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Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....For the Opposite Party No.1. Civil Revision No.2171 of 2005. Judgment Md. Abdul Wahhab Miah J.- This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 of 20......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ...... May 26, 2008. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 9, rule 8 Whether the cause of action to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....actual commission is alone punishable. In the case of Yeshwant Sitaram Desai Vs. Jaisingaro A Rane, AIR 1974 Goa-4, 'any' under section 81 of Representation of the People Act, 1951 interpreted a candidate, not a candidate in the entire process of election of parliament or assembly. In section 82(b) ......………(12) The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); section 138 In section 138 of the Act the drawee on receipt of the information from the Bank is bound to issue the notice within a specified period. Cheque has a validity for six months and one can present the chequ......ule is made absolute. Words and phrases Any The word “any” used with singular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....d Abdur Rashid J.-The above Rule NISI was issued asking the respondents to show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of Gulshan PS Case No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of t......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ...... No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority an..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....as issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitioners, calling upon the opposite parties to show cause as to why the impugned order dated 08-01-2004 passed by the learned Magistrate, First Class Jessore, in C.R. Case No.549 of 2003 ....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......nst the petitioners alleging, inter alia, that Nitol Motors Ltd. a business concern dealing in vehicle of different, models and in between 21-03-2000 to 20-05-2000, accused No.1 applied in prescribed form of the Company to purchase live trucks by installments, through the appointed dealers of the Co..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
.... after liberation of Bangladesh, they are citizens of this country by birth and otherwise and they are therefore entitled to be enrolled in the electoral rolls and registered as voters. On the prayer dated 05-02-76 of Mrs. Rajibun Nessa, mother of petitioner No. 2 and 6 and grandmother of petitioner......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
...... in number obtained the above Rule as residents of Football Ground Camp at Mirpur excepting petitioner No. 3, resident of Non-local Relief Camp at Mirpur.
3. Their common case, in short, is that before and after creation of Pakistan on 14 August 1947, the ancestors of the petitioners as well as o..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
.... M.I. Farooqui with Md. Ruhul Quddus- For the Respondents. First Appeal No.181 of 2004. Judgment Md. Abdul Wahhab Miah J.-This first appeal is directed against the judgment and decree dated 31.03.2004 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.59 of......e took place on 20.06.53, yet the number of the certificate case shows that it was started in 1952 being No.60 of 1952-53. It is also very pertinent to keep in mind that before auction sale notice under section 7 of the Public Demands Recovery Act, 1913 (the Act) must have been served afte......t Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. kh..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
.... upon the Deputy Commissioner, Habigonj to show cause as to why the accused petitioners should not be enlarged on bail in G.R. Case No.116 of 2006 arising out of Madhabpur Police Station Case No.09 dated 09-05-2006 under sections 323, 302, 149 of the Penal Code, now pending in the Court of Magis......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......st Class, Cognizance Court No.3, Habigonj. At the time of issuance of Rule the petitioners namely 1. Abdul Alim alias Chuttu and 2. Alim Miah alias Md. Abdul Halim were enlarged on ad-interim bail for a period of three months directing to furnish bail bonds to the satisfaction of concerned autho..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....dvocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting......in section 2(kha) of the Artha Rin Adalat Ain, 1990. He next submits that paragraph 12 of the plaint shows that the plaintiff-bank by several letters demanded the outstanding dues and served legal notice upon the defendant on 16.10.2001 but inspite of that the defendant did not adjust the outsta...... No.2, National Bank Ltd. as plaintiff instituted Money Suit No.14 of 2002 in the 1st Artha Rin Adalat, Chittagong against the defendant-petitioner named Shrimp and Fish Processing Plant Ltd. for realisation of its outstanding dues totaling Tk. 78,59,681.37 with interest at the rate of 16%..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ce of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the Judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to as th......iew in the case of Gaziur Rahman Vs. State reported in 1991 BLD 11. 69. The learned Advocate for the accused appellant raises the question that some incriminating materials were not brought to the notice of accused appellant at the time of examination under section 342 of the Code of Criminal Pro......o Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment fo..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....ce of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to as th......iew in the case of Gaziur Rahman Vs. State reported in 1991 BLD 11. 69. The learned Advocate for the accused appellant raises the question that some incriminating materials were not brought to the notice of accused appellant at the time of examination under section 342 of the Code of Criminal Pro......o Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment fo..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....nt Nos. 3 and 4. Writ Petition No.2547 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be decla......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......n Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1 is illegal, void and not binding upon him a......ransfer of the suit, it would be better if the provisions as laid down in section 24 CPC be quoted below. Section 24 CPC runs as follows: 24. (1) On the application of any of the parties and after notice to the parties and-after hearing such of them as desire to be heard, or of its own motion wit......Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....ashid J.- The above Rule NISI
was issued against cancellation of the license for holding arms and also
seizure of the licensed pistol of the petitioner along with ammunition pursuant
to an order dated 27.03.02 of respondent No.2, the Deputy Commissioner at
Chittagong at the instance of the.......
5. After
cancellation of the license and seizure of the license, arms and ammunition,
the respondents did not take any step for returning them. Consequently, the petitioner
served a legal notice through his lawyer on 03.07.02 for return of the arms,
ammunition and license but received n......
Result:
The Rule is made
absolute.
The Arms Act, 1878 (Act No. IX of 1878);
section 26
Deputy Commissioner or Officer-in-charge
of a police station is not government for the purpose of cancellation of arms license
Failure to deposit the arms
only, even wit..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....Revision No.593 of 2004.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.-This Rule was
issued calling upon the opposite party No.1 to show cause as to why the
impugned judgment and order dated 5.2.2004 passed by the learned Joint District
Judge, 2nd Court, Gaibandha in Miscellaneous Ap......
pre-emptee-petitioner is a co-sharer by purchase and the opposite party No.2
sold the five decimals of land to the pre-emptee-petitioner, at a consideration
of Tk.20,000/- on 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew no......n 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....oreign University with at least 2 years' experience as a qualified Town Planner. 6. The Ministry of Housing and Public Works issued the impugned Circular under Memo No.Sha-2/3p-l/2003/49 dated 7-2-2004 issued by respondent No.3, Assistant Secretary promoting the respondents Nos. 5, 6, 7......ী সচিব 7. Though the said circular was issued but ultimately the said circular was not published in the gazette notification. Subsequently, the petitioner came to know that the said, notice was issued in violation of Recruitment Rules 3(2) and Serial No.4 the Recruitment Rules. As t...... Urban Development Directorate according to object and policy of the Gazetted Officer (Urban Development Directorate) Recruitment Rules, 1974, so that the cities are planned in a manner which is safe for its inhabitants for future. In view of such requirement, universities around the country now con..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....te-For the Opposite Party. Civil Revision No. 49 of 2001. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in ......ed on the cases reported in 43 DLR (AD) 225, 9 BLT (AD) 69, 6 BLC (AD) 36 and 5 BLD (AD) 77. 9. Mr. Mohammad Ali finally on referring Exts.4, 5, 5(ka) and 6 submits that on several occasions the notice under section 106 of the Transfer of Property Act was returned as undelivered which shows tha......ed upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose o..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ule is discharged. Accuser’s right to file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But un......ttara Branch, Dhaka against the accused petitioner's current account No.11014947 for encashment. As there was no sufficient fund, the cheques were dishonoured. The complainant issued a legal notice dated 23.10.2005 according to section 138 of the Negotiable Instrument Act, 1881 for rep...... file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conviction has to f..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....vil Revision No.1760 of 2006. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the opposite party No.1-3 to show cause as to why the impugned judgment and decree dated 24.4.2006 and 30.4.2006 respectively passed by the learned Joint District Judge, 1st Court, Na......ar of 1984 and by suppressing the aforesaid facts the defendants fraudulently obtained a decree in Title Suit No.9 of 1998 and by practicing fraud upon the Court and without servicing the summons and notice duly, the defendant obtained the ex parte decree as a result the plaintiffs Title Suit No.55 ......3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....iminal Petition for Leave to Appeal No.456 of 2006. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 30.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No.3845 of 2005 di......n the said property. When the said property and money were demanded the accused petitioner with hired gonda elements, driven out the complainant from the said property. The complainant served a legal notice. The complainant for his safety, instituted Petition Case No.116 of 2004 which case was enqui......: M. Moksadul Islam, Advocate (appeared with the leave of the Court) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. None represented-For the Respondents. Criminal Petition for Leave to Appeal No.456 of 2006. Judgment Mohammad Fazlul Karim J.- This petition for leave to ..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....es. Civil Revision No.393 of 2007. Judgment Bijan Kumar Das J.- This rule was issued calling upon the opposite party Nos. 1-8 to show cause as to why the impugned judgment and decree dated 15.8.2006 passed by the learned Joint District Judge, Panchagar in Other Appeal No.10 of 2005......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......pposite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the de..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
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