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Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....t Nos. 1 and 2. Civil Revision No. 3616 of 1996. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the Opposite Party Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of......up to the date of their cessation from directorship and similarly they also owed Taka 8,69,890.87 to the plaintiff No.2 up to the date of the cessation from their Directorship and they would be given notice to pay the same and if they fail to pay, legal steps will be taken to realise the money and i...... and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit ..Category: Company Law | Date: | Hits: 197
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....mstances, a Division Bench of the High Court of East Pakistan made the following observation: “When a specific case has been started in relation to the alleged activities of the detenu on a certain date, the same activities should not, in fairness, be taken as a reasonable basis for making an orde......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ....... Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....amsul Huda J.- This appeal is directed the instance of the convict appellants Nur-e-Alam, Md Abdur Razzaque, Md Joynal Haque alias Joynal, Nurul Islam and Md Lebu Miah against (the judgment and order dated 12-10-1993 passed by the learned Additional Sessions Judge, 1st Court, Tangail in Sessions Cas......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......ed Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2(two) ye..Category: Criminal Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....ent Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appeal Board in Appeal No. 2-34-98 (App......oard were not correct in refusing to approve and accept petitioners bid and that further in making the order for leasing out the fishery afresh upon calling fresh offer through well circulated tender notice. He also submits since the petitioner on the execution of the lease deed and that upon delive......apara Beel, popularly known as Gacher Jouar fishery, hereinafter, in short, the fishery, situates in the police station Salla, Sunamgonj; that as per policy regarding leasing of fishery that has been formulated at the level of Ministry of Land and that circulated for the guidance of the officials at..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....nul Islam Mondal, Advocates- For the Opposite Party No.1. Civil Revision No. 4687 of 1998. Judgment Md. Abdul Aziz J .- Defendant No.1 as petitioner obtained this Rule challenging the order dated 21-9-1998 passed by Mr. Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of ......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
.... Advocate—For the Petitioner. M R Hasan, Advocate—For the Respondents. Writ Petition No. 4736 of 1999. Judgment Md. Abdul Matin J. - In this Rule the judgment and order Nos. 65 and 66 dated 22-11-99 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chitt......barak Re-rolling Mills and thereafter filed Mortgagee Execution Case No. 6 of 1997 in the aforesaid court. 3. For the realisation of decretal amount by sale of the mortgage properties auction sale notices were duly published and auction sale were fixed on 25-11-1998, 11-8-1999 and 8-11-1999 where......inate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the City Bank Limited..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....he amount of the cheque, or with both: Provided that, nothing contained in this section shall apply unless— a. The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier, b. The paye...... this time also returned the said cheque as unpaid on 26-10-2000 with similar comment that is, the fund is insufficient in the account. 4. Thereafter, the complainant-opposite party served a legal notice upon the accused petitioner on 6-11-2000 being registered with A/D through his lawyer which w......r section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the a..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....his Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts w......ioner. The said company also filed a Title Suit before the Court of District Judge, Dhaka, being Title Suit No. 30 of 2000 wherein they also filed an application for injunction whereupon a show cause notice was issued upon the present petitioner. It appears that thereafter the present petitioner wit......Party No. 1. Contempt Petition No. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-200..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....ing out of an application under section 115 (1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-respondent Santi Bushan Deb is directed against the judgment and order dated 30-4-1994 passed by the learned Subordinate Judge, 2nd Court, Comilla in Miscellaneous Appeal ...... spite of offer in time and also gave assurance to the petitioner that after getting instruction from the higher authority rent would be received. On 1-6-1991 the opposite party-appellant bank sent a notice upon the petitioner respondent mentioning that he was a defaulter for non-payment of rent in ......eous Appeal No.127 of 1992 reversing the judgment and order dated 9-6-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla in Rent Control Case No. 59 of 1991. 2. Short facts relevant for disposal of the Rule are that the petitioner-respondent instituted House Rent Control Case No.59..Category: Property Law | Date: | Hits: 34
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....or hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 1993, Rules were issued calling upon opposite party i.e. Pubali Bank to show cause as to why the orders dated 16-3-93 passed by the learned Subordinate Judge, Satkhira in Money Execution Case Nos. 5 of 19......a) of the Form of the said Execution case, prayed for sale of the moveable as well as immovable properties of the opposite parties the particulars of which were described therein. After receiving the notice of the said execution case the opposite parties appeared and filed written objection stating,......posite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 199..Category: Civil Law | Date: | Hits: 82
Kashem Vs. State, 2001, 30 CLC (HCD)
....pellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case No. 63 of 1......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......t of GR Case No. 439(2) and Bhairab Police Station Case No. 5(4)95 dated 17-4-95, convicting accused appellant Kashem under section 19(A)(f) of the Arms Act and sentencing him thereunder to suffer RI for 10 years and to pay a fine of Taka 3000, in default, to suffer RI for a further period of one ye..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
....rul Haque Chowdhury, Senior Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Civil Miscellaneous Petition for Leave to Appeal No. 940 of 2010 (From the order dated 24.10.2010 passed by the High Court Division in Writ Petition No. 8558 of 2010.) Order: ...... suspension, was forwarded to him to hand over his duties to the Panal Mayor-2 within 3(three) days purportedly under subsection (2) of section 31 of the Local Government (Pourashava) Act, and also a notice was issued upon him to show cause within 7(seven) working days as to why he would not be remo......oner. Rokanuddin Mahmud, Senior Advocate (with Mansurul Haque Chowdhury, Senior Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Civil Miscellaneous Petition for Leave to Appeal No. 940 of 2010 (From the order dated 24.10.2010 passed by the High Court Div..Category: Civil Law | Date: | Hits: 104
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....ner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 10-8-89 passed by the Assistant Judge, 4th Court, Dhaka in Title Execution Case No.2 of 1987 r...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......dsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Advocate — For the Petitioner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgme..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....ainst those persons. 4. We have perused the Annexures specially Annexure D which is the supplementary charge-sheet. It is true that this charge-sheet was submitted after about three years from the date of submission of the first charge-sheet. It further appears that actually the further investiga......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......nt Attorney-General—For the State. Criminal Miscellaneous Case No. 1100 of 1999. Judgment Md Hamidul Haque J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in respect of the present petitioner of Sessions Case No. 83 of 1997 pe..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
...., Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 con......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......d by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 convicting appellant No.1 Joynal Bhuiyan under section 302 of the Penal Code and sentenced him thereunder to imprisonment for life and convicting appellant No.2 Sultan Ali Bhuiyan under section 201 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....om commission of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......he train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularl..Category: Criminal Law | Date: | Hits: 82
.... Ebadul Hoque J. - This Rule was issued at the instance of the 2nd party petitioner Shebait Mobanta Sree Kedar Nath Achari calling upon the opposite parties to show cause as to why judgment and order date 28-2-99 passed by the Additional Sessions Judge, Nawabganj in Criminal Revision No.61 of 1998 s......harya @ Achri. Thereafter on 22-4-91 Officer-in-Charge Gomostapur PS submitted a report to the Upazila Magistrate to draw up a proceeding under section 145 by the said court as in spite of service of notice under section 154 of the Penal Code and arrest of the petitioner and opposite party No.1 situ......dditional Sessions Judge at the instance of the opposite party No.1 is revisable under section 439 of the Code of Criminal Procedure petitioner impugned that orders under section 561A of the Code and for that reason by order dated 29-11-99 this Rule has been fixed for hearing without hearing the app..
Category: Criminal Law | Date: | Hits: 32
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
.... Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal who was detained for a period of 30 days unde......edly committed by him and mere pendency of the cases of 1996 can not authorise the authority to detain the detenu under Special Powers Act in 1999. Regarding Gournadi PS Case No.4 dated 20-8-99 it is noticed that the name of the detenu is neither in FIR lodged by the father of the victim nor in the ......- This Rule was issued calling upon the opposite parties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order date..Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
.... learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upon the Opposite Party No. 1 to show cause as to why the order dated August 31, 1997 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No...... the property described in schedule to the plaint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintiffs of the s......as to why the order dated August 31, 1997 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.27 of 1997 should not be set aside. 2. The portrayal of the essential facts forming the background of the issuance of the Rule is that the petitioners of this Rule Sree Sree Go..Category: Civil Law | Date: | Hits: 66
.....
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul Aziz J.- This Rule was obtained by the petitioner Md. Ahsan Ullah calling upon the respondents to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petitio......of Rule 5A of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended up to date. That the petitioner while was discharging his duties as such the respondent No.2 issued the aforesaid notice vide Annexure ‘A’ for appointment of Nikah Registrar for each ward of a union and pursuan......A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation of the impugned orders vide Annexures ‘A’ and ‘B' was stayed by th..
Category: Employment/Service Law | Date: | Hits: 76
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