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Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....e Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as ...... Dhaka and Md. Mostafizur Rahman, Division Bench No. 1, Dhaka for making an inquiry into the allegations made by the petitioner as well as allegations made by the employees against the petitioner and notice was issued under Memo dated 9-2-95 by the Inquiry Officer to the parties concerned and report......, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and served in different capacities efficiently and honestly. The petitioner was appoint..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....his Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effec......25% of the quoted price i.e. Taka 22,50,000.25 as down payments and the rest Taka 67,50,000.75 was to be paid by 3 equal instalments as per clause (1) of the agreement. The respondent issued a demand notice vide Annexure B dated 2-6-92 asking the petitioner for repayment of the outstanding liability......anneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the name of all the aforesaid tanneries for the purpose of purchasing raw skin during the Eid-ul Azha. It has been stated..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....vocate—For the Opposite Parties. Civil Revision No. 2147 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the pre-emptee against the judgment and order dated 22-7-92 passed by the Subordinate Judge, Cox’s Bazar in Misc. Appeal No. 55 of 1987, allowin......ed pre-emption case against the present petitioner and others. Case of the pre-emptor, in short, is that the opposite party 2 to 4 sold the case land on 6-11-86 to the opposite party 1 without giving notice to the petitioner who is co-sharer of the seller by inheritance as his pre-decessor was an or......ted 7-6-87 passed by the Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and other..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....— For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates — For the Opposite Parties. Civil Revision No. 2181 of 1994. Judgment Gour Gopal Saha J. - In this Rule the order dated 27-2-1994 passed by the Subordinate Judge, Bogra in Miscellaneous Case No.106 of 1989, arising......e suit should fail became known to him for the first time at the appellate stage and not earlier. Thus in a case where it is found that the alleged formal defects in the suit were duly brought to the notice of the plaintiff earlier but he slept on his oars and allowed the suit to be finally disposed......side the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by the Subordinate Judge and Commercial Court, Khuln......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......f 1983, should not be set aside. 2. The plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentione..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
.... Deputy Commissioner, Dhaka to show cause as to why petitioner KM Obaidur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Jud......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......ur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Judge, Dhaka. We propose to dispose of all the three Rules by this judgmen..Category: Criminal Law | Date: | Hits: 46
Harun and others Vs. State, 1998, 27 CLC (HCD)
....osed of by this common judgment. 2. Criminal Miscellaneous Case No. 1212 of 1996 at the instance of the accused-petitioner Bachu alias Bachu Sheikh has been directed against the judgment and order dated 23-11-95 passed by the learned Sessions Judge, Dhaka rejecting the prayer for bail of the accu......accused-petitioner Badsha will be decided at the time of trial of the case and the evidentiary value of the same cannot be considered or gone into in considering the bail matter. It is significant to notice that immediately before the commission of the murder, both Bachu and Harun left Bangladesh fo...... with Criminal Miscellaneous Case No. 254 of 1997. Judgment AK Badrul Huq J. - Criminal Miscellaneous case No.1212 of 1996, 310 of 1998 and 142 of 1998 arising out of three applications for bail of three accused petitioners under section 498 of the Code of Criminal Procedure and Crimin..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....nt Abdus Salam Mamun J.- This Rule Nisi was issued upon the respondents as to why the cancellation order communicated by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without aut......earing to the petitioners and thus the impugned order of cancellation of the registration is arbitrary, void and also mala fide made on the basis of paper reportings. 10. According to Mr. Huq, the notice that was issued by the BOI, asking the petitioner to produce the permission/licence obtained ......rn factory in Gazipur and that the products of the petitioner-company are absolutely non-alcoholic in nature. The petitioner-company was registered with the Board of Investment, the respondent No. 1, for manufacturing "malt beverage”, evidenced by Annexure "B" to the Writ petition, and started pro..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....ional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard along with......ce. However, in the process of proof of an alleged confession the Court has to be satisfied that, it is voluntary, it does not appear to be tainted with inducement, threat or promise. In this case as noticed P.Ws.3, 4, 6 and 7 made different versions about the admission of the accused respondent. ......passed by the High Court Division in Death Reference No. 20 of 1992 heard along with Jail Appeal No.1069 of 1992.) Judgment Surendra Kumar Sinha J.- The Respondent Babul Miah was put on trial before the learned Sessions Judge, Brahmanbaria to face charges punishable under sections 302/34 and 3..Category: Criminal Law | Date: | Hits: 58
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....here the President summons Parliament that has been dissolved to meet under Article 72(4), this Chapter shall apply. Mr. Bhuiyan submits that since for a limited period, that is, for 90 days from the date of dissolution of Parliament or before expiry of the Parliament the provisions of Article 56 wi...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... others…………………..Respondents Judgment July 25, 1996. Lawyers Involved: Syed Muhammad Mashiur Rahman, Petitioner in person. Abdul Wadud Bhuiyan, Additional Attorney General-for the respondents. Writ Petition No. 1729 of 1996. Judgment Md. Mozammel Haque J.- This i..Category: Constitutional Law | Date: | Hits: 199
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
.... Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by the High Court Division in First Appeal No.203 of 1999.) Judgment S......reeing the Title Suit No.10 of 1997 in part. 2. The leave petitioners as plaintiffs filed the Title Suit No.10 of 1997 for declaration of their title through adverse possession and that the tender notice described in the 'Kha’ schedule of the plaint in respect of 'Ka' schedule land of the plain...... Zainul Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by th..Category: Property Law | Date: | Hits: 58
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
.... Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not Represented- For Respondent Nos. 2-51. Civil Petition for Leave to Appeal No. 2217 of 2009. (From the judgment and order dated 6.8.2009 passed by the High Court Division in Civil Revision No. 3069 of 2008.) Judgment ......li died leaving five sons, three daughters and a widow, who transferred the case land to the pre-emptee-purchaser, the respondent No.1 Md. Sorhab Ali by registered kabala dated 22nd January, 1997. No notice was served upon them and therefore they had no knowledge about the transfer. The pre-emptee r......tructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not Represented- For Respondent Nos. 2-51. Civil Petition for Leave to Appeal No. 2217 of 2009. (From the judgment and order dated 6.8.2009 passed by the H..Category: Property Law | Date: | Hits: 54
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....vision No. 1396 of 1992. Judgment ABM Khairul Haque J. - This Rule was issued at the instance of the petitioner calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sa......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25....... 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night ..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....d baseless for the merchandise. The basis for determination of tariff value under delegated authority as provided in section 25(7) of the Customs Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illeg......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ...... that imposition and levy of duty upon such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It opened Letter of Credit on 21-1-1998 for importing 350 MT of Caustic Soda solid and 150 MT of Caustic Soda Flakes at the rate of US$ 250...Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....M.A. Samad with M.G.H. Ruhullah, Advocate-for Respondent No. 4. Writ Petition No. 6819 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayangonj summaril......petition. However, respondent No.2 denied the material facts of the writ petition in an evasive manner. 5. Respondent No.4 filed his affidavit–in-opposition stating, inter alia, that the auction notices were published in two dailies namely “The Daily Amar Desh” and “The Daily Shitalakkha......e. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin Kabir, Advocates-for the Petitioner. M. Shafiullah, Advocate-for Respondent No. 2. M.A. Samad with M.G.H. Ruhul..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....uperintendent–in-charge of Zadavpur Islamia Dakhil Madrasah at Mithapukur, Rangpur asking him to show cause as to why he should not be prosecuted for committing contempt of Court by violating order dated 27.8.2006 passed by the High Court Division in Writ Petition No. 8022 of 2006. 2. The facts......urther knowledge from the said representation and the Memo of the Assistant Commissioner, the contemner did not pay any heed. In that event, the petitioner through his learned Advocate served a legal notice dated 24.2.2008 upon the contemner asking him for payment of the subsistence allowance (vide ......ontemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before the Court. Though apparently he had prepared the bill, but admittedly did not place it for sign..Category: Criminal Law | Date: | Hits: 68
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
.... to have been detained under the Act. He then referring to specific instances of various overt acts committed by the detenu submits that in the grounds of detention there are specific overt acts with date and details of the commission of the incidents committed by the detenu and his accomplices and ......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... the Constitution of the People's of Bangladesh calling upon the respondents to show cause as to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful a..Category: Criminal Law | Date: | Hits: 55
....t the instance of respective petitioner of the four Rules challenging the respective order of expulsion from the respondent No. 1 Bangladesh University of Engineering and Technology (BUET) by letters dated 24-6-99 passed by Board of Residence and Discipline of the said University and communicated by......respective Rules is that, following an incident in the course of test examination and expulsion of an examinee some further incidents had taken place involving some student demonstration. Thereafter, notices dated 9-5-99 was served upon the respective petitioner who appeared before the inquiry commi......and has been found guilty of offence under sections 5, 17, 21 and 22 of the Ordinance relating to Board of Residence and Discipline and he has been awarded punishment of expulsion from the University for 2 terms including the current term and suspended punishment for further 2 terms.
3. Md. Sanau..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....90. Judgment Md. Ruhul Amin J. - Petitioner has obtained this Rule under Article 102 (2) (a) (ii) of the Constitution calling upon the respondents to show cause as to why the judgment and order dated 27-5-1990 made by the Commissioner of Taxes Dhaka (East Zone, Dhaka, respondent No.3) as commu......000 from Mr. MH Khan (claimed to be the brother of the petitioners), that in due course Income Tax Officer (The Deputy Commissioner, of Taxes) Companies Circle-11, Dhaka East Zone, Dhaka upon serving notice under sections 79 and 83(1) of the Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) t......it and proper. 2. Facts, in short, are that, petitioner as an Income Tax assessee under the Companies Circle 11, Dhaka (East Zone) Dhaka, having GIR No. 1146/Coys-11 (East) filed income tax return for the assessable year 1984-85 and therein showed loan of Taka 80,000 from Mr. MH Khan (claimed to ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....nd. 35. It is now settled that the Superior Court has power to commit for contempt. The usual criminal process to punish contempt was found to be cumbrous and slow, and the Courts at an uncertain date assumed jurisdiction themselves to punish the offence summarily so that cases may be fairly hea...... the daily "Amar Desh' for publishing a news under the caption 'চেম্বার মানেই সরকার পক্ষে স্টে' in the issue of 21st April, 2010, this Court issued notices upon them to show cause as to why they should not be prosecuted and punished for contempt fo......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i..Category: Criminal Law | Date: | Hits: 163
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