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Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the judgment and order passed by this Court on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders pas......arty No. 1 that his such inaction in holding the AGM of the Bank is, in effect, violation of the order of this Court and amounts to disregarding the order of this court and this may be brought to the notice of this court and the contemner opposite parties may be held liable for defiance of the order...... Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....Hassan Ameen J.- This criminal appeal, at the instance of three yarnnamely, (1) Jalaluddin, (2) Helaluddin and (3) Alaluddin, all sons of late Hossain Ali, is directed against the judgment and order, dated 26‑5‑1999, passed by learned Additional Sessions Judge, 4th Court Mymensingh, in Sessions ...... admission of PW 7 who said about death by heart failure of the deceased after return back from hospital speaks much about the defence case and there is nothing on record to show that he with oblique notice has said so. Further, the absence of the doctor who held post-mortem examination on the dea...... Case No. 208 of 1995 arising, out of GR No. 43(2)95 corresponding to Kotwali PS Case 30(1)95, convicting them (appellants) under sections 302/34 of the Penal Code and sentencing them to imprisonment for life and also to pay a fine of Taka 5,000, in default to suffer rigorous imprisonment for one mo..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....te. Criminal Appeal No. 636 of 1995. Judgment Md. Hassan Ameen J.- This Criminal appeal, at the instance of sole accused-appellant Md. Dulal Mia, is directed against the judgment and order, dated 30‑3‑1995, passed by the learned Sessions Judge, Netrakona, convicting the appellant under...... the prosecution case which ought not to have been relied upon by the learned trial Court. He then submits that the doctor who held post‑mortem, examination on the dead body of the deceased did not notice any injury on the body of the deceased and, as such, the cause of death of the deceased so ar......d against the judgment and order, dated 30‑3‑1995, passed by the learned Sessions Judge, Netrakona, convicting the appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and also to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for one mon..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....2000, even though the Director General, Department of Environment (DG, DoE) has designated the Assistant Commissioner of Police for that purpose by issuing a notification No. পরিবেশ /1006 dated 4‑5‑2002 under that section. Secondly, the said reporting officer is not a 'পরি...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......ers. Not represented- the Opposite Party. Criminal Miscellaneous Case No. 11194 of 2003. Judgment Zinat Ara J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....legal. 3. In the plaint it is averred that defendant No. 6, Vitessee Trading (LLC) placed a purchase order for supply of ready‑made garments for an amount of US$ 1,00,000 vide a letter of credit dated 6‑2‑2001. After said letter of credit was transferred to the plaintiff, the plaintiff open......n for restraining defendant Nos. 4 and 5 i.e. the petitioner Bank, from making any payment to defendant Nos. 1 and 2 against the back to back letters of credit. 4. Same date the trial Court issued notice upon the defendants asking them to show cause within seven days as to why they should not be ......C) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile Limited and others, 54 DLR (AD) 70; Tanni Knit Wear Limited vs. DGM, Sonali Bank a..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....ate-For Opposite Party No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Cour......defendant in the suit on the ground that the suit land belonged to Dhaka City Corporation and that he is in permissible occupation of the suit land under Dhaka City Corporation. 5. The trial Court noticed that the copy of the application for addition of party was not served on the plaintiff but a......not be set aside. 2. The petitioner as plaintiff instituted Title Suit No. 49 of 1998 in the Court of the Assistant Judge, 6th Court, Dhaka impleading the Opposite Party No. 1 as defendant praying for a decree for ejectment of the said defendant from the suit premises. The suit was subsequently t..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....dul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2-6. Civil Appeal No. 43 of 2006. (From the judgment and order dated 31.07.2004 and 03.06.2008 passed by the High Court Division in Civil Revision No. 3942 of 1991......irection to the plaintiff to obtain termination benefits and other dues from the concerned office and the termination of service with termination benefit cannot be termed as punishment and as such no notice need be served upon the plaintiff for passing the order of termination and the position being......ging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No.97 of 1982 in the 1st Court of Munsif (now Assistant Judge) Sadar, Sylhet for declaring that the termination of the job of the said plaintiff as Senior Assistant in Uttara Ba..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....ucted by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the High Court Division in Civil Revision No. 2323 of 2009.) Judgment ......fice of the Chairman and also from drawing money from the account of PROSHIKA till disposal of the suit. The learned Assistant Judge upon hearing on the application by an order of the same day issued notices upon the respondents to show cause as to why an order of temporary injunction should not be ......-For the Petitioner. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-4. Not Represented-Respondent Nos.5-7. Civil Petition for Leave to Appeal No.1697 of 2009. (From the judgment and order dated 11.8.2009 passed by the H..Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....- For the Appellants. Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Appeal No. 361 of 2003. (From the judgment and order dated 20.4.2002 passed by the Administrative Appellate Tribunal in Appeal No. 22 of 1999.) Judgme......e Administrative Tribunal could have declared that the respondent is 'still in active service' is not clear to us? Both the Administrative Appellate Tribunal and the Administrative Tribunal failed to notice Rule 34 of the Civil Service Rules, Part-1 which provides "unless Government in view of speci......if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances determined by the government the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to be s..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....ment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 of 1994......rmation of commission of a dacoity at Kumudini Jute Godown by using an engine boat, following which informant SI Abdul Halim and a contingent of police force started to apprehend the miscreants. They noticed an engine boat moving in the Shitalakhya river with a group of persons in it and they follow......er dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 of 1994 convicting Karam Ali under section 399 of the Penal Code sentencing him thereunder to suffer RI for 7 years and to pay a fine of Taka 2,000 only, in default, to suffer RI for a further period of 6..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....dure arose out of the impugned judgment and decree passed by Mr. M. Zafar Ahmed Mina, the Additional District Judge, 5th Court, Dhaka in Title Appeal No. 457 of 1990, affirming the judgment and order dated 6-11-1990 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No. 147 of 1990, rejecting......ion and submits that section 102 of the Waqfs Ordinance is not attracted to the instant case and the Suit was not filed against the Mutwalli or against any order of the Waqf Administrator; that if no notice was served upon the Mutwalli or Waqf Administrator before filing of the suit and in case of a......oth the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civil Court was ousted for mere presence of alternative machinery, namely, the Administrator of Waqfs; that both the Courts..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....Hossain). FKMA Mahbub, Assistant Attorney-General- For the Respondent. Criminal Appeal No. 948 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. A...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. Ali Hossain and Tara Mia and absconding co accused Md. Siddiqur Rahman Bhuiyan and Md. Lutfor Rahman Bakshi under section 468 of the Penal Code and sentencing them thereunder to suffer Rigor..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....rt. He has pointed out that the petitioners made application for certified copies of the statements on 2-2-99 and received the certified copies on 19-4-99 but during this period in spite of the order dated 21-3-99 passed by the learned Metropolitan Sessions Judge for producing the statements in the ...... accused, we are of the view that the documents must be produced before hearing under section 265B of the Code so that an accused may take proper defence. 14. In the instant case before us we have noticed that those statements were not transmitted to the Court of Session by the learned Magistrate......rocedure which were filed by the prosecution in the Court of Metropolitan Sessions Judge Dhaka on 16-7-1999 in Metropolitan Sessions Case No.7 of 1999 should not be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdul Kahar Akand w..Category: Criminal Law | Date: | Hits: 45
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....eral—For the Respondents. Writ Petition No.1158 of 1996. Judgment Md. Fazlul Karim J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued ......at the rules made under the section may provide that the breach of any provision thereof shall constitute an offence and may provide penalties by way of fine not exceeding Taka 50,000.00 the impugned notice directing the petitioners to employ at least three Bangladesh cadet officers qualified from M......rying on business of catching fish have stated, inter alia, that the petitioners who have been engaged in catching fish by trawler in the Bay of Bengal which is 100% export oriented industry carrying foreign exchange to the tune between Taka two and three hundred crores equivalent approximately ever..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....pellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appella......g the material evidence on record and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Sessions Judge failed to notice and consider the inconsistencies and contradictions in the evidence of the prosecution witnes......ted 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 months. ..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....Petitioner. Enayetur Rahim, Advocate—For Opposite Party No. 1. Civil Revision No. 3643 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, whic......itation, the law is very clear. Article 178 of the Limitation Act has provided for a period of ninety days for filing in Court of the award. Such period will only commence from the date of service of notice of making the award. We could not find any date when such notice, if any, was at all issued o...... was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, which refused to reject the plaint. 2. Short facts for disposal of the Rule are that on or about 4-8-99 opposite party No. 1 made an application under ..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... Chowdhury with Fedaushi Shorab, Advocates—For Opposite-Party No. 1. Civil Revision No. 2250 of 1999. Judgment Md. Tafazzul Islam J. - This Rule is directed against the judgment and decree dated 25-3-99 passed by the learned Second Subordinate Judge, Artha Rin/ Commercial Court, Dhaka in ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......a in Title Appeal No. 104 of 1998 reversing the judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title..Category: Property Law | Date: | Hits: 32
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
.... Kazi A T Manowaruddin J. - This Rule under Article 102 of the Constitution of the Peoples Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 19-3-94 passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......hairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brief, are that the respondent No. 2 Tofail Ahmed filed IRO case No..Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....Safar Ali and Mozammel Hossain, Advocate—For the Opposite Parties. Civil Revision No. 2046 of 1998. Judgment Md. Iftikhar Rasool J. - This Rule is directed against the judgment and decree dated 31-5-1998 passed by the Additional District Judge, Narsingdi in Title Appeal No.3 of 1998 allo......e committed no error of law resulting in an error of decision occasioning failure of justice and, as such, the Rule obtained by the petitioner is liable to be discharged. 9. In the pleading, it is noticed, the petitioner has made no grievance against enlistment of staff members of Medical Centre ......98 allowing the appeal and setting aside the judgment and decree dated 13-11-1997 passed by the Senior Assistant Judge, Narsingdi in Title Suit No. 29 of 1997 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that, the petitioner as plaintiff brought above suit against..Category: Labour and Industrial Law | Date: | Hits: 99
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
.... No. 1899 of 1995. Judgment Md. Abdus Salam J. - In this civil Revision a Rule was issued calling upon the opposite party Arati Acharjya to show cause as to why the impugned judgment and decree dated 15-2-1995 and 22-2-1995 respectively passed by Mr. Hasan Shaheed Ferdous, learned Subordinate ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......eal No. 46 of 1994 affirming the judgment and decree passed by Mr. Md. Golam Sarwar, learned Assistant Judge, Additional Court No. 3 Chittagong in paribarik Money Suit No. 6 of 1993 allow maintenance for the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly ..Category: Family Law | Date: | Hits: 186
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