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AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... and they are entitled to allotment of alternative plots of land before the completion of the process of acquisition in the LA Case. The respondent No. 3 by notice published in the daily "Janakhanta" dated 12-11-1997 invited applications from the intending persons for allotment of plots in the Uttar...... awardees in the said LA Case No. 2/1987-88 and they are entitled to allotment of alternative plots of land before the completion of the process of acquisition in the LA Case. The respondent No. 3 by notice published in the daily "Janakhanta" dated 12-11-1997 invited applications from the intending ......he respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applications of the petitioners for rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Mod..Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....hmed J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued, calling upon the respondents to show cause as to why the impugÂned judgment and order dated 29-5-2000 passed by the respondent No. 1, the First Court of Settlement, Dhaka in Case No. 377...... Government at any time, or declared abandoned under the President's Order No. 16 of 1972; moreover, before listing the property as abandoned as indicated by the said Gazette Notification, no earlier notice was served upon the original owner the lessee, Md. Mujtaba Siddique or to his transferee, Md.......ers……………………………….Petitioners Vs. First Court of Settlement and others……………..Respondents Judgment August 17, 2006. Lawyers involved: MA Quddus Sheikh for Md. Fazlul Karim—For the Petitioners. Md. Shamsul Haque, Assistant Attorney-General with Ms..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....vision No. 950 of 2000. Judgment AKM Fazlur Rahman J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 9-11-1999 passed by the Subordinate Judge (now Joint District Judge), 1st Court, Mymensingh on......ice-President of the Bank, by a letter dated 23-6-1990 illegally asked him to appear before him at Khulna with all the necessary papers and documents for the purpose of enquiry. He on receipt of such notice informed the defendant No. 6 that due to illness he was not in a position to appear before hi......f, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vi..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....arties. Revision No. 4415 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-respondent-petitioner, is directed against the judgment and decree dated 27-6-2000 and 6-7-2000 respectively passed by the Subordinate Judge, First Court, Mymensingh i......predecessor-in-interest of the present defendant, initiated Miscellaneous Case No. 221 of 1969 in the First Court of Subordinate Judge, Mymensingh against the plaintiff Government and without serving notices upon the Government obtained the impugned ex parte order against the Government and that ord...... Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 b..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....d. Bodruddoza, Advocate—For the Respondents. First Appeal No. 102 of 1986. Judgment Mir Hashmat Ali J.- This Appeal was filed by defendant No. 3 against the judgment and decree dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Cou......Port Authority dated 18-5-1977 that 37 bales of raw cotton were also subsequently delivered in loose and damaged condition. 15. The relevant Rule 6 of Article 3 runs as follows: "Unless notice of loss of damage and the general nature of such loss or damage be given in writing to the ca......nd decree dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Court (Subordinate Judge, 2nd Court) Chittagong. 2. The plaintiff instituted the suit for recovery of money on account of damage of imported cotton. 3. The plaintiffs case, in sho..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....cle 102 of the Constitution has been issued calling upon the respondents to show cause as to why they should not be directed to implement the recommendation of the "Sick Industry Rehabilitation Cell" dated 29-1Â1992 (Annexure B) and why the respondent No. 5 should not be directed to take steps to g......davit-in-opposition, submits that he has nothing further to add on point of law as has already been placed before this court by the learned Advocate for the respondent Nos. 5 and 6 except on bringing notice to Article 7(2) of the Bangladesh Shilpa Rin Sangstha Ordinance, 1972 he submits that in view......respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to narrate briefly, the material fact in chronological order. 3. T..Category: Civil Law | Date: | Hits: 133
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) Judgment ......above circumstances, the plaintiff bank wrote letter to the defendants requesting them to make payments' of the installments and on 20th July, 2000, the plaintiff bank through its lawyer sent a legal notice but no positive step was taken by the defendants. The amount of unpaid outstanding loan stood......hasanul Karim, Advocate (Khairul Alam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the..Category: Civil Law | Date: | Hits: 78
....Petitioner.
Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1.
Not Represented-Respondent Nos. 2-3.
Civil Petition for Leave to Appeal No.294 of 2005.
(From the judgment and order dated 9.11.2004 passed by the High Court Division in Writ Petition No.4695 of 2002.)
Judgment
......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194.......Lawyers Involved:
Md. Aftab Hossain, Advocate-on-Record-For the Petitioner.
Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1.
Not Represented-Respondent Nos. 2-3.
Civil Petition for Leave to Appeal No.294 of 2005.
(From the judgment and order dated 9.11.2004 passed by the Hi..
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....or Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009). ......d by the High Court Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of the notice for auction sale of the properties of the petitioners, published in the Daily Jugantor on 20.......n-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009). Judgment ABM Khairul Haque J.- This is a petition for r..Category: Civil Law | Date: | Hits: 85
....ile attempts on the part of the petitioner to petition the respondent Ministry for the issuance of the NOC. These futile attempts are evident, for example, in the petitioner's repeated communications dated 8-7-2004 (Annexure-'D'), 22-7-2004 (Annexure-'E') and 31-7-2004 (AnneÂxure 'E(1)'). Concurren......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......
Salma Masud Chdwdhury J
Syed Refaat Ahmed J
MGH Infocomm Ltd......................................Petitioner
Vs.
Bangladesh, represented by Secretary, Ministry of Information....Respondent
Judgment
December 14, 2006.
Cases Referred To-
R..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
..... 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District Judge, 1st Court, Tangail in MiscelÂlaneous Appeal No....... acres to the pre-emptee-petitioners behind the back and without the knowledge of the pre-emptor. The pre-emptee-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the pre-emptor. The sale deed with reference to the land under pre-em......plot by way of purÂchase. The pre-emptor has been owning and possesÂsing the 0.20 acres by erecting houses thereon. Be that as it may, on 20-12-1998 the opposite party Nos. 2 and 3 transferred the aforementioned 0.15 acres to the pre-emptee-petitioners behind the back and without the knowledge of ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....—For the Respondent. First Appeal No. 155 of 1999. Judgment SM Ziaul Karim J.- This appeal at the instance of defendant-appellant, is directed against the judgÂment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit ......ide its Office Letter dated 23-1-1990 issued letter of allotment in favour of the plaintiff. The defendant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2-12-1990 and taking ......Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fakir Mohammad, PLD 1976 (Karachi 14). Lawyers involved: TH Khan. Senior Advocate with Md. Mosharraf Hossain Sarder and Md. Mainuddin, Advocates-for the Appellant. Abdur Razzaq, Senior Advocate with Mohammad Hossain, Advocate—For the Re..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
..... 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No.......be a valid agreement on behalf of all the three purchasers, opposite party Nos. 1 to 3, to reconvey. Absence of execution of the alleged agreement by or on behalf of Arafat Hossain wholly escaped the notice of the Courts below. 12.The trial Court, on the deposition of witÂnesses of purchaser......id J Muktar Hossain and others……. Petitioners Vs. A Matin Sarker and others……. Opposite-Parties Judgment January 29, 2007. Lawyers involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. ..Category: Property Law | Date: | Hits: 27
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....t Syed Mahmud Hossain J.- This Rule was issued on an application for revision filed by the plaintiffs under section 115(1) of the Code of Civil Procedure (the Code) against judgment and decree dated 30-7-1987 passed by the learned Subordinate Judge, 1st Commercial Court, Chittagong in Other C......hed Alam Khan, the learned Advocate appearing for opposite party Nos. 3, 12, 14, 16 and 18, submits that the suit as framed was barred under section 91 of Local Government Ordinance, 1976 as no prior notice was issued before its institution. He lastly submits that the provisions made in section 91 o......by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sultana vs. Maksuda Parvin 8 BLC 168. Lawyers involved: AKM Abdul Hakim for Kamal-ul-Alam, Advocate — For the Petitioners. Md. Khurshid Alam Khan, Advocate—For t..Category: Property Law | Date: | Hits: 25
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....death imposed upon accused Md. Roushan Mondal @ Hashem upon finding him guilty under section 6(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, ("the Ain") by the judgment and order dated 13-1-2004 passed by him sitting as the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and Additio......n away by a subsequent enactment as that would deprive the youthful offender of his vested right given by the said Act, which was enacted under the powers given by the Constitution. He brought to our notice Writ Petition No. 3356 of 2006 where sections 3 and 20(7) of the Nari-o-Shishu Nirjatan Daman......No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, 1st Court, Jhenaidah is placed for confirmation of the sentence of death imposed upon accused Md. Roushan Mondal @ Hashem upon find..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....M Shahjahan, Moinuddin and Md. Ariful Islam, Advocates—For Respondent No. 1. First Appeal No. 95 of 2003. Judgment SM Ziaul Karim J.- This appeal is directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 2......ed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried to secure the "Deed of tripartite agreement/sale deed" but in vain. Finding no other alternative, the plaintiff served a legal notice upon the defendants requesting them to execute and register sale deed but with no effect; tha......creeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 216..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....al—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 con......arandha of their house wherein accused Abul Kalam and deceased Joynur were living. The body bore multiple of marks, injuries at the neck and mouth. PW 1, Anowara Khatun, mother of the deceased, first noticed the dead body to whom the accused admitted his guilt. Then Munsur Ali, cousin of deceased Jo......ated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 convicting the appellant under section 302 of the Penal Code and, sentencing him to suffer imprisonment for life. 2. The prosecution case put in a nutshell is that the deceased Joynur Khatun alias Chho..Category: Criminal Law | Date: | Hits: 40
....use why the disciplinary action or punishment shall not be taken against the petitioners for their illegal anti-disciplinary activities and also asked them to give reply within 10 (ten) days from the date of issuance of "Kaifiat Patra". The petitioner's submitted explanations but those were found un......ed" examination in the above subject held on 18-10-2002. The result of the said examination of the petitioners was kept withheld without showing any cause whatsoever. After a long slumber of months a notice of "show cause" was served upon the petitioners under Memo No. জাতি/পানি/অà......have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the examination held in the year 2000 u..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....nquiry Report dismissed him from service on 15-2-1997. 3. Being aggrieved by the order of dismissal the petitioner sent a grievance petition to the respondent No. 2 employer by registered post dated 28-2-1997. But the respondent No.2 company did not cancel the order of dismissal. Being aggrie......o work as Haracal Machine Man in 'Ka' Shift in Mill No. 2 of the respondent No. 2 Company and for misconduct a charge was framed against the petitioner on 12-8-1996. Since his reply to the show cause notice was not satisfactory the respondent Company formed one-member Enquiry Committee to investigat......ions against him on 12-8-1996. The petitioner gave reply to the charge framed by the respondent No. 2 Mill Authority. Without considering his reply the Mill Authority constituted an Enquiry Committee for investigation of the matter. The Enquiry Committee was not neutral. The petitioner was not given..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
.... 2 under registered post regularly but having no result. 5. The respondent-company having failed and neglected to make payment of this admitted indebtedness, the petitioner sent a statutory notice dated 9-7-94 under section 163 of the Companies Act calling upon the respondents to pay the petition......de GD Entry to the Motijheel Police Station. The petitioner has further stated that three years period as provided under the agreement expired on 25-10-92 and the petitioner continued to give written notices to respondent No. 2 under registered post regularly but having no result. 5. The responde......ner. Shamsul Huda, Advocate—For the Respondent No. 2. Abdur Rashid, Advocate—For the Respondent No. 4. Matter No. 12 of 1995. Judgment Md. Fazlul Haque J. - This is an application for winding up of Banani Metal Limited, a Private Limited Company having its registered Office at 60..Category: Company Law | Date: | Hits: 239
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