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Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....o show cause as to why impounding of the petitioner’s passport, (bearing No. Q0506331) issued on 5th August 2001 in Dhaka by the Government of Bangladesh, pursuant to Memo. No. Cord-1/110/2001/7978 dated 23-10-2001 issued by the respondent No. 3 and Memo No. Probbyal/2001 (Bahhi-1) 1254 dated 23-1......that there must be a written order stating the reasons for making the order and the authority is also required to furnish a copy of the order on demand. We find from the annexure-‘C’, copy of the notice demanding justice that formal request was made on behalf of the petitioner to make available ......be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petitioner, and at the very outset he has pointed out the petitioner was not informed of the reasons for impounding his passport. An Inspector of Police of Special Branch, Dhaka, ..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 153/84 r...... of the case under Order IX rule 13, CPC. The learned Advocate has emphatically submitted that it was incumbent on the court to inform the parties concerned about the arrival of the record by issuing notice to the parties. Mr. Syed Mahmud Hossain has referred to Order III rule 4(2) of the Code of Ci......Miscellaneous Case No. 324/80 recording the order of the High Court Division dated 7-12-83. 2. The opposite parties as plaintiffs instituted Title Suit No. 545/76 in the Court of Subordinate Judge for declaration of title, which was decreed ex parte on 29-9-80 and the present petitioner on 11-11-..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
.... Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J. - The appellant preferred this First Miscellaneous Appeal challenging the judgment and order dated 6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Suit No.......y date of the filing of the suit i.e. on 1-9-99, the plaintiff also filed an application under Order XXXIX rule 1 CPC praying for an order of temporary injunction to the above effect. Then show cause notice was also issued on 1-9-99. 4. As it appears from the records the plaintiff in support of t......ondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff, the proprietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of permanent injunction restraining the defen..Category: Intellectual Property Law | Date: | Hits: 200
....-on-Record-For the Appellants.
Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1.
Not represented-Respondent Nos. 2-4.
Civil Appeal No. 20 of 2007.
(From the judgment and order dated 29.03.2005 passed by the High Court Division in Writ Petition No.1911 of 2004.)
Judgment
......t-petitioner to join in his service, the action of the School was not a bona fide one, that the writ-petitioner made several representations to allow him to join in his service and that also served a notice through the learned Advocate but those were not considered by the School.
5. The Rule obta......of the Inspector of Schools, Secondary and Higher Secondary Education Board, Dhaka addressed to Principal of Bangladesh Rifles School and College, BDR Head Quarters, Peel Khana, Dhaka.
2. By the aforesaid Memo, the Inspector of Schools directed the Principal of Bangladesh Rifles School and Colle..
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
.... by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.89 of 2007.) ......n 14.12.1989 he was promoted to the post of an officer and while he was performing his duties as an officer in Jhawdia Branch of Bangladesh Krishi Bank at Kusthia, the regional Audit Officer issued a notice upon him on the allegation of inefficiency, negligence, corruption and also for misappropriat......ate-on-Record- For the Petitioners N. K. Saha, Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....sain alias Paltu 2. Jalal 3. Helal and 4. Manjur and Criminal (Jail) Appeal No. 141 of 1985 preferred by convict-appellant Tota are directed against the same impugned judgment and order of conviction dated 12‑8‑1985 passed by the learned Additional Sessions Judge, First Court in-charge, Bakergan......tner and did not verify the confessional statement of Selim, Tota and Fazle Ali. He stated that the seized alamats were not placed in TI Parade. He added that he engaged source and served hue and cry notice. He denied as not a fact that Selim and Tota were brought to him by his source or that they m......ions Judge, First Court in-charge, Bakerganj in Sessions Case No. 120 of 1982 convicting all the five appellants under section 396 of the Penal Code and sentencing each of them to suffer imprisonment for life. Both the appeals are disposed of by this judgment. 2. Accused-appellant No. 1 Zahid Hos..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....o. 148 of 1999. Judgment Md. Fazlul Haque J.- This appeal No. 304 of 1997 at the instance of the Uttara Bank Limited Bangabandhu Avenue Branch, Dhaka in directed against the judgment and decree dated 28‑7‑1997 passed by the Subordinate Judge and Artha Rin Adalat in Title Suit No. 182 of 19......e defendants on 7‑7‑1980 did not also allow the plaintiff bank to adjust this loan amount against some other accounts maintained by the defendants. Consequently, the plaintiff bank served a legal notice demanding payment of the aforesaid amount with interest but the defendants did not care to re......respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The de..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....ocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. Civil Revision No. 5190 of 2002. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 11‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit N......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs inst..Category: Property Law | Date: | Hits: 31
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....rlier. 2. It is stated in the writ petition that respondent No. 1, Government of Bangladesh, with a view to expand the telephone communication network all over the country, entered into a contract dated 11th November, 1996 with GrameenPhone Consortium now GrameenPhone Limited (hereinafter referre......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (M..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....-Record- For the Appellants. Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-2. Not Represented- Respondent Nos. 3-6. Civil Appeal No. 94 of 2003. (From the judgment and order dated 20.8.2008 passed by the High Court Division in First Appeal No.52 of 1989.) Judgment Sur......ional Deputy Commissioner, 41 DLR (AD)97, Joynal Abedin and others Vs. Mafizur Rahman and others, 44 DLR (AD)162 and Mohammad Kalimuddin Vs. Mohammad Dukhi Mondal and others, 11 MLR (AD)151. 8. We noticed that not only the defendant-respondent No. 1 did not raise objection at the time of admittin......th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the resp..Category: Property Law | Date: | Hits: 36
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
...., instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate Tribuna...... Institute, where he jointed on 14.06.1998, and while he was serving there, on 05.11.2001 a departmental proceeding was initiated alleging "misconduct and corruption" and on receipt of the show cause notice he replied thereto denying the charges and as per provision of the Rules, 1985 a two member I......gust 1, 2010. Lawyers Involved: Alhaj Gias Uddin Ahmed, Advocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed against the judgment and decree dated 25-Â6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd......onsent of the defendant that he would vacate the suit property within 3 months from 10‑6-1994, the date of salish. But as the defendant failed to hand over vacant possession of the land 3 month’s notice under section 106 of the Transfer of Property. Act was served on him terminating the tenancy ......he judgment and decree dated 25-Â6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit again..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....e-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in Miscellaneous Appeal No. 61 ......etitioner is entitled to file the pre‑emption case. The co-sharer of the land opposite party Nos.2-5 sold the land to the opposite party No. 1 on 21-10‑1993 collusively and they did not serve any notice of transfer to the petitioner. On 12‑2‑1996 the petitioner came to know of the transfer t......d order dated 26‑10‑1997 passed by the learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996. 2. The petitioner as pre‑emptor filed Miscellaneous Case No. 6 of 1996 before the Court of learned Assistant Judge, Basail, Tangail to preÂempt the case land. 3. The pre..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... transpires from the trend of cross-examination and suggestion put to the PWs is, that he has been falsely implicated in this case out of previous enmity. He has neither assaulted the deceased on the date, time and manner nor he has caused the death of the deceased in any way as alleged by the prose...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......38 of 1995 where the learned Sessions Judge has found the accused appellant guilty of the offence punishable under section 304(1) of the Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 in default, to suffer RI for 6(six) months more. 2...Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....in with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocates-For the respondents. Trade Mark Appeal No. 40 of 2001. Judgment Syed Amirul Islam J.- This appeal is from order and decision dated 1‑4‑2001 passed by the Registrar of Trade Marks, rejecting the Opposition Case No. 1624 of......s that sub‑section (4) of section 15 of the Act provides that if the applicant sends such counter‑statement, the Registrar shall serve in the prescribed manner a copy thereof on the persons given notice of opposition and shall, after hearing the parties, is so required and considering the eviden...... 2000 filed by the appellant opposing the Trade Mark Application No.58082 dated 26‑11‑98 in class 30. 2. The respondent No. 1 filed Trade Mark Application No. 58082 on 26‑11‑98 in class 30 for registering the mark 'Banoful Toast' and after advertisement of the mark in the trade marks jour..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....rence of murder from PW 2 Shamsul Hoque Dealer and PW 3 Mosharraf Hossain Member. Subsequently, PW 1, Monowara Begurn, went to Burichang police station and lodged a verbal ejahar at 11‑15 PM on the date of occurrence against the condemned prisoner Abul Kashem and the accused appellant Anowar Hossa......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. Death Ref..Category: Criminal Law | Date: | Hits: 39
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....angladesh filed by the petitioner, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 712 Paubo (Kop) B‑2/lboÂ-1/94, (8th Part) dated 26‑11‑2002 (Annexure‑E) issued under the signature of the respondent No. 4 purporting to......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120....... the Diploma Engineering in Civil in 1979 and then joined in the service of Bangladesh Water Development Board, hereinafter to be referred to as BWDB as Sub‑Assistant Engineer in 1980 and he was performing his duties to the satisfaction of all concerned. The petitioner by transfer order dated 29â€..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ition No. 4196 of 2003 has been filed by Ekushey Television Limited represented by its Chairman Mr. Abdus Salam. Rule was issued calling upon the respondents to show cause as to why the impugned memo dated 7‑6‑2003 (Annexure C-1) issued by respondent No. 3 shall not be declared to have been made...... said unlawful seizure of its equipments on 25‑5‑2003 applied to the Secretary, Ministry of Information for return of the equipment but received no reply. The present chairman of the company sent notice through his lawyer on 6‑7‑2003 demanding justice by returning the equipment but received ......a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman of ETV Limited. A Division Bench of the High Court Divi..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....n No. 230 of 2001. Judgment Md. Abdur Rashid J.- The Rule was obtained by defendant No. 1 upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000......ty No. 2, for final settlement. Opposite party No. 2 then on 22‑8Â2000 gave his award upholding the claim of opposite party No. 1 and giving him an award of Taka 9,70,238.00. 5. Pursuant to the notice issued, opposite party No. 2 the umpire filed the award in Court on 9‑5‑200 1. On 26‑6â......cted an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an application under section 14(2) read with section 17 of the Arbitration Act, 1940 for an order directing upon the Umpire to file his award dated 22‑8‑2000 in Court. The applicati..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....No. 6029 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No.......ing ongoing construction till disposal of the suit. He also prayed for an order of ad interim injunction in the above terms. Hearing the application, learned Joint District Judge was pleased to issue notice upon the defendants asking them to show cause as to why they should not be so restrained, and......section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title ..Category: Property Law | Date: | Hits: 26
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