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Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
..... Ahsanullah Patwary, Advocate‑on-Record‑For the Respondent. Criminal Appeal No. 23 of 1999. (From the judgment and order dated 19‑2‑1998 passed by the High Court Division in Criminal Appeal No. 20 of 1992). ...... case and forwarded the order sheets of the said mutation case to the Additional Deputy Commissioner (Revenue) Satkhira on 26‑11‑1984 for taking necessary action. The latter then issued a notice upon the appellant to submit his papers on submission of the aforesaid certified copy of the ......p; (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the High Court Division in First Appeal No. 122 of 1992). Judgment ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......ord ‑ For the Petitioner AKM Nazrul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the H..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....m Bhuiyan, Advocate-on-Record- For the Respondents. Civil Appeal No. 315 of 2001. Judgment Md. Ruhul Amin J.- This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 of 1996...... 2. Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific Officer at the Coconut Research Centre, Rahmatpur, Barisal was served with the show cause notice dated December 15, 1993 as per provision of Regulation 39(Kha) of the Bangladesh Agricultural......by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....9;Record‑For Respondent No. 4. Ex parte‑Respondent Nos. 1‑3 Civil Appeal No. 125 of 2001. (From the Judgment and order dated November 2, 2000 passed by the High Court Division in Writ Petition No. 5399 of 2000). ...... The pawnee may bring a suit against the pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee direc...... make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………………(12) ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
....h him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 44 ......ms, Excise and VAT to permit to take delivery. of the CI sheets without payment of value added tax. Thereafter it took delivery of 150 tons of CI sheets without paying any duty. Respondent No. 4 by a notice asked the petitioner to show cause why value added tax at Tk. 8,21,250 should not be imposed ......tioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 44 of 1995).
Judgment
Md. Fazlul Karim J.- This petition for ..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....or Advocate, instructed by Nawab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 18 of 1995. (From the Judgment and Order dated July 21, 1991 passed by the High Court Division in Civil Revision No. 523 of 1985). ......ka. 5. On appeal, the appellate Court allowed the prayer for pre‑emption on the finding that the claim of pre‑emption is not barred by limitation since no notice under section 24(2) of the Non‑Agricultural Tenancy Act was served on the pre‑emp......bsp; State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 98 of 1999. (From the Judgment and order dated October 26, 1998 passed by the Administrative Appellate Tribunal in Appeal No. 9 of 1998) ......rchased illegally from the paper local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery Department and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the...... Judgment Md. Ruhul Amin J.- The present appeal by the opposite party before the Administrative tribunal by leave is against the judgment and order dated October 26, 1998 o..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
.... whether to discharge the accused under section 265C or to frame charge under section 265D or to record the plea of guilt by the accused under section 265E. There is no question of fixing separate date for taking step under section 265C after the opening of the case under section 265B…&he......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... December 17, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 265B, 265C, 265D & 265E Sections 265B, 265C, 265D & 265E of the Code of Criminal Procedure form a composite session and steps under these sections are to be taken in the same session. When a..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Respondent. Criminal Appeal No. 20 of 2002. (From the judgement and order dated 4th June, 2001 passed by the the High Court Division in Criminal Revision No. 1965 of 1997). ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......l of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....llants. Not represented‑Respondent Nos. 2‑38. Civil Appeal No. 13 of 2001. (From the judgment and order dated 24‑5‑2000 passed by the High Court Division in FA No. 213 of 1996). &......ed Counsel appearing for the appellants, submits that the instant suit for partition simpliciter is not maintainable without a prayer for declaration that the Exhibit Ga is not a genuine document. We notice that both the courts below found that the suit for partition is maintainable. We endorse the ...... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2 1982. 5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... Not represented‑Respondent Nos. 4‑268. Civil Petition for Leave to Appeal No. 1378 of 2002. (From the judgment and order dated 25th August, 2002 passed by the High Court Division in First Miscellaneous Appeal Tender No. 5...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......nt November 23, 2002. Execution of decree outside Bangladesh Any decree of any Court in Bangladesh is enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of s..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....pellant. Abdus Salam Khan, Senior Advocate, instructÂed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No.88 of 1999. (From the Judgment and Order dated July 23, 1999 passed by the High Court Division in Civil Revision No. 2118 of 1993) Judgm......reof filed Miscellaneous Case No. 262 of 1982 under Section 95 of the State Acquisition and Tenancy Act, 1950 , in the office of the Upazila Revenue Officer, Bhandaria and that upon supÂpressing the notice of the said Miscellaneous Case and creating evidence as regard appearÂance of the plaintiff ......thMagh, 1376 B.S. in favour of the plaintiff; that on the date of exeÂcution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kabala dated M..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
...., Advocate‑on‑Record‑For the Respondent (In Civil Appeal No. 97 of 2000). Civil Appeal Nos. 97 and 98 of 2000. (From the judgment and order dated 21st June 1999 passed by the High Court Division in First Appeal No. 371 of 1996). &nbs...... Judge, High Court Division erred in not holding that interest awarded by the umpire deemed to have been allowed by the Court of Subordinate Judge is not a well founded one, since it has already been noticed in the reported case, reliance whereupon has been placed by the learned Counsel of the appel...... the appellant as the contractor entered into two agreements namely, agreement No. 16/LMH dated 12 September, 1988 and agreement No. 27/LMH dated 17 September, 1988, with the Government of Bangladesh for reconstruction of the railway line damaged, by flood. After the completion of the works the cont..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz CoÂoperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....sp; Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-Respondents Nos. 1-2. Civil Petition for Leave to Appeal No. 1154 of 2002 (From the Judgment and Order dated 13th March 2002 passed by the High Court Division in Writ Petition No. 5539 of 2000). J......against the judgment and order dated March 13, 2002 of a Division Bench of the High Court Division in Writ Petition No. 5539 of 2000 making the Rule absolute and consequent thereupon has declared the notice dated October 23, 2000 issued under section 3 of the Acquisition and Requisition of Immovable......by Md. Ataur Rahman Khan, Advocate-on-Record-For the Petitioner. Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-Respondents Nos. 1-2. Civil Petition for Leave to Appeal No. 1154 of 2002 (From the Judgment and Order dated 13th March 2002 passed by t..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....eal against the impugned judgment and order of the High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. ...... The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the principle of natural ju......002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the p..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....€‘For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgment ......prayer was, however, refused as the question whether the respondents continued to be shareholders of the company or not could be decided only by the company Court. 5. Shortly after the service of notice of the application under section 38 of the Companies Act, the original respondent No. 2, Tofa......he respondents reposed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
.... with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 263 of 2001. (From the judgment and order dated 5th November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 46 of 1999). ...... this Court is to consider the following grounds; (i) that by a petition dated 5‑11‑2000 a case of forgery and fraud in filing petition for withdrawal of appeal having been brought to the notice of the Administrative Appellate Tribunal who erred in not holding an enquiry into the allegat......Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentatio..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....n stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Isl......r a period of 6 months, but every time the said cheques were dishonoured since there was no amount in drawer's account or that the drawer had stopped the payment. In the background of the said facts, notice under section 138(b) of the Negotiable Instruments Act upon the accused petitioner was served...... 7342 of 1998.) Judgment Md. Ruhul Amin J.- The delay of 21 days is condoned. This petition for leave to appeal is directed against the judgment and order of July 13 of 1999 passed by a Divisi..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... Not Represented—Respondent Nos. 1-3, 9-11. (In Civil Review Petition No. 80 of 2002). Civil Review Petition Nos. 79, 78 & 80 of 2002 (From the judgment and order dated 2-7-200 by the Appellate Division in Civil Petition Nos. 504, 510 and 617 of 2002 ......; of the grounds urged by the petitioners for review of the judgment. 3. In 1998, Ministry of Information invited tenders, by publishing a notice dated 6-5-1998, from local and foreign firms individually or under joint venture to install a......ereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of people in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general pu..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2. Civil Appeal No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Judgment ......ssary in Execution of an agreement for sale and the High Court Division failed to consider these provisions. A reading of clauses 22 and 23 of the lease agreement will further show that thirty days notice to DIT for transfer of the lease property is necessary. 13. In reply, the learned c......urt Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plainÂtiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averÂments, inter alia, that the respondent No. 2, Be..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
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