Writ Petition No. 6916 of 1997.)
Judgment
......orks and Urban Development, Government of Bangladesh and others reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree through which...... 49 DLR (AD) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the ..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....agent submitted 4 separate Bills of Entry for 300 metric tons, 500 metric tons, 500 metric tons and 500 metric tons under Bill of Entry receiving numbers being 483, 484, 485 and 486 respectively, all dated 2-1-95 for the assessment for the Customs Duty on the basis of C&F value. But the Customs ...... and fictitiously raised tariff value without any objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of the Evidence Act 1872 and should start with the presumption of regula...... the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (South-East Asia) Private Limited, 37 Graig Road, Singapore for the import of 3,000 metric tons of Crude Degummed Soyabean Oil and the price quoted in the inden..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....essions Judge, though found that learned Magistrate illegally drew up proceeding, upon an erroneous view he did not interfere with the order of the learned Magistrate. 3. We have perused the order dated 22-9-86 by which order, the learned Magistrate took cognizance against the petitioner and othe......ere second party of the said proceedings were directed to remove obstructions from a river. The said order has been affirmed by the learned Sessions Judge. Thereafter, the learned Magistrate served a notice upon the petitioner and others on 15-7-85 to remove the obstruction by 20-7-85 but they did n......ent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision pet..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....se two applications on the ground that they are not liable to any assessment as the assessee is a charitable trust which is exempted from any taxation. The Tribunal on hearing both the sides by order dated 10-7-1995 accepted the contention of the assessee and allowed the applications and set aside t......on is to get the advantage of non-assessment then there must be compliance of sub-paragraph 2 of paragraph 1 of the sixth schedule Part-A of the Income Tax Ordinance, 1984 which provides for giving a notice to the Deputy Commissioner of Taxes as regards the utilisation of the funds which has not bee......ese two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by..Category: Fiscal/Taxation Law | Date: | Hits: 99
....-ul Huq with Zafarullah Chowdhury, Advocate — For the Petitioner.
Not Represented —the Respondents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ed the respondent No. 1, namely, the Deputy Director, Bureau of Anti-Corruption, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satisfactory reasons for seizure of the documents. The petitioner after receiving the order made application to the Distr..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ddin Chaklader, Advocate — For Respondent Nos. 7 and 9. First Appeal No. 366 of 1995. Judgment Md. Joynul Abedin J. - This first appeal is directed against the impugned judgment and decree dated 12-8-95 passed by the Subordinate Judge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declari......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......dent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title suit for a declaration that she was entitled to continue as a lessee of shop No. 49 i..Category: Property Law | Date: | Hits: 116
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