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State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

.... instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the High Court Division in Criminal Miscellaneous Case No.27040 of 2009) ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......, Advocate-on-Record- For the Petitioner. Abdul Majid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the Hi..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....t he did not do any wrong intentionally. We were not satisfied with the explanation. Therefore, on 11.2.2010 we directed the Deputy Director to "submit a written explanation about his report. On that date we also directed the victim to appear in person before this Court on 28.2.2010. On that date th......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......t of Bangladesh and Others, (2009) 14 BLC 694=(2009) 29 BLD (HCD) 415. Lawyers Involved: Md. Salahuddin Dolon, petitioner in person, Ms. Sara Hossain, co-petitioner No. 2. Syed Mamun Mahbub-for respondent No.3. Writ Petition No. 4495 of 2009. Judgment Syed Mahmud Hossain J.- On 2..

Category: Constitutional Law | Date: | Hits: 201

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....n the strength of a Miscellaneous Case under Order 9, rule 4 of the Code of Civil Procedure in the face of efficacious remedy by way of appeal provided in the Code itself. 2. Propriety of an order dated 24-5-1987 recorded by learned Munsif (now Assistant Judge), Kachua, Chandpur in Miscellaneous ......Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure. 3. Facts essential and requisite for the purpose of answering to the question posed may succinctly be stated and noticed. 4. Petitioner of this Civil Revision Petition as plaintiff land a suit being Title Suit ......Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored..

Category: Procedural Law | Date: | Hits: 83

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

....arita Sen Gupta, Advocates—For the Petitioners. Md. Imam Ali, Advocate—For the Opposite Parties. Civil Revision No. 4673 of 1991. Judgment Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 2...... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280....... of 1991. Judgment Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question. 2. Short facts relevant for the purpose ..

Category: Civil Law | Date: | Hits: 91

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....Daidalia Union Parishad in the Union Parishad Election held on 20-12-1997 and published in Official Gazette on 3-3-1998 was declared as a whole void on allowing Election Petition, the successful candidate i.e. Elected Chairman as petitioner invoked this Court’s Civil Revisional Jurisdiction on lay...... to as Ordinance of 1983, Section 22 of the Civil Courts Act of 1887 hereinafter described as Act of 1887 and section 24 of the Code of Civil Procedure hereinafter known as the Code may profitably be noticed. 19. Sub-section 4 of section 29 of Ordinance of 1983 enshrines that any person aggrieved......has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ..

Category: Election Law | Date: | Hits: 89

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....r section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on 01-11-1987) passed by the learned Subordinate Judge, Chandpur in T......e the money. On 7th May the defendant intimated the plaintiff that he had been waiting till 7th May at Dharapuram and would wait till 10th to conclude the sale, the plaintiff though received the said notice on 8th May, did nothing, as such, the defendant on 10th May intimated him that the contract w......d decree dated 23-12-1985 (Decree drawn on 01-01-1986) passed by the Munsif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside. 2. The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) ..

Category: Civil Law | Date: | Hits: 94

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

.... as an ordinary money suit as covered by the Civil Procedure Code the petitioner could have filed an appeal on payment of ad valorem court fee only, on the decretal amount and within 90 days from the date of the decree, But as the instant suit has been decided as an Artha Rin Case an appeal could be......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......er took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 5..

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ogether and disposed of by the Single Judgment as the common question of law and facts are involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure ‘A’ issued by the respondent No.2 to have been issued without any lawful a......ent Nikah Registrar for Ward Nos.15, 16, 17 of Dhaka City Corporation which were subsequently renumbered as Ward Nos. 46, 47 and 48. Upon the allegation of solemnisation of marriage of a minor couple notice was issued to him to show cause as to why his licence shall not be revoked. The petitioner sh......1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts ..

Category: Constitutional Law | Date: | Hits: 109

Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

....e—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the Additional District Judge, 2nd Court Dhaka in Miscellaneous Appeal No...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......nd the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant No..

Category: Administrative Law | Date: | Hits: 146

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....ite Parties. Civil Revision Nos. 58, 125 of 2001 Judgment Abdur Rashid J.- The Rule in Civil Revision Case No.58 of 2001 was on 21-01-2001 obtained by added defendant No. 4 against an order dated 29-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 by whic......gum. On 27-11-95 the suit land was burnt to ashes by a fire. Then 411 shop owners who were possessing the suit land formed the plaintiff-samity. On 24-12-96 defendant No.1 Waqf Administrator served a notice of eviction upon them. Thereafter, through negotiation defendant No. 3 Official Mutwali grant......one after another, and is now being disposed of by this order. 4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 ..

Category: Civil Law | Date: | Hits: 84

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....etitioners. Garib Newaz with Maksuda Akhter, Advocates—For the Opposite Parties. Civil Revision No. 2376 of 1998. Judgment Md. Abdul Matin J.- This Rule is directed against order No.19 dated 24-5-1998 passed by the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. ......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......y the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to t..

Category: Procedural Law | Date: | Hits: 90

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....es being same they are heard together and are being disposed of by this judgment. 2. Reference application No.43 of 1994 relates to the assessment year 1985-86 and arises out of judgment and order dated 21-3-94 passed in ITA No. 860 of 1989-90 (Assessment year 1985-86) by the Taxes Appellate Trib......t directing the Deputy Commissioner of Taxes to accept the accounts in its entirety as per section 82(1) of the Income Tax Ordinance, 1984. (ii) Whether the Taxes Appellate Tribunal failed to take notice that the DCT did not come to any finding that the entry in the books of accounts was not corr......assed by the Taxes Appellate Tribunal, Dhaka, Division Bench-1, Dhaka in ITA No. 79 of 1993-94 (Assessment year 1990-1991). 7. In all these reference applications the following questions have been formulated for our opinion: (i) Whether the Taxes Appellate Tribunal was justified in not directi..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

.... Rahman with Fazlul Haque, Advocates—For the Respondent. First Appeal No. 180 of 2000. Judgment Md. Abdur Rashid J.- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decre......1,060.00. He further claimed Taka 2,00,61, for 75.69% of increase of the work. 3. Having received no response from the representation made to the Chairman, the plaintiff was constrained to serve a notice upon the defendant on 16-8-1984 under chapter 66 of the contract for appointment of an arbitr......e defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is ..

Category: Civil Law | Date: | Hits: 132

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....2 of 1997. Judgment Mahfuzur Rahman J.- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the .......- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate J......udgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of th..

Category: Procedural Law | Date: | Hits: 81

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....10. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.62 of 2009. (From the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 200......we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......hers……………......Respondents Judgment February 11, 2010. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.62 of 2009. (From the judgment and order dated the 20th day of August, 200..

Category: Banking Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

.... Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not repre­sented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the High Court Division in First Appeal No. 324 of 1997.) Judgment ......9.1978 and that the said purchasers Mosst. Mahmuda Khatun and others in turn sold the suit land by registered sale deed dated 13.01.1979 to the defendant No.1, which prior to purchase published legal notice in the daily newspaper on 01.01.1978 about the purchase of the suit land and did not receive ......itioners Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not repre­sented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the..

Category: Property Law | Date: | Hits: 38

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

.... by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 158 of 2009. (From the judgment and order dated 03.06.2008 passed by the High Court Division in Writ Petition No.661 of 2004.) Lawyers Invo......spension on 12.09.1995 on the allegation of driving bus No. Cha-8373 on ramp without due authorization and as such caused damage to the tune of Tk.85,000/- and as such he was served with a show cause notice. 3. The petitioner submitted his reply deny­ing the material allegation made therein to t......cate-on-Record-For the Petitioner. Badruddoza, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 158 of 2009. (From the judgment and order dated 03.06.2008 passed by the ..

Category: Labour and Industrial Law | Date: | Hits: 79

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

.... Mrs. Sufi a Khatun, Advocate-on-Record-For Respondent Nos.4 & 6. Not represented- Respondent Nos.1-3, 5. Civil Petition for Leave to Appeal No.2067 of 2009. (From the judgment and order date 23.07.2009 passed by the High Com Division in Writ Petition No.5351 of 2000. Judgment Md......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Mrs. Sufi a Khatun, Advocate-on-Record-For Respondent Nos.4 & 6. Not represented- Respondent Nos.1-3, 5. Civil Petition for Leave to Appeal No.2067 of 2009. (From the judgment and order date 23.07.2009 passed by the H..

Category: Trust/Waqf Law | Date: | Hits: 185

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....ate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 2007 passed by the High Court Division in Matter No.174 of 2006). Judg......ate Limited 11,15,366.00 IDLC 1,1 6,087.00 Total Tk. 18,21,70,289.13 31. Pursuant to an order of this Court dated 11.12.2006 notices were issued upon the respondents and notices of pres­entation of this application were publ......s dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 200..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

.... General, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 10 of 2001. (From the judgment and order dated the 25th day of July, 1996 passed by the High Court Division in Writ Petition No.1413 of 1988)......ransferred the case property to the writ-petitioner by way of a registered kabala dated 24.04.1974 and delivered posses­sion who also got his name mutated. Thereafter, the writ petitioner received a notice asking him to vacate the case prem­ises. He then instituted Title Suit No.57 of 1976 in the ......hman was in possession the same was recorded in his name during S.A. operation in S.A. Khatian No. 194 and S.A. Plot No.772. Abdur Rahman was a Bangladeshi national who was all along residing in the aforesaid holding with other members of his family. While Abdur Rahman was in exclusive possession he..

Category: Property Law | Date: | Hits: 24