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.... Building Finance Corporation Order, 1973 or the Bangladesh Krishi Bank Order, 1973, or the Co‑Operative Societies Act, 1940, or the Customs Act 1969 or for the recovery of any loan advanced by the Government or for the recovery of any money referred to in Article 15 of Schedule 1 the certificate ......arpur Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without law..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tarique Rahman………………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary A......vocate, instructed by Mrs. Mahmuda Begum, Advocate-On-Record-For the Respondent No.3. None Represented- For the Respondent No.4. Civil Review Petition No. 32 of 2011. (From the judgment and order dated 09.02.2011 passed by this Court in Civil Petition for Leave to Appeal No.10 of 2011) ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....l of the same proceeding under section 339D of the Code of Criminal Procedure suo motu without having any material for such revival before the court and without any application filed on behalf of the Government by the public prosecutor is bad in law and hence the proceeding cannot be allowed to cont......09 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. Pending disposal of the Rule, all further ..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... Advocate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ....... An application for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated 13.4.88. The petitioner who is the purchaser took an appeal there from to the learned Di..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....ure‑D which is the receipt granted by the Mirzapur Branch of Bangladesh Krishi Bank on 8.12.91 also shows that the petitioner paid the said defaulted amount on 8.12.91. Section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 clearly provides that "A person shall be disqualified......tion paper). He has repaid the said loan on 8.12.91. As he did not have the qualification to file nomination paper as a candidate for the office of the Chairman (of the Union Parishad concerned), the order of rejection of the nomination paper passed by the Returning Officer, therefore, is upheld." ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....n Vs. The Province of the Punjab reported in PLD 1949 Lahore, 219 decreed a similar suit making a declaration in favour of the plaintiff that the order of dismissal from his service of the Provincial Government was void and inoperative and that he remained in service at the date of institution of th...... Suit No.43 of 1984 dismissing the suit. 2. The plaintiff‑appellant instituted the aforesaid suit against the Agrani Bank and 4 others of its officials for a declaration that (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the s..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 201...... J.- In this application under Article 102(2) (a) 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 order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by re..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......appellant preferred the instant First Appeal before this Court.
7. Mr. M. Khaled Ahmed, the learned Advocate appearing for the appellant in the course of argument has taken us through the impugned order passed by the Artha Rin Adalat, deposition of witnesses namely, P.W.-1 and D.W.-1 and other ma..
Category: Civil Law | Date: | Hits: 217
....at Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), 35 DLR (AD) 216; Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Noor Mohammad Khan & others Vs. Government of the People's Republic of Bangladesh & others, 42 DLR (1990) 436; Moinuddin Ahmed a......Title Appeal No.177 of 2005 and affirming that dated 08.06.2005 of the learned Joint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the dispos..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....dent No.5. Respondent No.6 Md. Aminul Huq, son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal......………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Ra..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....y in keeping with the provisions of the Act No.13 of 2003. It goes without saying that the BERC is an independent and neutral regulatory body. The BERC is a bridge serving as a referee in between the Government, private sector and energy consumers. The petitioner has not come up with the. Writ Petit...... by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, a..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....he affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect. 4. Though Syed Alamgir Faruk Chowdhury per chance also happens to be a Government servant, but the aforesaid impugned order (Annexure‑E) has been passed by him in his pr......ur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tribunal (copy o..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......etitioner New Eastern Trading Corporation Limited represented by its Managing Director, from service in its factory at Kanchpur, PS Sonargaon, District Narayangonj) to show cause why the decision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....arned Advocate argued that these persons are the proper persons to depose that nothing has been received or no forms have been printed as ordered by appellant Abdul Hakim. He further submits that the Government has provided the appellant with a motor cycle and sanction for fuel and repairing of the ......wo appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant Sessions Judge and Special Judge, Meherpur who by judgment and order dated 1.11.90 found appellant Abdul Hakim of Criminal Appeal No.1180/90 guilty of the charge u..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......t or other proceeding to show in it that a document or a decree has been proved against him by his adversary, in that suit was obtained by fraud without having it set aside. When subsisting judgment, order or decree is set by one party as a bar to the claim of other, the latter can show that the jud..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......e property under section 9 of the Act. Subsequently the Inspecting Joint Commissioner of Taxes, Range‑11, Dhaka (South) Zone, Dhaka in exercise of his power under section 34A revised the assessment order relating to assessment of income from house property on the ground that allowances given by th..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....She contends that in the earlier suit filed by the petitioner the relief sought for was that the petitioner is the owner of the land in suit and preparation of the record of rights in the name of the Government under khas Khatian was wrong. In the subsequent suit also the relief sought for was that ......um and Abdur Rashid, Advocates ‑ For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 423 of 1984 Judgment AM Mahmudur Rahman J.- This Rule is directed against an order dated 2.6.1984 of the Munsif Fulbaria Upazila rejecting an application filed under section 10 ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....escribed in the revisional application as opposite party No.2 "deceased Sree Jagannath Bondopadhya, son.") instituted the above mentioned suit against the present petitioner Sk. Shamsuddin Ahmed, the Government and the Additional Deputy Commissioner (Revenue), Khulna as principal defendants and some......f 1988 (Jessore). Judgment DM Ansar Uddin Ahmed J.- This rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the order passed on 6.1.88 by the Subordinate Judge, 2nd Court, Khulna adding two persons as opposite pa..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....ho passed the impugned order as contained in Memo No.Shiksha/III/90/551 dated 28.8.90 Mr. Shah Habibur Rahman, the learned Advocate for the petitioner, has drawn our attention to the Recognised Non‑Government Secondary School Teachers (Board of Intermediate and Secondary Education, Dhaka) Terms an...... - For the Opposite Parties. Writ Petition No.1977 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Building Dhaka, und..Category: Employment/Service Law | Date: | Hits: 59
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