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Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
.... Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively passed by the learned District Judge, Chandpur, in Title ......g the defendants to restore the possession should not be taken as personal relief but has to be considered right in rem and whenever any report as to violation of order of the court is brought to the notice of court of justice in that case the court of justice should use the legal sword to stop the ......d 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanen..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....istant Attorney General—For the Respondents. Custom Appeal No. 15 of 2001. Judgment Md. Awlad Ali J.- This appeal under section 196D, the Customs Act, 1969 arises out of judgment and order dated 15-5-2001 passed by the Customs, Excise & VAT Appellate Tribunal, Dhaka in File No. CEVT/C......king delivery of the goods it was detected by the customs detective that the importer the appellant instead of finishing agent imported DOP. The respondent No. 2, the Commissioner of Customs issued a notice to the appellant on 23-10-2000 alleging that the appellant illegally made a false declaration......nt Mr. Hossain, Proprietor of the National Bag Traders opened a letter of credit No. MYB/PB/ Cash/214/ 2000 dated 6-8-2000 through Mutual Trust Bank Ltd. having its principal branch at 7-8, Motijheel for an amount of US $ 45,936 for import of finishing agent from Korea. The appellant received invoic..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ssain, Senior Advocate instructed by M. G. Buiyan, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.145 of 2009. (From the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition N......he facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Daily Ittefaque" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including buil......om the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Divis..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....he Petitioners. Abdul Kuddus Miah, Advocate-For the OppoÂsite Party Nos. 1-15. Civil Revision No. 50 of 1986. Judgment Mahmudul Amin Chowdhury J.- This Rule is directed against the order dated 21.1.1986 passed by the learned District Judge, Comilla, in Miscellaneous Appeal No. 24 of 198...... Order 47 rule 1 of the Code. He submits that the learned Munsif accepted the review petition without strict proof of the allegations. He also argued that no new and important fact was brought to the notice of the learned Munsif and there was no exercise of due diligence on the part of the present o......is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of oppoÂsite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for de..Category: Procedural Law | Date: | Hits: 95
....o the proceedings initiated under this Article is aggrieved by an order of the District Judge made thereunder, it may file appeal to the High Court Division of the Supreme Court within 30 days of the date of the order". Mr. Wadud Khondker also referred to the provision of the Shilpa Bank Order and s......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliÂance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddin Versus Government of Bangladesh, 28 DLR 1976 at page 117.
Lawyers Involved-
Abdul Wadud Khondker, AdÂvocate-for the petitioner.
Syed J.R. Modassir Hossain, Deputy Attorney General- for the Opposite parties..
Category: Banking Law | Date: | Hits: 151
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
.... He denied the defence suggestion of enmity with the accused. He also denied that Shafizuddin JaÂmaddar was murdered by him. P. W.2 Altaf Hossain corroborated PW1 stating that on Wednesday on the date of occurrence he went there at 4-5 P.M. and informant told him that Ezahar Sepai pushed him. P.......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......nal Appeal No. 79 of 1983 Judgment AM Mahmudur Rahman J. - Accused appellant Ezahar Sepai has been convicted under secÂtion 325 of the Penal Code and sentenced to suffer rigorous imprisonment for 4 years and also to pay a fine of Taka 1,000/- in default to suffer rigorous imÂprisonment for ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....l J.- This First MiscellaneÂous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgÂment and order dated 5.7.87 passed by Tribunal No. II of the Bangladesh Bar Council in Tribunal Case No. 4 of 1983,......lant to pay up the bank's dues assuring that in such an event the bank will not take any legal action against the appellant. But the appelÂlant did not comply with that request. Thereafter a leÂgal notice was served on the appellant demanding the bank's money within a certain period failing which ...... II of the Bangladesh Bar Council in Tribunal Case No. 4 of 1983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh du..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ivil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Division should not be set aside after review un......ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... the plaintiffs, Baser and then Yasin died as bachelors. Thereafter died Saiyad Banu leaving behind her husband and children deÂfendant Nos. 2 to 7. Meser was also unmarried and he remained untraced for over 40 years. He was preÂsumed to be dead. His share devolved upon his only surviving brother ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
....No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under secÂtion 115 of the Code of Civil Procedure and is directÂed against the Judgement and decree dated 28.12.1983 passed by the learned Additional District Judge, 2nd Court, Khulna in Title Appeal ......fendant No. 2, the Sub-Divisional Officer (Sadar), Khulna declared the property as abandoned property, in Case No. 33/74-75 who directed the plaintiffs and their tenants to surrender possession by a notice dated 16.1.75. The plaintiffs submitted a show cause where they have submitted all the papers......exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in posÂsession before the registration. Shamsu Ghani thereÂafter mutated his name in the Khulna Municipality and sub..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....spondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition is directed against the judgment and order dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division discharging the......he failed to make repayment of installments in terms of the loan and as per section 12 of the Artha Rin Adalat Ain, 2003. The bank put the said property in auction inviting bid through publication of notice in the Daily National newspapers in September, 2004 and the property has been auction sold ag......n-Record-For the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave ..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ylhet by a domestic flight he was arrested from Zia International Airport, Dhaka by the police under section 54 of the Code of Criminal Procedure in connection with Cantonment PS General Diary No.113 dated 3-4-2001. He was seriously tortured by the police. He was thereafter sent to Dhaka Central Jai......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......lage Bauria, PS Shandip, District Chittagong at present 412/A, Ashkona PS Uttara, Dhaka being detained in Central Jail, Dhaka, under section 3 of the Special Powers Act, 1974, should not be brought before this court so that it may satisfy itself that he is not being held in custody without lawful au..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the preemptor upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 31-03-99 passed by Additional District Judge, Fifth Court at Dhaka in Miscellaneous Appeal No.......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......a in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 passed by Subordinate Judge, Fourth Court at Dhaka in Preemption Miscellaneous Case No. 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agricultural..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....il Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, learned Assistant Judge, 2nd Additional Court, Dhak......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- Md. Abul Quasem vs. Md. Lutfor Rahman and another, 1990 BLD (AD) 3 = 43 DLR (AD) 17; Khandker Abdul Majid vs. Tarapada Dey, 51 ..Category: Property Law | Date: | Hits: 28
....nstance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tri......shall not be included in the total income of the previous year of the person in respect of the income provided the following conditions are complied with, namely:
(a) such person specifies, by notice in writing given to the income tax officer in the prescribed manner, the purpose for which th......rence Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are answered by this judgment. The first ref..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....sers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Room No.901, 9th Floor, 195 Motijheal Commercial Area Dhaka, calling upon the respondents to show cause as to why the order dated 6-5-95 (Annexure-E) issued by the respondent No.-3 the Appraiser, Chittagong Customs House, Ch......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......rs vs. Collector of Customs and others in Writ Petition Nos. 1495 of 1996 and others; Rahmania Vanaspati Product Ltd. Vs. Collector of Customs, 4 BLC 85. Lawyers Involved: Md. Ramjan Ali Sikder for Dr. Kamal Hossain Advocate—For the Petitioner. Mahmudul Islam, Attorney-General with AM Ami..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... Wahidul Haque filed a case bearing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgment and order dated 15-11-1994, dismissed that case. The petitioner then filed writ petition No.2323 of 1994 again......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......st of the abandoned properties on 23-9-1986. Claiming title and possession in this property, the writ petitioner Wahidul Haque filed a case bearing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgmen..Category: Property Law | Date: | Hits: 38
....Judgment
NK Chakravartty J.- This Rule at the instance of defendant-petitioner namely, the Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) RAJUK Bhaban, Dhaka, is directed against the Order No. 14 dated 7-5-2000 passed by the learned Subordinate Judge, 5th Court, Dhaka rejecting the petitioners w...... claim made by the plaintiff-opposite party No.1. The plaintiff-opposite party No.1 then appointed the opposite party No.2 as the Sole Arbitrator. The Sole Arbitrator, opposite party No.2 duly served notices upon both the parties asking them to submit there respective claims, But the defendant petit......itten objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed betwee..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ruction and reconstruction of roads, schools, madrasas and for distribution of relief goods and materials effectively, amongst the people of all unions of the Thana vide Memo No. SMA-BKHAK-2/5/94-762 dated 21-8-96 (Annexure-A). The said Annexure is further reiterated by a directive from the Ministry......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......3. It is stated in the petition that the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding meetings of the Thana Parishad co-ordination committee for ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....ency meeting held on 5-8-99 that the transfer of his aforesaid 10,000 shares to the respondent Nos.2 to 7 was approved, although no such transfer was at all discussed and approved in the said meeting dated 5-8-99. It is stated that even the notice dated 4-8-99 in respect of the said emergency meetin......sfer of his aforesaid 10,000 shares to the respondent Nos.2 to 7 was approved, although no such transfer was at all discussed and approved in the said meeting dated 5-8-99. It is stated that even the notice dated 4-8-99 in respect of the said emergency meeting dated 5-8-98 did not contain any agenda......K Siddique, Advocate —For the Respondent Nos. 11 & 12. Company Matter No. 77 of 1999. Judgment Md. Joynul Abedin J .- This is an application under section 43 of the Companies Act,1994 for rectification of the register of members of the respondent No.1, Meghna Insurance Company Limite..Category: Company Law | Date: | Hits: 203
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... Khandaker A Quaiyum, Advocate — For the Appellant. Not represented —the Respondents. First Appeal No. 99 of 1997. Judgment ABM Khairul Haque J.- This appeal arises out of the order dated 9-4-1997, passed by the Subordinate Judge, First Court, Dhaka, in Money Suit No. 9 of 1997 dis...... slightest hesitation in deprecating this kind of suit and condemn the plaintiff-appellant for the gross abuse of the process of the Court for which he is liable to pay compensatory cost but since no notice was served upon the defendants, we refrain from imposing any cost. However, we are of the ......int, the plaintiff traversed the history of Farakka Barrage since 1961 constructed by the Government of India on the river Ganges which originates from Nepal and passes through India and Bangladesh before it flows down to the Bay of Bengal. The World Bank, the defendant No.1, provided the Government..Category: Others | Date: | Hits: 79
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