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Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....M Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed budget fo......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......r the Respondents. Writ Petition No. 1995 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imp..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

.... being apprehensive of above move the petitioner No. 4 on behalf of slum dwellers of Balur Math Basti Section Block ‘E’ approached Bangladesh Human Rights Commission which sent the same vide Memo dated 3-12-91 (Annexure-L) to Prime Minister to stop above proposed allotment in the said Basti as p...... stated that Balur Math area was the acquired land of the government and unauthorised dwellers on the land were evicted with the help of police force accompanied by Magistrate on 28-4-93. Before that notices were issued on 21-4-93 and duly served on the dwellers. Besides, arrangement was made for an......g of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dw..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submitted by the learned Deputy Attorney-General be kept with the record. 2. ......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......torney-General—For the State. Criminal Miscellaneous Case No. 7428 of 2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submi..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....vision No.172 of 1997. Judgment Md. Abdur Rashid J.- This Rule was obtained by plaintiff upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 12-6-1995 passed by Subordinate Judge, 3rd Court, Barisal in Title Appeal No. 298 of 1993 affi......Exhibit No.4. Then, Afsar Ali Howlader and Mokter Ali Howlader sold the suit lands to Tayeb Ali by a registered deed of sale dated 10-4- 1967, Exhibit No. 4(Ka). 20. The trial Court also found the notice Exhibit No. 2 by which Kali Mohan annulled all the encumbrances and his employees collected r......tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

.... Judgment Md. Abdur Rashid J. - This Rule was obtained by the defendants upon an application under section 115 of the Code of Civil Procedure, in brief the Code, against Judgment and order dated 28-08-95 passed by the Subordinate Judge, Second Court, Kishoreganj in Miscellaneous Appeal No......he termination of the plaintiff’s service was not done under the SO Act but under rule 17(ii) of the Banks (Staff) Service Rules which is permitted under section 3 of the SO Act. This Division also noticed that in 44 DLR (AD) 260 the termination was issued in 1981 and the Rupali Bank was brought i...... plaintiff was dismissed from service under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon ..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....edure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order dated 5-7.19......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......section 480 of the Code of Criminal Procedure, convicting the said accused under section 228 of the Penal Code and sentenced him to pay a fine of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature of the respondent No. 2 the Authorised Offi......an order to allow the petitioners No.210 deposit the rent to the Rent Controller and he has been depositing the rent. 5. The respondent No. 2, the Authorised Officer, RAJUK issued the impugned notice dated 22-11-1999 (Annexure-E) to the respondent No.4 the owner of the house endorsing a copy ......vocate—For Respondent No.4. Writ Petition No. 95 of 2000. Judgment Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show c..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

....Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......f 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No. 42 o..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....ate examined the complainant on 31-12-94 and sent the complaint to the Assistant Commissioner (Land) for enquiry and report. Thereafter on the basis of enquiry report, the learned Magistrate by order dated 13-7-95 took cognizance of offence under sections 467/471/109 of the Penal Code against petiti......ners filed the said forged order before the Assistant Commissioner (Land) Mirzapur for correcting the record of rights in their favour, that pursuant thereto, the Assistant Commissioner (Land) issued notice upon the complainant who on enquiry ascertained that petitioners filed a forged copy of the o......iscellaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....entally. The report has further stated that the respondents are releasing the women and children from the vagrant homes along with a sum of Tk.5,000.00 plus a sewing machine or alternatively a consolidated sum of Taka 7,000.00 but such act has resulted in a diabolical fraud of the authority played o......ing them free to go with their so-called family members without any verification as to their identity. The protest by the various organisations including parent organisation of the petitioners went unnoticed to the residents of Nimtali and Tanbazar. The armed miscreants blocked the passage of the pe......is Case is also Reported in: 53 DLR (2001) 1. ..

Category: Constitutional Law | Date: | Hits: 264

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

.... Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August, 2008 passed by the High Court Division in Writ Petition No.5291 of 2006......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......titioners. Abul Kalam Mainuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August..

Category: Property Law | Date: | Hits: 26

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....8) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by the High Court Division in Writ Petition No.4310 of 2001.) With ...... No.1 company, M/S Amin Agency and  accordingly the writ respondent No.1 company was given under the control and authority of the Privatization Commission (writ respondent No.6) who published tender notice dated 22.01.2001 in the news paper (Annexure-E) on 30.01.2001 for sale of the respondent No.1......ecord-For Respondent No. 3 (In Civil Miscellaneous Petition No.231 of 2008) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by ..

Category: Property Law | Date: | Hits: 33

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by Appellate Division in Criminal Miscellaneous Case No. 174 of 2008.) ......700/-. The cheques were deposited with the United Commercial Bank for encashment but the said cheques were dishonoured due to insufficient fund on 18th May, 2006. Thereafter on 23rd May, 2006 a legal notice was issued on behalf of the complainant upon the peti­tioner but the said notice was returne......-on-Record-For the Petitioner A.B.M. Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by ..

Category: Criminal Law | Date: | Hits: 34

A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)

....tructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 1681 of 2009. (From the Judgment and order dated 04.03.2009 passed by the High Court Division in First Miscellaneous Appeal No.33 of 2006) J...... in the claims case. Mr. Alam further submits that the claims case, under Sections 130 and 131of the Motor Vehicles  Ordinance, 1983,  envisages an enquiry into the claims of the claimant after due notice to the insurer of the motor vehicle and that having not been done, the judgment and order pas......ecord-For the Petitioner. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 1681 of 2009. (From the Judgment and order dated 04.03.2009 passed by the..

Category: Civil Law | Date: | Hits: 96

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

....s. AKM Zahirul Huq, Additional Attorney General, instructed by Ibrahim Khalil, Advocate-on-Record-For the Respondent. Criminal Appeal No. 48 of 2008. (From the judgment and order dated 07.08.2004 passed by the High Court Division in Criminal Appeal No.323 of 1996.) Judgme......r under Section 307 and can not be tried under both the sections simultaneously and accordingly separate conviction and sentence is not warranted by law for such offence but such fact has escaped the notice of the Courts below. The learned Advocate referring to the injury (medical) report and the de......nur Rahman J.- This Criminal Appeal by leave granted on 19.08.2008 in Criminal Review Petition No.6 of 2008 is filed against the judgment and order dated 23.07.2007 dis­missing the Criminal Petition for Leave to Appeal No.1 of 2005, which arose against the judgment and order dated 07.08.2004 passed..

Category: Criminal Law | Date: | Hits: 45

Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)

.... S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.294 of 2009. (From the judgment and order dated 10.07.2008 passed by the High Court Division in Civil Revision No.3370 of 2007) Judgmen......ase in its favour in pursuance of lease agreement dated 02.08.1983, for a period of 25 (twenty-five) years which was subsequently extended to 55 (fifty-five) years on amendment of the lease by giving notice for 90 (ninety) days under clause 14 of the lease-agreement. Being aggrieved, the petitioner-......ioners. Murad Reza, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.294 of 2009. (From the judgment and order dated 10.07.2008 passed by t..

Category: Civil Law | Date: | Hits: 90

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....ed: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by the High Court Division in Civil Revision No. 3710 of 2004.) Judgme......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......spondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by t..

Category: Property Law | Date: | Hits: 17

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passed by the High Court Division in Civil Revision No.2334 of 2005) Jud......A. plot no. 2261 of S.A. khatian No. 729. Holding that the deeds are out and out sale and that the petitioner is a co-sharer in M.R.R. khatian No.729 of plot No.2261. The learned Assistant Judge also noticed that on the same date of execution of the deed of exchange, the respondent Nos. 2-6 transfer......or the Petitioner. M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passe..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....an, Advocate-on Record-For respondent Nos. 1 & 2. Not represented- For respondent Nos. 3-57. Civil Petition for Leave to Appeal No.2011 of 2009. (From the Judgment and Decree dated 16th August, 2009 passed by the High Court Division in Civil Revision No.5266 of 2004) ......of the High Court Division erred in law in interfering with the judgment and decree of the Court of appeal below without reversing the find­ings arrived at by the Court of appeal below in failing to notice that the plaintiffs predecessors being Korfa tenants under the land lords, who are in continu......Uddin Ahmed, Advocate-on-Record-  For the Petitioner. Mazibur Rahman, Advocate-on Record-For respondent Nos. 1 & 2. Not represented- For respondent Nos. 3-57. Civil Petition for Leave to Appeal No.2011 of 2009. (From the Judgment and Decree dated 16th August, 2009 pa..

Category: Property Law | Date: | Hits: 25

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

....vocate-on-Record-For Respondents Nos. 1-4 and 7. Not represented- Respondent Nos. 5, 6 and 8-23. Civil Petition for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by the High Court Division in Civil Revision No.57 of 2003) Order ...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......owdhury, Advocate-on-Record-For the Petitioner. Mazibur Rahaman, Advocate-on-Record-For Respondents Nos. 1-4 and 7. Not represented- Respondent Nos. 5, 6 and 8-23. Civil Petition for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by t..

Category: Property Law | Date: | Hits: 43