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M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....in one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification and within the stipulated time the petitioner by letters dated 9‑7‑99, 16‑8‑99 and 22‑9‑99 asked him to complete the works in accordance with the......unds withdrew the order of blacklisting by his letter dated 11‑2‑2000, Annexure‑H. But the contractor, in spite of such withdrawal of the order of blacklisting by the petitioner, issued a legal notice dated 14‑2‑2000 on the petitioner calling upon him to withdraw the order of blacklisting ......hen the petitioner went on leave preparatory retirement, he was posted as the Commanding Officer of the 9th Armed Police Battalion, Khulna. The petitioner appointed respondent No. 6 as the contractor for the electrical wiring of two tin‑shed barracks, construction of 4 latrines, 2 bathrooms and in..Category: Anti-Corruption Laws | Date: | Hits: 138
....olved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 vide A......hile the petitioners were in peaceful possession of 5.61 acres of land in plot Nos.64, 90, 99, 101,103 of CS Khatian No.24, Respondent No.4 (the then Deputy Commissioner, Dhaka, now Gazipur) served a notice upon petitioner No.1 under section 3 of the East Bengal (Emergency) Requisition of Property A......igh Court Division
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Aliluddin and others………..Petitioners
Vs.
Ministry of Land Administration and Land Reforms & others…….Respondents
Judgment
May 25, 1999.
Lawyers Involved:
ANM Gazi..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
.... Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an application ma......o option was left but to send the case record back to the trial Court for disposal of the case. The trial Court is hereby directed to dispose of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also......g an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petit..Category: Civil Law | Date: | Hits: 69
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....For the Respondent No. 6. Writ Petition No. 7796 of1997. Judgment Syed JR Mudassir Hussain J.- The petitioner calls in question the proceedings contained in File No. 173-97/TA; FO/3/20069 dated 26-11-97 (Annexure C) and Memo No. 173-97/A: FO;/3/20748 dated 4-12-97 (Annexure D) communicat......he persons claiming under him as his heirs. Since the petitioner was not given vacant possession by the said Shamsur Rahman property of Jaleel Brothers the respondent No. 7 issued a demand of justice notice demanding vacant possession by evicting the persons therefrom and for which the petitioner ha......ered indenture of lease deed dated 5-10-55 and the sons late Moula Bux being partners of the said firm constructed thereon a 3(three) storied building with partial semi-pucca construction. 3. The aforesaid-partners, on mutual consent, dissolved the said partnership business on 30th June 1970 and ..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... Ahmed, Advocate —For the Petitioner. Not represented —the State. Criminal Revision No. 30 of 1993. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 14-10-92 passed by the Additional District Magistrate, Manikganj in Criminal Appeal No. 2 of 1...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......e passed by the Magistrate of the Second Class, Manikganj in CB Case 54 of 1998 convicting the accused opposite parties under section 379 of the Penal Code and sentencing them thereunder to suffer RI for one month and to pay a fine of Taka 500.00 in default, to suffer RI for a further period of 15 d..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
.... Rabiul Alam Chowdhury, Advocate-For the Respondents. Appeal from Original Decree No. 328 of 2001. Judgment Md. Abdur Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 20......e contract. He could not say how many deeds he executed outside the contract. He further said that the, time expired on 31‑3-1986. The contract stood rescinded on 313‑1986. He did not serve any notice in this regard. There was no talk of sale of land at the rate of Taka 5 or 10 lakh per pakhi.......Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 2001, which decreed the suit for specific performance of a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 M..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....o. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Bishes Adalat No. 2 in Nari‑o......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......alat No. 2 in Nari‑o‑Shishu Nirjatan Daman Case No. 172 of 2002 convicting him under sections 7 and 9(1) of Nari‑o‑Shishu Nirjatan (Bishes Bidhan) Ain, 2000 and sentencing him to imprisonment for life and a fine of Taka 5000 in default, to suffer rigorous imprisonment for 6 months more for c..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....nt Amirul Kabir Chowdhury J.- The petitioner in Writ Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noak......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......rit Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noakhali) Police Station Case No. 11 dated 12‑8‑2001 unde..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....re that on the request of one Md. Salauddin (the plaintiff in Title Suit No. 56 of 1987) the National Bank Ltd., Khulna Branch, Khulna ('NBL' for short) opened a letter of credit being No. 7‑9‑86 dated 3rd March, 1986 for US$ 2,79,500 in favour of Navegadora Panocenica SA (the defendant No. 5 in......s a reasonable time for such a purpose in case of a bank in Hong Kong. 23. Article 14(d)(i) of ICC No. 500 effective from January 1, 1994, revises the earlier provision and now provides for giving notice for refusal of documents within seven banking days. 24. The case of Hing Yip Hing Fat Co. ......No. 202 of 1993 with Appeal from Original Decree No. 204 of 1993. Judgment ABM Khairul Haque J.- The First Appeal No. 202 of 1993 and First Appeal No. 204 of 1993 are taken up together for hearing because both the appeals arose from the same transaction although there are two separate..Category: Business or Commercial Law | Date: | Hits: 202
.... the Applicants.
Writ Petition No. 6970 of 2002.
Judgment
Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. Paribesh 4480/2204 dated 1611‑2002 of respondent No. 2 issued under the signature of respondent No. 3 directing the......gle condition of Environment clearance certificate was violated by the petitioner. Allegation of pollution was made by Ferdous Ara‑Khanam on 13‑11‑2002 and before holding the alleged inquiry no notice was given to the petitioner and actually no evidence was taken from the local people and, in ......ther or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitioner filed an application before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (P..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was invited pursuant to an order dated 9‑12‑97 passed by the High Court Division in Admiralty Suit Nos. 46 of 1996 and 61 of 1997......Nos. 5 and 7 the other items form integral part of the ship. Therefore, they cannot be separately classified and no customs duty can be levied upon them. To resolve this question we may take judicial notice of the fact that when a ship is imported as scrap vessel, it requires a special treatment for......he said vessel to subsequently been added in this Rule at his instance as co‑petitioner No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was invited pursuant to an order dated 9‑..Category: Fiscal/Taxation Law | Date: | Hits: 77
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....kar Chakroborty, Advocate—For the Opposite Party. Civil Revision No. 2517 of 1990. Judgment Md. Ruhul Amin J. - The Rule has been obtained by the plaintiff against the judgment and decree dated 15-11-1990 of the Court of Subordinate Judge, Cox’s Bazar in Other Appeal No. 148 of 1988 af......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......ভাবে বিবিধ প্রতিকার পাইতে পারে তাহা পাওয়ার ডিক্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground ..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....98. Lawyers Involved: Nurul Haque, Advocate—For the Petitioners. Nikhilesh Dutta, Advocate —For the Opposite Parties. Civil Revision No. 988 of 1993. (From the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989) Jud......gainst him and for the vindication he brought false allegations against the plaintiff to the effect that he had given higher marks to some of his favourite students and thereafter served a show cause notice upon the plaintiff asking him to show cause within 3 days as to why penal action for miscondu......yanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Title Suit No. 91 of 1989, for declaration that order No. 63 dated 11-9-89 dismissing the plaintiff from the post of the Assist..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
.... Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Shoeb Ahmed, Assistant Attorney-General—For the State. Criminal Revision No.63 of 1999. (From judgment and order dated 27-10-98 passed by the learned Sessions Judge, Comilla in Criminal Appeal No. 27 of 1997). ......watch at the cost of Taka 60,000.00 during the marriage ceremony. After marriage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to......riage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to demand dowry from her and used to cause mental and physical torture to her..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 22-6-1998 of the respondent No.3 reopening income tax cases of the petitioner for six years fr......ter dated 22-6-1998 of the respondent No.3 reopening income tax cases of the petitioner for six years from 1992-93 to 1997-98 (Annexure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declare......Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Responden..Category: Fiscal/Taxation Law | Date: | Hits: 132
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....l Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11‑2001 now pending in the Court of the Chief Metropolitan Magistrate, Chittagong shoul......r telephone but those were of no avail and ultimately, the petitioner totally denied to have had any transaction with the complainant. 3. Finding no other alternative the complainant sent a demand notice on 16‑10‑2001 but it came back unserved on 12‑11‑2001. The complainant accompanied by......he proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11‑2001 now pending in the Court of the Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Facts relevant for disposal of the above Rule, in brief, are that Mr. Mohammad Ali, Managing Director, M/S KIY Stee..Category: Civil Law | Date: | Hits: 83
....under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No.2862/Solicitor/96-312/4 dated 13-9-98 purported to have been issued by respondent No. 2 Mr. Ali Ashwad Bhuiyan, Assistant Se...... Special Public Prosecutor. While the petitioner was discharging his duties with sincerity and honesty having examined 7 witnesses by the prosecutor, all on a sudden on 13-9-98 without any show cause notice or without giving any chance of hearing arbitrarily and with malafide motive at the instance ......of the Supreme Court of Bangladesh. He was appointed as Special Prosecutor in pursuance of the order dated 8-5-97 passed by the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for Leave to Appeal No.350 of 1997. In compliance of the said order the petitioner along with anothe..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....f 1991. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the pl......lso thrust upon the plaintiff a transformer valued at Taka 1.50 lac and the value of that was also deducted from cash credit amount. Their case is that before the loan became due the defendant issued notice asking for repayment of the same. The plaintiff also asserted that in 1988 there was an audit...... Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA credit he applied before the local Sonali Bank Feni for establishment o..Category: Civil Law | Date: | Hits: 72
....
Judgment
Md. Ali Asgar Khan J.- This Rule was issued at the instance of the petitioners being the heirs of late Mi Akbar calling upon the respondents to show cause as to why judgment and order dated 15-9-97 passed by the respondent No.1 in respect of District Jessore PS Kotwali, Mouza Sankarp......unicipal taxes. The case property was duly mutated in the name of their predecessor late Md. Ali Akbar and they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an object...... they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an objection before the respondent No.3. Respondent No.3 by its letter dated 3-1-83 rejected the objection filed by..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... 5. Writ Petition No. 4546 of 2003. Judgment MM Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned actions excluding the names of the 292 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 ...... Judgment MM Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned actions excluding the names of the 292 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respondent No.......64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ..Category: Employment/Service Law | Date: | Hits: 134
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