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Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
.... 2. In Writ Petition No. 2711 of 2004, Rule Nisi was issued calling upon the respondents to show cause as to why the office order under the sigÂnature of respondent No.4 vide Memo No. 607(4) Nikha dated 12-5-2004 cancelling Nikah Registry licence of the petitioner Md. Mahbbubul Alam, issuing fres...... petitioners submitted, that the impugned orders were passed in the respective writ petitions in gross violation of section 11 of the Muslim Marriages and Divorces (Registration) Act, 1974 in that no notice was ever served upon them before cancellation of their licences. It is also subÂmitted by th...... Nozral Islam Chowdhury J.- These two writ petiÂtions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common quesÂtion of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions by a single judgment. 2. In Wri..Category: Civil Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 112 of 2008)......recting the respondent No. 1 to submit the statement of assets of his own and his famÂily members including his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The responÂdent Nos. 1 and 2 have also challenged the iniÂtiation and continuation of the ......”For the Petitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 20..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....1-1995 under Article 2B(2) of the Bangladesh Citizenship (Temporary Provisions) Order, 1972 (President’s Order 149 of 1972). But since respondent No. 3 did not renounce his USA citizenship till the date of election on 12-6-1996, he became disqualified to contest the said parliamentary election and......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......sport No. 701185593 and thus became disqualified to contest the parliamentary election held on 12-6-1996 and also to continue as a member of parliament in view of Article 66(2)(c) of the Constitution for acquisition of citizenship of a Foreign State. Similarly, the petitioner in Writ Petition No. 32..Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
.... Abul Hasnath with MGH Ruhullah, Advocates —For Opposite Party No. 1. Civil Revision No. 3901 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the Judgment and Order dated 19-10-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1 Dhaka allowing the Miscell......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41....... party No. 1 under section 151 of the Code of Civil Procedure restoring the Title Suit No. 139 of 1999 arising out of Title Suit No. 32 of 1995) to its original file and number. 2. The short facts for the purpose of disposal of this Rule are that the opposite party No. 1 as plaintiff instituted T..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....aling convict Giasuddin, Gobra @ Ensu Mondal, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in t......ndal has simply statÂed in his evidence that dead bodies of five victims were recovered from a well and he identified dead body of victims. He also omitted to mention in his evidence what feature he noticed in the dead body of each victim and how it helped him to identify each dead body. So his evi......and appelÂlant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial beÂfore the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 1979 on char..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....of the first party. In such circumstances there is a serious apprehension of breach of peace and a proceeding need be drawn. On the aforesaid application, the learned Upazila Magistrate by Order No.1 dated 5.11.86 diÂrected the second party-petitioners to show cause and meanwhile directed the parti......y in question. 2. The short fact that will be necessary for disÂposal of this Rule is that on the application of the First Party under section 144 of the Code of CrimiÂnal Procedure a show cause notice was served upon the Second party-petitioner. In the aforesaid petition it is stated that the ...... Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment Latifur Rahman J. - In this Rule the Second party-petitioners have prayed for quashing the proÂceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal ..Category: Criminal Law | Date: | Hits: 32
.... 1985.
Judgment
Mustafa Kamal J. - This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the reÂspondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made wi......er of acts of ownership and possession in respect of the disputed property upto January, 1974. He paid insurance premium for the period in question and the receipts are Annexure-B series. He received notices from the Gulshan Municipality for assessment years 1972-73 to 1974-75 and these are Annexur......an and others, P.L.D. 1975(S.C) 397; Zamiruddin Ahmed vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318.
Lawyers Involved:
Rafiqul Huq with Md. Fazlul Haque-for the PeÂtitioner.
Syed J.R. Modassir Hossain, Deputy Attorney General-for the Respondent.
..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R. No.89 of ......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85......./431 of the Penal Code arising out of Boalia P.S. case No.36 dt. 19.2.85 should not be set aside. 2. Upon an F.I.R. lodged by the petitioner with the Boalia Police Station, the police started the aforesaid Boalia P.S. Case No.36 dated 19.2.85 and on completion of investigation submitted charge sh..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the......ot the machineries surveyed by their appointed surveyor and after havÂing obtained the survey report the plaintiff wrote to the defendant in Japan by letter dated 10th April, 1985 and took it to the notice of the defendant that some of the machineries and accessories were not supplied by the defend......gment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....flect and assurance was given to him that he would not be given back to police custody rather ho would be sent to judicial lock up. The conÂfessional statement of appellant Dablu was recorded on the date on which he was arrested. The Magistrate being satisfied that the confessional statement was vo......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......udgement here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansaruddin Ahmed J The State …………………Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....y. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting aside an order dated 3.12.86 passed by the Subordinate Judge and Commercial Court No.1 Dhaka in Money Suit No. 287/......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......an Khan Advocate, with S.A.Haider Chowdhury, Advocate - For the petitioner. Kazi Golam Mahbub, Advocate — For opposite party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908..Category: Civil Law | Date: | Hits: 88
....1.
Judgment
NK Chakravartty J.- This Rule at the instance of defendant-petitioner namely, Titas Gas Transmission and Distribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1......mpany headed by some 10/12 persons went on 7-8-2000 to the mills site and in the name of servicing the machineries entered into the mills premises and disconnected the gas line on the day without any notice of show cause. Finding no other way, the Oil Mills filed a petition on 17-8-2000 under sectio......ribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defend..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....General- ÂFor the Respondents. Writ Petition No. 1791 of 1997. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Notification dated 17‑6‑1996 vide Annexure-F should not be declared to have been issued without lawful author......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......the petitioner is the proprietor of IM Corporation and carrying on business of import, inter alia, of Steel GI Pipe. The petitioner opened a Letter of Credit bearing No. 1761296122 dated 30‑10‑96 for an amounts of US$ 37,267.90 for import of 8680 pieces of Steel GI Pipe under HS Code No. 7306.50..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....rit Petition No. 3215 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi issued calling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for worke...... apply and that section should be read with rule 15 of the Minimum Wages Rules, 1961. After taking us through the above provisions of law, he has finally submitted that as there was no publication of notice as provided under rule 15 of the above Rules, the petitioners New Age Garments Ltd. and other......alling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done il..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....ner. MA Samad with MGH Ruhullah, Advocates—For the Opposite Parties. Civil Revision No. 4008 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 1999 rej......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......ent and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 1999 rejecting the petitioner’s application under section 24 of the Code of Civil Procedure for transferring the Title Suit No. 153 of 1998 pending in the Court of 5th Subordinate Judge, Dhaka..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....passed by 75% issued shareholders as per Article 51 of the Articles of Association. Upon searching the petitioner found that the particulars of the Board of Directors submitted on 2-8-92 and a letter dated 6-10-96 submitted by the petitioner were missing from the office of the Assistant Registrar of......rporation of the company it started catching fish in the Bay of Bengal. But the Finance Director Mr. MA Karim did not submit any accounts to the Board of Directors. The Managing Director gave several notices and reminders on 25-9-95, 8-10-95 and 11-6-95, even then no financial statement to the Board......pondent No. 1 is a private limited company incorporated under the Companies Act, 1913 on 12th February, 1992. One of the main object clauses is to own and operate trawlers and other vessels or crafts for the purpose of catching all kinds of fishes, shrimps, marine products and Sea Foods, etc. 3. ..Category: Company Law | Date: | Hits: 220
....ill dispose of the above three Rules.
2. The Rules were obtained by defendant Nos. 1 and 2 upon making three revision applications under section 115 of the Code of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. O......ng out of rights and titles which formed the subject-matter of such an agreement or award.
4. Even if no such defence has been taken but at any stage of suit before a court of law, it comes to its notice that the subject-matter of the suit has been adjudicated upon by arbitration in pursuance of ......ode of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the ..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistant Judge, Sadar, Bhola in Miscellaneous Case......2 on 22‑2‑1994 also filed an application under Order XXXIX rule 1 read with section 151 of the Code seeking for temporary injunction in respect of the suit land. The trial Court issued show cause notices upon the defendant-petitioners, along with it also granted ad‑interim injunction restraini......r, Bhola in Miscellaneous Case No. 12 of 1996 arising out of Title Suit No. 28 of 1994 directing the petitioners to furnish security bond within 7 days, should not be set aside. 2. Material facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instit..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in Misce......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......f 1992 against the opposite parties Nos. 1 and 2 as pre‑emptees under section 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the ca..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....00. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have b......r he had opportunity to reach Grade L‑6, whereas from the status and post of darwan he can go up to Grade L‑3, and that the change of his status and transfer has been made arbitrarily without any notice to or consent of the petitioner and that as per terms and conditions of his appointment lette......ed from "unskilled Worker" to "Darowan" by order dated 10‑11‑1999 and the petitioner in compliance to that order joined the new post of Darowan but submitted a representation dated 14‑11‑1999 for his reinstatement in his previous post and position as "unskilled labour" and that such change o..Category: Labour and Industrial Law | Date: | Hits: 71
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