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....r the Petitioner.
Md. Ziaul Haque-For Respondent No.2.
Writ Petition No.2903 of 2003.
Judgment
Md. Tofazzul Islam J.- The petitioner filed this writ petition challenging the order dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by whi......ction 51 CPC no opportunity was given to the judgment-debtor for showing cause as to why he should not be committed to civil prison and further in terms of the provisions of Order XXI, rule 37 CPC no notice was given to the judgment-debtor/petitioner asking him to appear before the Court and as held......dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by which civil warrant of arrest was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the r..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....r the Respondents. Appeal from Original Decree (FA) No. 13 of 2003. Judgment Md. Abdul Matin J.-This appeal at the instance of the defendant is directed against the judgment and decree dated 30‑9‑2003 passed by the joint District Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999......endants agreed to pay WASA and electricity bills and he promised to deliver vacant possession of the house and premises to the first party ie the plaintiff No.1, as and when she desires on a 3 months notice and that the 2nd party promised not to make any alteration of a permanent character of the de......trict Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possessi..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of sec......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......t July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sectio..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
.... Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advocate-on-record-For the Respondent No. 2. Civil Appeal No. 287 of 2004 (From the Judgment and order dated March 5, 2002 passed by the High Court Division in Writ Petition No. 1012 of 2002) Judg......y temporarily suspended the bond licence of the writ-petitioners and as against that writ-petitioner filed written objection but no action was taken. The writ-petitioner before issuance of the demand notice and suspension of the bond licence opened several letters of credit for import of Polyester T......nal Attorney General, (Borhanuddin, Deputy Attorney General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Rccord-For the Appellants. A.S.M. Khalequzzaman, Advocate-on-Record- for the Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advo..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....iminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge 2, Barisal......itnesses. He further submits that the victim was placed for medical examination long after 30 days of the occurrence and, as such, it is reasonable that the medical officer who examined her could not notice any mark of rape on her body. He lastly submits that the prosecution is found to have proved ......ing him (accused-appellant) under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman (Special Provisions) Ain, 1995 (hereinafter shall be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two y..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....ate, instructed by Md. Wahidullah, Advocate‑on‑Record‑ For Respondent Nos. 1‑2. Not represented‑ Respondent No. 3. Civil Appeal No. 47 of 2000. (From the judgment and order dated 9‑11‑1997 passed by the High Court Division in Writ Petition No. 1320 of 1993). Judg......rted in 27 DLR 170 are given below: "To occupy, supervise or manacle in person' as has been used in the definition clause cannot be taken in the literal sense for the considerations already noticed. The words 'in person' in the said clause may not necessarily imply physical presence of t......the judgment and order dated 26‑11‑1992 in Case No. 3 of 1992 by the First Court of Settlement refusing to exclude the house from the said 'Ka' list on the purported ground that the application before the First Court of Settlement was barred by limitation. 2. The writ‑petitioner‑respon..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....alling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may briefly......led Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issued under Memo. No. Rajuk/pa/sha/ni-pa/ka/dha for taking possession of the land of th......- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violatin..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....tructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For Respondent Nos. 1‑3. Not represented‑respondent Nos. 4‑4 (d). Civil Appeal No. 77 of 1997. (From the Judgment and Order dated January 16, 1997 passed by the High Court Division in First Appeal No. 1 of 1988). Judgmen......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ...... Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there m..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....d. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Criminal Miscella......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......atements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....09;on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 328 of 2003. (From the judgment and order dated 28th October 2002 passed by the High Court Division in Civil Revision No. 3977 of 2001). ...... Judge directing him to deposit the amount of consideration money together with the compensation thereon. 2. Upon receipt of the notice of the pre-emption proceeding the petitioner, a co‑sharer tenant, filed an ...... Mansur Habib, Advocate, instructed by ASM Khalequzaman, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 328 of 2003. (From the judgment and order dated 28th October 2002 pa..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
.... Md. Wahidullah, Advocate‑on‑Record‑For the Respondent. Not represented‑Respondent No. 1. Criminal Appeal No. 16 of 1997. (From the Judgment and Order dated July 11, 1996 passed by the High Court Division in Criminal Revision No. 801 of 1991 (Dhaka)......s filed in the court through respondent No. 1's learned Advocate, but unfortunately, at the time of hearing of the revisional application the learned Advocate inadvertently, failed to bring to the notice of the Court the said fact of compromise and thus the appellant has been seriously prejudice......the Muslim Family Laws Ordinance, 1961 (the Ordinance) and sentencing him to suffer one year rigorous imprisonment. The respondent No. 1 filed petition of complaint on August 12, 1986 before the Court of Magistrate, Nabinagar Upazila, Brahmanbaria, stating that the appellant drove her..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....09;Record‑ For the Respondent No. 3. Not Represented‑ Respondent No. 2 Civil Petition for Leave to Appeal No. 1049 of 2002. (From the judgment and order dated 15th April 2002 Passed by the High Court Division in Matter No. 2 of 2000). Jud......Article 60 of the Articles of Association of the company read with section 8 1 (1) of the Companies Act, 1994. The last AGM was held on 27th August, 1997 of the calendar year, 1997. In due course a notice was issued on 18‑8‑1998 for holding AGM on 20th September, 1998 for the year 199......hangir Alam Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....ufia Khatun, Advocate‑on‑Record‑For Respondent No. 2. B Hossain, Advocate‑on‑Record‑For Respondent No. 3. Criminal Appeal No. 26 of 2002. (From the judgment and order dated 18‑2‑2002 passed by the High Court Division in Criminal Revision No. 664 of 2001). Ju......he complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict respondents demanding, refund of the money within 15 days. The convict respo......ct as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject mat..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....r the Opposite Parties. Civil Revision No.509 of 2003. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑1‑2003 passed by the District Judge, Narail in Miscellaneous Appeal No.2 of 2003 dismis......os.1, 2 & 9 from holding election at Noldanga and Panchapolli polling stations in place of Debipur and Joypur scheduled to be held on 28‑1‑2003. On the said application the Court below issued notices upon the defendant-opposite parties asking them to show cause as to why an order of temporar......ourt may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assistant Judge, Kalia, Narail against the petitioner and opposite parties No.2-7 for the following relieves: “(ক) আরজী বর্ণিত মত বাদীর..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....ossain, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate‑on‑Record‑For Respondent No. 2. Civil Appeal No. 40 of 1999. (From the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 1994). ......serve investors' confidence and prevent irreparable loss and injury to the appellant. The SEC, in turn, wrote to the Company but to no avail. 10. The appellant caused to serve a legal notice on the Board calling upon it to register the said shares in his name. But the Board by its l...... the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 1994 rejecting the application ("the Application") filed by the Appellant for rectification of the share register under section 38 of the Companies Act, 1913 ("Th..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
.... The Bangladesh Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 20 % interest on the tax paid to the government from the date of unauthorized occupation till the date of restoration of possession is omitted. The rent act......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Saleem Ullah Advocate, instructed by MG Bhuyan, Advocate-on-Record‑For the Respondent. Civil Petition for Leave to Appeal No. 21186 of 2001. (From the Judgment and order dated March 4, 2001 passe..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1370 of 2002. (From the judgment and order dated 8th June 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 46 of 2000)...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......For the Petitioner. AKM Nazrul Islam Senior Advocate, instructed by AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1370 of 2002. (From the judgment and order dated 8th Ju..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....9; For Respondent Nos. 1‑ 7. Not represented‑Respondent Nos. 8‑13. Civil Petition for Leave to Appeal No. 1382 of 2002. (From the judgment and order dated 4 December 2001 passed by the High Court Division in Matter No. 151 of 1997). Judgment......ing. The executive director of the company realised that the company was not declaring all its income in the accounts and raised various issues regarding the signing 1986 accounts, He specifically noticed that the draft account 1996 did, not include approximately Taka 23, lac of freight that wer...... section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that is thought to be suitable either by the applicant or by the court. Direction of the compa..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....etitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dhaka in S.C......ish Calendar month and that the defendant defaulted in payment of rent for the month of December, 1999 and thereafter also and the plaintiff bonafide required the suit premises and accordingly sent a notice under section 106 of the Transfer of Property Act terminating the tenancy of the defendant an......0. 2.The Opposite party as plaintiff instituted S.C.C Suit No.15 of 2000 in the 3rd Court of the Senior Assistant Judge and S.C.C. Judge, Dhaka impleading the petitioner as the defendant praying for eviction of the defendant from the suit premises alleging, inter alia, that the defendant was a ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
.... the Appellants.
Abdur Razzaq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑For the Respondent.
Civil Appeal No. 51 of 2002.
(From the judgment and order dated 9‑11‑2000 passed by the High Court Division in Writ Petition No. 5233 of 2000).
Judgm......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......ty Act, 1992 Section 7(d)
A mandatory condition having not been complied with no right accrued to the respondent to take recourse to article 102 of the Constitution. Moreover matter is pending before the authority and as such no cause of action has yet arisen……………………(21 & 22..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
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