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Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84......., Rule 13 of the Code of Civil Procedure by the petitioner for setting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting certain land. 2. The petitioner who was pre-emptee in the a......appearing on behalf of the opposite parties faintly submitted that as the learned court on consideration of evidence on record came to a finding that summons was duly served, the order impugned was a legal order and should not be set aside. 4. From reading the Judgment of the Court below and th..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
.... appellant and was accepted by him before commencement of the trial with other accused persons, the appellant cannot be prosecuted for breaking the condition of his pardon without the necessary and proper certificate of the Public Prosecutor and without prior sanction for prosecution from the High......West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor, AIR 1925 Lahore 15, Chanan Singh Vs. Emperor, AIR 1920 Lahore 376, Soliyan Vs. Emperor, 1930 M.W.N. 773, Aziz Vs. State PLD 1969 Lahore 1071, Dip Chand Vs. Emperor AIR 1935 Lahore 799, Emperor vs. Probhu AIR 1937 Lahore 551, Emperor vs. Mathwia, AI......ecution from the High Court Division. He submits that in the present case no sanction has been obtained from the High Court Division by the prosecution and as such the trial of the appellant is illegal and without Jurisdiction. He also submits that the prosecution at the trial failed to prove th..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....ol Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District Sylhet or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner's case in short is that he along with respondent Nos. 5-8 contested the......School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District Sylhet or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner's case in short is that he along with respondent Nos. 5-8 contested...... and (3) Moria Union Parishad were duly completed. But pollings in 6 (six) centres of- (1) Charkha Union Parishad (2) Mathiara Union Parishad and (3) Tilpara Union Parishad were marred by various illegal and corrupt practice and for safety of the conducting staff and the voters pollings were s..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......vt. & Rural Development & others........................................Respondents Judgment December 8, 1988. Lawyers Involved: Dr. Kamal Hossain, with Amirul Islam, J.N. Deb, B.K. Das and Kazi Shahabuddin, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hos......ion of the respondent No. 5 as elected Chairman of the said Union Parishad, despite his being statutorily disqualified, should not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner along with other candidates ..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Sonali Bank represented by its Managing Director and another…….........Petitioners Vs. Meghna Vegetable Oil Industries Ltd. & ors……......at Sonali Bank Ltd. as lender of enterprises of Meghna Group of Industries could not be thrust with loan liability and there was no cause of action against Sonali Bank Ltd. and the plaintiffs have no legal character for claiming the status of declaration and that the plaintiffs in suit did not come ..Category: Procedural Law | Date: | Hits: 81
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
.... as "Badda Meftahul Ulum Madrasha" being EC. No.17260 which is the Waqf lillah, contending, inter-alia, that the defendant No. 5 in collusion with the defendant No.1 have been trying to grab the waqf property illegally and also filed an application for appointment for receiver in the aforesaid waqf ......nt: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Haji Noor Nabi Mollah being dead his legal heirs Haji Amir Jan Begum and others……....Petitioners Vs. Ahammad Ali and others ...........Respondents Judgment......ate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Haji Noor Nabi Mollah being dead his legal heirs Haji Amir Jan Begum and others……....Petitioners Vs. Ahammad Ali and others ....Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......ses out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the Income Tax Ordinance the assessee M/s Aleaf Enterprise appeared before the Deputy C......ollowing the principle laid down by the Privy Council in the Colonial Sugar Refining Company case and also having regard to some other leading case, the propositions were expended as under: “The legal pursuit of a remedy, suit, appeal and second appeal are really but steps in series of proceedi..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....for the accused appellants, submits that the learned Assistant Sessions Judge was manifestly wrong in convicting and sentencing the accused appellants under sections 386/387 of the Penal Code without properly weighing and sifting he evidence on record and the same has occasioned failure of justice. ...... Ed. This Case is also Reported in: 54 DLR (2002) 464.......e first information report Exhibit 1. 14. In cross-examination he stated that he did not inform the police of the occurrence on the night following 1-1-1997 when the accused persons had demanded illegal toll from him. He stated that his father, four brothers and their wives and other members of t..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....r dated 16-1-1985 a loan of Taka 8,00,000 was allowed in favour of M/s. Sygal Brothers. He proved the sanction letter dated 16-1-1985 (Exhibit 1). He also stated that Md. Mamunur Rahman mortgaged his properties mentioned in the second Schedule to the plaint in favour of the bank. Besides, he proved ...... High Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Pubali Bank Ltd………….……………….. Appellant Vs. Md. Mamunur Rahman and Another………. Respondents Judgment December 9, 2001. Case Referred To- Sulta......t suit praying for a decree for Taka 16,45,750. He also stated further that in violation of the terms and conditions mentioned in the sanction letter the defendant in collusion with earlier manager illegally kept wheat in the godown instead of the goods to be pledged but as a matter of fact even no ..Category: Civil Law | Date: | Hits: 79
....0-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the petitioner’s late husband asking him to vacant possession of land claiming the same as Railway property within 7 (seven) days from the date of serving of the notice with a threat that necessary a......48.......Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect.
2. The case of the petitioners Mrs. Doris Begum is that the land comprising an area..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Shamsul Huda J Moniruzzaman (Md.)……..…………………Petitioner Vs. ANM Didar-e-Alam and others ….Opposite Parties Judgment June 18, 2002. Cases Referred To- Ali Akkas......d petitioner by letter dated 3-7-2000 about the said dishonoring of his cheque and demanded payment of his dues but the accused has not paid the complainant’s dues. Thereafter, the complainant sent legal notice to him on 18-7-2000, which the accused refused to receive and, as such, he defaulted to..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....n Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of 29.41 acres was never treated...... as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......d in Schedule A to the plaint measuring an area of 29.41 acres was never treated as enemy property and that notification No. 6330 EPMC dated 31-7-1965 published in Dhaka Gazette dated 4-11-1965 was illegal, without jurisdiction and not binding upon the plaintiffs. 3. The case of the plaintiff, in..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Tajul Islam ………………Petitioner Vs. Gobinda Prashad Das and others……….Opposite Party Judgment November 30, 2000. Cases Referred To- Dalpat......hed away money from him and after getting such direction of accused No. 3, the accused No.2 snatched away Taka 300 from his pocket which the accused No. 2 gave to accused No.1 Tarani Mohan Ghosh as illegal gratification. At that time, the persons present protested this sort of behaviour meted out to..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......nal Jurisdiction)
Present:
SAN Mominur Rahman J
Md. Abdul Quddus J
Bangladesh Anabic Shakti Commission Karmachari Union......Petitioner
Vs.
Member, Labour Appellate Tribunal, Dhaka and others…………..Respondent
Judgment
December 3, 2000.
Cases Referred To-
AIR 1......udgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitioner’s Union vide Memo No. RTU (22) 97/642/1 (7) dated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registrat..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....n the documents submitted by the petitioner Company or whether any illegality or irregularity has been committed the petitioner will be determined in adjudication but in the instant case, without any proper adjudication at the investigation stage the respondents had taken shelter of section 13(3) of......sion (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: ......rious allegations were prima facie established against the petitioner whereupon the respondent No. 2 suspended the warehouse licence on valid ground and in suspending the licence did not commit any illegality. In the Affidavit-in-Opposition the petitioner also denied the statements of fact made by t..Category: Fiscal/Taxation Law | Date: | Hits: 63
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....sed in Title Appeal No. 192 of 1993 by the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-pe......med……………………Petitioner Vs. Badrun Nessa Chowdhury……………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—......2) of rule 1 Order XXIII of the Code of Civil Procedure and in the instant case though the application for withdrawal of the suit with liberty to sue afresh on the self same revision, yet there is no legal bar in granting such application inasmuch as this revision is a subsequent proceeding which fo..Category: Procedural Law | Date: | Hits: 83
....se situation arose in December, 1999 when the petitioner was going to hold Ashekey Rasul Shammelon on 3-12-99. Mr. Hakim has pointed out that there was a serious clash between the two groups and huge property, both of Government and private, were damaged and some innocent civilians lost their lives....... is also Reported in: 54 DLR (2002) 413....... ensure their protection. The petitioner wants to get this relief in view of the fundamental right as guaranteed under Article 41 of the Constitution. Article 41 is reproduced below to appreciate the legal position as to what the freedom signifies:
“41. (1) Subject to law, public order and mora..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....oral and documentary, and the law bearing on the subject and passed the impugned judgment with reference to the material evidence on record. The learned District Judge, as the final Court of fact, on proper assessment of the evidence on record, clearly found that the plaintiff has title in the suit ......09.......rein. The case of the plaintiff Deity in Other Suit No. 49 of 1976 is that taking advantage of the abnormal situation prevailing in the country during the war of liberation the contesting defendant illegally filled up the said pond and eventually dispossessed the plaintiff completely on creating fra..Category: Civil Law | Date: | Hits: 69
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ner’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 23-10-2001 issued by respondent No.1 as evidenced by......ed by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (Annexure-A) shall not 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 outs..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
.... 13/83 stood dismissed on 16-9-84. It has been contended that the trial Court should have corrected its own mistake under section 151 of the CPC as it is evident from the order dated 14-7-84 that the proper information to the petitioners as to the arrival of the case record was not made in accordanc......the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f the Code of Civil Procedure this court is invested with the power to make such order in a case as it thinks fit. Furthermore section 151 of the Code of Civil Procedure codifies the well established legal principle that every court has inherent power to act ex debito justitiae so that real and subs..Category: Procedural Law | Date: | Hits: 62
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