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Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, Firs......f the then Munsif, Dhaka impeding Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Ind......ction) Present: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobh..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....ial institution incorporated under the laws of the land, calling upon the respondent No.1 i.e. the Judge, Artha Rin Adalat No.3, Dhaka "to show cause as to why the impugned order No.69 dated 28.10.2003 (Annexure-G) passed by the Artha Rin Adalat No.3, Dhaka, respondent No.1 in Money E......n of the decretal dues amounting to Tk. 29,05,334.25 as on 30.11.2000.
4. In the execution case several dates were fixed for sale of the mortgaged property by auction upon publishing the auction notice in accordance with law but sufficient bidders having not responded the same could not be sold......961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). The said view is fortified if we examine section 34(9) of the Ain which reads as follows:
“৩৪(৯) এ..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....n both the writ petitions). Writ Petition Nos.2175 of 2002 and 529 of 2003. Judgment Mir Hashmat Ali J.- The petitioner of these two writ petitions challenged the Judgment and order dated 20.01.2002 Annexure-C and notice dated 15.4.2002, Annexure-D to the Writ Petition No.2175 of...... Writ Petition Nos.2175 of 2002 and 529 of 2003. Judgment Mir Hashmat Ali J.- The petitioner of these two writ petitions challenged the Judgment and order dated 20.01.2002 Annexure-C and notice dated 15.4.2002, Annexure-D to the Writ Petition No.2175 of 2002 and Judgment and order date......ail at present Shantinagar under P.S. Motijheel, District-Dhaka out of said 0.35 acre of land maximum portion of land was acquired by the government leaving only 0.0468 acres of land. 4. The aforesaid two brothers Amir Hossain and Seraj Mia were jointly possessing the said 0.0468 acres of l..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
....am-For the Respondent No.2. Trade Mark Appeal No. 21 of 2003. Judgment Md. Awlad Ali J.-This appeal under section 76 of the Trade Marks Act, 1940 arises out of judgment and order dated 29.09.2002 passed by the Deputy Registrar of Trade Marks in Opposition Case No. 1824/2001 allo......egistration of mark CANNON in class-25 for Hosiery products. The said application was duly published in Trade Marks Journal No.209 in the month of January, 2001. The respondent No.2 thereafter, filed notice of opposition to the application for registration of the said marks in Class-25 being opposit......resent appellant. 2. The appellant Sunil Kumar Das being the sole proprietor of the Bangladeshi Manufacturer and Merchant made an application on 31.07.1997 to the Registrar of Trade Marks, Dhaka for registration of mark CANNON in class-25 for Hosiery products. The said application was duly publ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....ted by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 3537 of.......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......tion. 2. The respondent No.1 as plaintiff instituted Title Suit No. 562 of 1985 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka against the present appellant and others for Specific Performance of Contract. The suit was subsequently transferred to the 3rd Court of Su..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....hers……………………Opposite parties Judgment January 16, 2007. Result: The Rule is discharged. Generally, in deciding an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the le......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the learned Judge finds that there are sufficient causes for non appearance of the petitioners before him in time, an inquiry about the date of death of the..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....d upon the condemned prisoner Md. Abdul Gofur on his conviction under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 (herein after will be called as Ain, 2000) by the judgment and order dated 2.9.2003 passed in Nari-O-Shishu Nirjaton Damon Case No.896 of 2003 arising out of Jamalpur P.......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ...... 29 of the Nari-O-Shishu Nirjaton Damon Ain 2000 read with section 374 of the Code of the Criminal Procedure, has been made by the learned Judge, Nari-O-Shishu Nirjaton Damon Tribunal, Jamalpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his convic..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....sed upon accused Shahid Javed Gaira alias Garib Miah, Ismail Mollah alias Galu and Sundar Babu son of Afzal Hossain upon their conviction under Sections 302/34 of the Penal Code by judgment and order dated 18.8.2004 in Metropolitan Sessions Case No.2248 of 2001. By the same judgment five other accus......her query, told her that Pichhi Babul, Galu, Gaira, Montu, Shamim, Shahjahan, Shahadat, Eunus Mollah and others had chased Liakat at gun-point. Then she saw those persons running towards Taherbag and noticed that Eunus, Shamim and Iqbal were exploding bombs. When she approached a little further she ......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....yum, Senior Advocate-For the Opposite Party No.1. Civil Revision No.1729 of 2000. Judgment Syed Mohammad Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the order dated 25-10-1999 passed by the learned Subordinate Judge and Judge of the Artha Rin Adalat No.4, Dha......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ...... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....hman Miah, Advocate-For the Opposite Party. Civil Revision No.794 of 2003. Judgment Md. Abdul Matin J.-In this rule at the instance of the defendant-petitioner the judgment and decree dated 26.10.2002 passed by Additional District Judge, Magura in Title Appeal No.09 of 200 allowing t......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......o.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plain..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....eral-For the Respondents. Writ Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and......ney-General-For the Respondents. Writ Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure......it Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....994. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of petitioner, Nani Gopal Hazra, under section 229 of the Succession Act of 1925 is directed against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismis......Mokshoda Bala Dasaya (deceased), wife of Fekuram Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other interested persons; that the proceedings of the Miscellaneou......ted against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismissing the same on contest under section 263 of the Succession Act for revocation of the grant of Probate by Mokshada Bala Dasya (deceased) as granted by the District ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
.... Civil Revision No. 5241 of 2002. Judgment Moyeenul Islam Chowdhury J. - This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 31-7-2002 passed by the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No...... has a mind to run business in the suit shop house by engaging servants. Over and above, the opposite-parties want to repair the suit shop house (tin shed house). As such, the opposite-parties served notices upon the petitioners under section 106 of the Transfer of Property Act asking for vacant pos...... may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties as plaintiffs instituted SCC Suit No. 2 of 1997 against the defendant-petitioners for ejectment, realization of the arrear rents and compensation to the tune of Taka 6900. The case o..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....o.6883 of 2005.
Judgment
Shah Abu Nayeem Mominur Rahman J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.0......ment products, in phases, which were exported against the garment products, in phases, which were exported against the master letters of credit in named course and that the petitioner received a notice under Memo No.5-12/ Cus(175) Group-5/01/6357 dated 26.8.2001 being a show cause notice and de......l effect.
2. The Respondent No.1 entered appearance by filing power but no affidavit-in-opposition has been filed.
3. Perused the writ petition and heard the learned advocate appearing for the petitioner and the learned Assistant Attorney General, appearing for the Respondent No.1.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
..... Being aggrieved by the aforesaid judgment and order the respondent No.4 preferred Criminal Appeal No.1132 of 1993 before the High Court Division. The High Court Division by the judgment and order dated 24-8-2000 dismissed the aforesaid criminal appeal and reduced the sentence of 7 years simple i......of Additional Sessions Judge and Court of Special Judge, Dhaka, the petitioner preferred the writ petition and obtained the instant Rule. 9. The petitioner filed Supplementary-Affidavit annexing a notice demanding justice which is annexed as Annexure-D. The petitioner also filed a Supplementary-A......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....cial Development Effort (ISDE) an NGO and General Secretary of Jatiya Mahila Ainjibi Parishad is the appellant in Criminal Appeal No.3726 of 2005 and both the appeals are directed against order No.15 dated 2.7.2005 passed by Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong in Nari-O-Shishu Cas......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17) Ask..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
.... enquiry under Section 21 of the Securities and
Exchange Ordinance, 1969 and the Enquiry Report submitted on 31.10.2000 (Annexure-H)
by the Enquiry Committee formed by the respondent vide his order dated
27.06.2000 against the petitioner and its former Directors M/s. Khan Mohammed
Ekramullah, Sy......n the commission of the offence. In such a case before the initiation of the
criminal proceeding the accused person is not legally entitled to get any
opportunity of being heard and no show cause notice is required to be served
upon said accused person…………………………………(3......hts and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must act in accordance with the authority which
has been giv..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... Judgment Md. Muzammel Hossain J.- Rules in Writ Petition Nos.1405 to 1410 of 2004, 1696-1697 & 1699-1700 of 2004, 1695 and 1698 of 2004 have arisen out of a single judgment and decision dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka in I.R.O. Case Nos.23 of 2001, 24 o......employees unintentionally broke 3 days since the petitioner was working till 18.04.2004. After filing the I.R.O. cases by the petitioners Bangladesh Biman Corporation with malafide intention issued notice vide reference No.ঢাক এম ডব্লিউ/০১/২০০১/২৯৯ dated 10......1, 33 of 2001, 32 of 2001, 29 of 2001, 28 of 2001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....t the list of defaulter Members of the Parliament of the 5th Parliament and 7th Parliament mentioning the year wise arrear amount due from each of the defaulter Members within 4 (four) weeks from the date of receipt of this notice. The Rule is made returnable within 6(six) weeks from date.” ...... the BTTB, regarding measures or actions taken by them for realizing the aforesaid arrear telephone bills but without any response (Annexure-E series, F, G, H and I), as such, the petitioner issued a notice demanding justice on 15-4-2001, through its learned advocate upon the respondents, requesting......the law is always above them. 5. The privileges to the functionaries of the State are allowed not because they occupy such an exalted and high position in the State but only to enable them to perform their functions even better in the overall interest of the people of Bangladesh. 6. The me..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
.... Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- '......Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have bee......hy a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from Rajshahi Unive..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
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