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....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......as filed on 19-2-68 by M/s. Hardeo Glass, Aluminium, Enamel and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellane......rks, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellaneous accounts by the plaintiff opposite party for the defendant-petitioner. ..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....stands and the adjoining khas paddy lands, and the Second party takes over the management of Loobacherra Tea Estate inclusive of the factory machinery, tea plantations rights, prerogatives, claims, etc. of the Loobacherra Tea Estate and hands over the possession of all those mentioned......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......n order of ad-interim. 4. The defendants No.19 and 11 on being served with notice appeared and filed a written objection in which they denied the agreement, receipt of payment of money and the plaintiff's possession of the Tea Estate, as pleaded by me plainnffs in their appl..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....69 by Act No.XLV of 1974 on 23.3.74 the authority was not competent to start such vested property proceeding in the eye of law. In the aforesaid Judgment his Lordship held as follows: "Mere claim of the Assistant Custodian that the property of the deceased testator is an enemy property in ......sing the Judgment and Decree passed by the learned Upazila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Az......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any p...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appelÂlant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
.... occurrence before his death. 7. The main question, however, that arises in this appeal is whether the two appellants had actually participated in the commission of the murder of Askandar Ali as claimed by the prosecution. It is to be seen whether it has been established by the prosecution beyo......majority opinion of the assessors in respect of the two appellants convicted them of the offence under sections 148 and 302/149 of the Pakistan Penal Code and sentenced each of them to transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....p and umbrella and such sign board is generally removed after the function is over i.e. after 10th of Muharram. At one stage, of his submissions upon referring to his affidavit in reply Mr. Chaklader claims that the road upon which such signboard is placed actually belongs to the "Imambara"......be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should not be directed to take appropriate legal action against those responsible for putting up such Notice/Signboard and, thereby stop creating obstruction to the regular movement ......ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
..
Category: Property Law | Date: | Hits: 0
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....s is evident from Annexure D series. However, the learned Assistant Attorney-General contends that although such facilities have been accorded to some individual Colleges, the petitioners cannot claim to have the same benefit as a matter of right. Referring to the জনবল কাঠামà§......n same category/class are to be treated equally and any discrimination between the same group or class is liable to be struck down as being violative of the Constitution. Equality of opportunity for the citizens in public employment connotes that persons placed in the same class or category are......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
.... Result: This Rule is made absolute Hindu women's Right to Property Act (XVIII of 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a co......aim partition and consequently having the right to claim preemption. Lawyers Involved: Rafiqur Rahman, Advocate with Serajur Rahman, Advocate—For the Petitioner M.G. Bhuiya, for A.N.M. Shahidullah, Advocate—For opposite parties 1 to 3 Civil Revision No. 1022......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
....pugned order, was restrained from taking any action or decision altering or affecting the Society in any manner from its position as obtained on the date of the impugned order.
2. The petitioner claims that he along with a few associates found the Society on or about 15-6-70 and since its regis......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
S. M. Hussain J
M. R. Khan, Chairman of the Board of Governors,
Bangladesh National Society for the Blind…………Petitioner &nb......r otherwise deal with all or part of the properties and rights of the Society as the Board may find necessary.
(v) To control and administer the funds of the Society to invest all or any of such money and to release or very such investment as may be determined from time to time.
(vi) To ap..
Category: Constitutional Law | Date: | Hits: 2
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....o and retained by the Employer simply for the purpose of identification of the Line or section to which the employees were attached, such as Construction-Line. 4. The respondents, however, claimed the designation as well as the pay-scale of 'Linemen' under the Revised Pay-scale co......our Court, Khulna Division & another………..........Respondents Judgment November 12, 1980. Result: All the appeals are allowed. Section 34 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......udge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following th......lready with him. A sum of Tk. 2000/- was found with the accused in the pocket of coat which he was wearing. P.W. 15 M.U. Ahmed, Inspector, Bureau of Anti-Corruption prepared seizure-lists for all the money recovered and other articles seized. The appellant was arrested and produced at the Kotwali, P..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ent A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite......ng on behalf of the accused petitioners submitted that the case as air against the petitioners is a false and concocted one instituted only to put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transact..Category: Criminal Law | Date: | Hits: 1
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......stafa Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin Ahmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of t......zzaman Khan and as such, according to Section 6(5) of the Artha Rin Adalat Ain, 2003 the mortgaged properties of the borrower requires to be sold first for the purpose of realization of the decreetal money. He submits that the impugned auction notice (Annexure-B) itself shows that there are mortgage..Category: Civil Law | Date: | Hits: 37
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....e total quantity found on survey was 1917.355 metric tons and thereby there was a shortage of 11.856 metric tons. The plaintiff after due calculation and after obtaining the survey report preferred a claim for the short delivered 11.856 metric tons of Bulk Tallow short received vide letter dated 18-...... Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ading to the issuance of the Rule, in short is that the petitioner company is engaged in hotel and tourism business. The Respondent No.2 Customs Excise and VAT Commissionerate, Sylhet issued a notice claiming demand for the period of July, 2006 charging 15% VAT on the servÂice rendered by the petit......uance of the Rule, in short is that the petitioner company is engaged in hotel and tourism business. The Respondent No.2 Customs Excise and VAT Commissionerate, Sylhet issued a notice claiming demand for the period of July, 2006 charging 15% VAT on the servÂice rendered by the petitioner in the bus......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....respondents for consideration of withdrawal of the VAT on the indenting commission earned by its members in forÂeign currency but without any result. 17. Certainly the indentors have a reasonable claim which should be considered by the Government and the Government alone can take a decision favo......e as to why the classiÂfication/inclusion of the services rendered by the members of the petitioner No.1 under the Service Code No.S.014 purportedly in pursuance of section 3(5) of the VAT Act, 1991 for charging and realizaÂtion of VAT and why the SRO No.202 dated 10-6-2010 issued by the responden......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
....nd Jamiruddin Mir and that the two brothers who were in ejmali possession of the properties had 8 annas share each therein. On the basis of geneology through Jamiruddin Mir the plaintiff have jointly claimed 4 annas 2 gondas 1 kara 5 krantis share in the properties. The plaintiffs have further alleg...... by the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the learned SubÂordinate Judge, Comilla in a suit for partition.
2. Plaintiffs have alleged that the suit properties belonged to Arman Mir and Jami...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
.... has filed the case, he has power to withdraw the case and the Court of settlement passed the order in accordance with law and thereby committed no illegality. He further submits that the petitioners claim that they have inherited the case property but fact remains that the predecessor of the petiti......Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no l......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....o be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may make any amount of tall claims in the plaint but if the plaintiff cannot substantiate his claim by any evidence of any natur...... injury and balance of convenience and inconvenience must be in favour of the applicant. The element of prima-facie case, irreparable loss and balance of convenience and inconvenience must co-exist before granting injunction and if any one of these elements are missing, it disentitles the applicant ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....e clearly understood that the terms of Section 561A of the Code do not extend the jurisdiction of the High Court to matters which are not inherently with that jurisdiction. The High Court also cannot claim inherent jurisdiction to exercise powers taken away by legislation. When exercising this juris...... orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his fathe......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
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