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MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....95. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat N......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convi...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....tioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, affirming the......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......1-3-86 passed in GR case No.311 of 1985 convicting accused petitioner Jamal Uddin alias Md. Jamal Uddin under section 279 of the Penal Code and sentencing him thereunder to suffer simple imprisonment for 6 months and further convicting him under section 304B of the Penal Code and sentencing him ther..Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....ented — the Accused-Respondent. Criminal Appeal No.1128 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jhalakati......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......ondent under section 247 of the Code of Criminal Procedure. 2. The appellant as complainant filed a petition of complaint in the court of Thana Magistrate, Jhalakati against the accused-respondent for the alleged offence under sections 406/420 of the Penal Code. The learned Magistrate on receipt ..Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....tioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal Appeal No.114...... consideration and discussion of the material evidence of the witnesses concurred with the material findings arrived at by the learned trial Court. The learned Additional Sessions Judge also took due notice of prevailing circumstances of the case and the manner in which the accused petitioner caused...... Magistrate of the 1st Class, Chouddagram in GR Case No.22 of 1989 convicting the accused petitioner under section 304B of the Penal Code and sentencing him thereunder to suffer Rigorous Imprisonment for two years. 2. The prosecution case, in short, is that Abdur Rashid, Officer-in-charge of Chou..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
.... No. 2692 of 1998. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order vide Nothi No. 5-Cus (2116) Import ICD Group-I/97, dated 14-7.93 Annexure ‘I’ to the petition seizing fabrics of the petitioner as contained in con......ainers and the said Sathi Apparels did not appear and did not file any document for release of the goods in question and the disappearance of the name of the Sathi Apparels from the IGM attracted the notice of some Customs Officials who on 6-5-98 made a note in the file for adjudication of the matte......and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the C..Category: Fiscal/Taxation Law | Date: | Hits: 83
....f the Bangladesh Biman Corporation their designation being Flight Stewardess. In the aforementioned two writ petitions there are 18 petitioners, who all joined Bangladesh Biman Corporation on various dates between the 23rd April, 1993 and 2 August, 1993. The contract of employment for each of the pe.......
9. That during the validity period of this contract period of service the same may be cancelled/terminated by the Management of the First party at any time without assigning any reason by giving notice of one month or will pay one month’s salary in lieu of such notice period or for the period......
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 AC 374.
Lawyers Involved:
Ajmalul Hossain with Mvi Md. Wahidullah ..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
.... instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellaneous Case No.7 o......Rahman, the learn Advocate appearing on behalf of the petitioner, submits that the opposite party Nos.1, 2 and 3 were brothers and joint mutawallis of the concerned Waqf properties. On receipt of the notice, in connection with the application under section 32 of the Waqf Ordinance, they duly appeare......opposite party Nos.1 to 3 were the joint mutawallis in respect of Panch Peer Darga Waqf Estate bearing Ex No.6831 of village Bhagalpur, police station, Sonargaon, in the District of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mut..Category: Trust/Waqf Law | Date: | Hits: 189
....ling upon the respondents on the application together with supplementary affidavit to show cause as to why the impugned order contained in Memo No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issued by the respondent No.3 (Annexure-H) to the supplementary affidavit should not ......n presence of the petitioners in support of the charge. On receipt of the enquiry report the respondents without supplying a copy of the enquiry report to the petitioners served the second show cause notice pursuant to rule 43(6) but did not serve the copy of the enquiry report as required under rul......he Respondents.
Writ Petition No. 7254 of 1997
with
Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved...
Category: Employment/Service Law | Date: | Hits: 87
....appear to press the Rule, in the exercise of supervisory power under section 115 of the Code, I propose to dispose of the Rule on merit.
2. The subject matter of challenge in this Rule is an order dated February 17, 1999 recorded by the learned Additional Assistant Judge, Court No. 4, Dhaka in Ti...... be exercised by the High Court Division is supervisory which may, also, be exercised suo motu. Section 115 of the Code provides a safeguard to meet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is clothed with supplementary power of su......AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party...
Category: Property Law | Date: | Hits: 68
....Commerce is to have a trade licence and to be an income-tax payee. Upon the retirement of one-third members of the Board of Directors the Chamber of Commerce announced an election schedule fixing the date of election as on 20-12-98.
6. Thereafter, about 500 plaintiffs filed Other Suit No. 114 of ......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ber of Commerce and Industry as petitioners have filed an application under section 43 of the Companies Act, 1994 against the Chittagong Chamber of Commerce and Industry and 200 others as respondents for rectification of the register of members of the Chittagong Chamber of Commerce and Industry.
..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....19 of 1992 were filed in time and making necessary deposits in time. The trial Court after hearing the pre-emption cases analogously allowed the pre-emption cases on contest by the judgment and order dated 11-8-92. 3. The pre-emptee took the Miscellaneous Appeals 200 and 201 of 1992 against the j......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......No. 4341 of 1998 and Civil Revision No. 4342 of 1998. Judgment Abu Sayeed Ahammed J. - Since both the Rules are between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The petitioners in both the Rules are pr..Category: Property Law | Date: | Hits: 58
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....dent. Criminal Appeal No. 1067 of 1991. Judgment Md. Hassan Ameen J. - This Criminal appeal, at the instance of accused appellant Abul Kalam Molla, is directed against the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant under ......case, he visited the place of occurrence, prepared inquest report of the dead body of the deceased and thereafter sent the dead body to the morgue for holding post-mortem examination. He said that he noticed some injuries on different parts of the body of the deceased and accordingly, he arrested th......inst the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and ordered to pay a fine of Taka 5,000.00, in default to suffer rigorous imprisonment for ..Category: Criminal Law | Date: | Hits: 32
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....died on 4-1-87 i.e. long after 6 years of the said transfer but the recording of the said transfer in the register of members remained pending. After several verbal requests, the petitioner by letter dated 5-9-93 requested Dhaka Stock Exchange Limited to finalise the share transfer matter. Suddenly ......e Chairman, Securities & Exchange Commission declined to intervene treating the same as an internal matter of Dhaka Stock Exchange Limited. 7. Finally, on 30-1-98 the petitioner served a legal notice upon the respondent No. 1, the Dhaka Stock Exchange Limited, through his learned Advocate Dr.......s. Having received the consideration amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the petitioner. And at the time of the transfer of the aforesaid share the transferor also handed over the vacant possession of the said room of the Dhaka S..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....th Md. Khurshid Alam Khan and Deb Das Somaddar, Advocates — For the Opposite Parties. Civil Revision No. 4088 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 r......plication dated 28-4-97 praying for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedure. Mr. Zainul Abedin also placed before me the impugned show cause notice dated 4-10-96. He also placed before me the Service Regulation of the Teachers of Non-Governm......our Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedu..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....e —For the Opposite Party No.15. Civil Revision No. 6086 of 1991 (Dhaka) Civil Revision No. 192 of 1986 (Jessore) Judgment Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree......nd there having no khas land, the auction purchaser Asmat Ali could not have acquired any title and interest in the land of Khatian Nos. 688 and 689 unless the under tenancy is annulled by service of notice as contemplated under section 167 of the Bengal Tenancy Act and he says that there is no proo......ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 15-12-94 (Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) p...... time, “brought to bear unholy influence on the local Revenue Officer of Dumuria and got the land sold in auction in a certificate case beyond the knowledge of the public at large by suppression of notices and proclamations”. He purchased the land in the name of his wife and after obtaining cert......torney-General — For Respondent No. 1. KS Zaman, Advocate — For the Respondent Nos. 10 and 14. Writ Petition No. 1198 of 1995. Judgment Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upo..Category: Property Law | Date: | Hits: 107
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....— For the Opposite Party. Civil Revision No. 981 of 1995. Judgment Qazi Shafiuddin J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and decree dated 10-11-94 and 17-11-94 respectively passed by the Subordinate Judge, 1st Court, Chandpur in Fam......on 1-10-78 fixing the dower money at Taka 35,000.00. They lived happily but on certain occasions there were serious mental conflicts between the parties and the defendant effected the divorce and the notice was also served upon the plaintiff. 4. The suit was decreed declaring the talak-e-tawfiz e......al Assistant Judge-in-Charge and Family Court, Sadar, Chandpur in Family Court Case No.4 of 1991 should not be set aside. 2. The opposite party as plaintiff filed Family Suit No. 4 of 1991 praying for a declaration that the divorce given by the defendant No.1 is illegal, collusive, null and void ..Category: Family Law | Date: | Hits: 180
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
....etitioner. Abdul Aziz Chowdhury, Advocate — For the Opposite Parties. Civil Revision No. 1000 of 1987. Judgment Qazi Shafiuddin J.- This Rule is directed against the judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kishoregonj in ......s the tenant under the plaintiff but stopped payment of rent from the month of Bhadra, 1388 BS. In spite of repeated demands, they did not pay the rent to the plaintiff as such the plaintiff served a notice under section 106 of the Transfer of Property Act and filed the suit for ejectment of the def......e judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kishoregonj in Small Cause Courts Act Suit No. 1 of 1986. 2. The plaintiff filed the suit for eviction of the defendant from the suit premises. The suit premises measuring 0.01 acre of land ..Category: Civil Law | Date: | Hits: 89
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....ents. First Miscellaneous Appeal No. 135 of 2001 with Civil Rule No. 384 (FM)/2001. Judgment Sheikh Rezowan Ali J.- This First Miscellaneous Appeal is directed against the judgment and order dated 28‑2‑2001 passed by the learned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Cas......ed in the schedule Kha of the pre‑emption petition to the pre-emptee opposite party No. 1 by a kabala dated 23‑11‑1994 beyond the knowledge of the pre‑emptor petitioner and without service of notice upon him. Under the circumstances he sought pre‑emption of the case land under section 24 o......rned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to p..Category: Property Law | Date: | Hits: 53
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