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....ite Party Nos. 1 & 2.
Civil Revision No. 3305 of 1992.
Judgment
Mahmudul Amin Choudhury J.— This Rule was issued calling upon opposite parties 1-4 to show-cause why the order dated 23.11.92 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 198......uit was ultimately decreed on contest by the trial Court by judgment dated 16.1.92 and the decree was drawn up on 16.2.92. Thereafter the decree was put into execution but at that time it came to the notice of the petitioner that instead of directing sale of the mortgaged 'Kha' schedule prop...... Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-5 and also proforma defendant No. 6 for realisati..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....e Party Nos. 1‑2 Civil Revision No. 1750 of 1992. Judgment Md. Mozammel Hoque J. - This Rule was issued directing the opposite parties to show cause as to why the judgment and decree dated 23.6.92 and 30, 6.92 respectively passed by the learned Additional District Judge, 2nd Court, ......ative Under Order 1 Rule 8 of the Code of Civil Procedure a representative suit can be filed with the permission of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all concerned. Absence of a regular permission of the Court...... permission of the Court renders the proceeding untenable in law……………… (9) Article 14 of the Limitation Act Since the 'No objection certificate for the construction of a cinema hall was issued by the Deputy Commissioner under the Cinematograph ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....ing upon the respondents to show cause why they should not be directed to comply with the direction issued by the Election Commissioner touching upon various acts of the election campaign of the candidates violating the laws and rules before the election to the offices of the Commissioners and Mayor......o alleged that in spite of the directions issued by the Election Commission to the respondents Nos. 3 and 4 the violations alleged by the petitioner have not been mitigated and he ultimately served a notice demanding justice on the respondents on 19.1.94. Since the respondents did not respond to the......e why they should not be directed to comply with the direction issued by the Election Commissioner touching upon various acts of the election campaign of the candidates violating the laws and rules before the election to the offices of the Commissioners and Mayor of the Dhaka City Corporation schedu..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....eogi, Advocates—For Respondent No. 2. Writ Petition No. 995 of 1993. Judgment Kazi Ebadul Hoque J. — In this Rule, respondents have been called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. ......2 by filing an affidavit‑in‑opposition denying be allegations made in paragraph No. 12 of the petition and asserting that there was large scale rigging in the poll and the same was brought to the notice of the proper authority and the Election Tribunal upon hearing the parties rightly and justly...... 631 votes and his name was duly published in the official gazette on 6.3.91 and the petitioner was administered oath of office as member of the Parliament, Thereafter the respondent No. 2 filed the aforesaid Election Tribunal Case No.1 of 1991 alleging, inter alia, that his agents were forcibly ous..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....t. Appeal from Original Order No.140 of 1993. Judgment Md. Abdul Karim J. - This first miscellaneous appeal at the instance of the defendant is directed against the judgment and decree dated 30.1.93 passed by the learned Subordinate Judge, First Court, Dhaka, in Arbitration Miscellane......ication has been presented by all the parties, or, if otherwise between the applicant as plaintiff and the other parties as defendants. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants, requiring them......itration Miscellaneous Case No. 78 of 1990 making the award a Rule of the Court. 2. The defendant Bangladesh Telegraph & Telephone Board (hereinafter referred as the BTTB) is the appellant before us and the plaintiff Lithi Enterprise Ltd, a private limited company, is the respondent. BTTB i..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....ed by his juniors in respect of promotion to the rank of District Adjutant. The petitioner having moved the Writ Petition No.355 of 1980 for redress, the High Court Division by its judgment and order dated 2nd February, 1982 directed the respondents to consider the case of the petitioner on the basi...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......cted to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The f..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....ling in whole‑sale agency business maintained a current account being No. C/A 396 with the plaintiff bank. On 12.4.68 defendant No.1 produced a railway receipt commonly known as RR being No. 946167 dated 10.4.68 signifying despatch of 225 bags of Massors weighing about 511.30 seers with bags from ......f Commercial Manager (Claims) of defendant No. 2 to enquire about the matter and arrange delivery of the goods but without any reply and then finding no other alternative the plaintiff served a legal notice upon the defendant No. 2 on 5.10.68 but without any result. The plaintiff also sent a telegra......ntest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sal..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
.... the Respondents.
Writ Petition No. 1489 of 1988.
Judgment
Kazi Ebadul Hoque J.- In this Rule the respondents have been called upon to show cause why the notification No.SRO 365‑L/86 dated 23.9.1986 published in the Bangladesh Gazette, Additional Issue (Annexure "A") to th......and possessed by a citizen of Bangladesh before purchase by the petitioner and since the petitioner has been in title and possession of the same it cannot be treated as an abandoned property; that no notice was ever served upon the petitioner or his vendor to show cause why the disputed property sho...... possession thereof to the petitioner and since then petitioner has been in continuous and peaceful possession of the disputed property; that thereafter the petitioner applied to the respondent No. 2 for mutation of his name in place of name of the vendor and by the Memo dated 28.4.86 (Annexure &quo..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....his appeal under section 10 of the Criminal Law (Amendment) Act, 1958 at the instance of accused Md. Saheb Ali Miah, ex‑member of Nagarkanda Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Sp......e touching the discharge of such trust, or willfully suffers any other person so to do, commits 'criminal breach of trust." 11. Now, it is pointed out by the learned DAG and I have also noticed in the Criminal Law (Amendment) Act, 1958 in sub‑section 3 of section 6 that the provision......a Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....f petitioners invoking the jurisdiction of the High Court Division under Article 102 of the Constitution. Rules Nisi of the same nature and under the same terms were issued by this Court on different dates calling upon the respondents to show cause as to why the public notice issued by Rajdhani Unna......er Article 102 of the Constitution. Rules Nisi of the same nature and under the same terms were issued by this Court on different dates calling upon the respondents to show cause as to why the public notice issued by Rajdhani Unnayan Kartripakhya (RAJUK), formerly Dhaka Improvement Trust (DIT), invi......esent:
Habibur Rahman Khan J
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others…………………..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
...., Advocate‑For the Respondent No.1. Appeal from Original Decree No. 72 of 1988. Judgment Kazi Ebadul Hoque J. - This appeal by the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decre...... the executants she did not execute the same for herself but on behalf of the minor defendant Nos.2-4 illegally without any authority and said illegal agreement was cancelled by the defendant No.1 by notice; that allegation of partition of the suit premises and falling of the suit property in the ex......y the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decreeing plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesa..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....tack upon the petitioner and his companion constables, caused grievous injuries on their persons and snatched away their rifles with some ammunition. With those snatched away rifles the dacoits intimidated the passengers of the launch and looted away their various belongings and the petitioner was a......stry of Home Affairs, Government of Bangladesh for his reinstatement in service. But the said representation having remained unattended for quite a long time the petitioner was constrained to serve a notice dated 1.7.89 demanding justice through the learned Advocate and thereafter moved the writ app.......4.87 with guard duty along with two other constables namely, CI99 Abdus Salam and 0241 Md. Nazrul Islam on board ML Titumir on its trip from Barisal to Kalaiya via Kalishuri. They boarded the launch for their duty from Kalishuri point While the launch was proceeding from Kalishuri to Kalaiya on its..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....eforms and the Board called for the records which was directed to be sent by 15.8.1996 but the notice was issued on 25.9.1986 and it appears that the case was also disposed of in his absence by order dated 16.10.1986 by the Board. The order of the requisition does not disclose the purpose to be publ......and Secondary Education. But the land sought to be acquired for the College is only 0.56 decimals of land containing graveyard, Bagan, and Bhiti land. On 5.7.1996 the Respondent No. 2 'issued two notices in the Land Acquisition Case No.2 issued two notices in the land acquisition case No. 9 of 1......sent:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the defendant 3 for 4,34,112.00 issued by Bank Indosuez, ......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......es—For the Plaintiff M Hafizullah with SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the def..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....iginal Decree No. 221 of 1976.
Affirmed by the Appellate Division in CP. NO. 496 of 1993.
Judgment
Md. Mozammel Hoque J.- These two appeals are directed against the judgment and decree dated 27.06.74 passed in Probate Case No. 6 of 1973 (20 of 1972) and Letters of Administration Case ......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......lved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous wit..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
.... Criminal Appeal No. 1640 of 1992. Judgment Muhammad Ansar Ail J.-This appeal at the instance of appellant Ashok Kumar Saha arises out of the judgment and order of conviction and sentence dated 21.9.1992 passed by the learned Additional Sessions Judge, Court No. 8, Dhaka in Sessions Case......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonment for ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....of 1992. Judgment Habibur Rahman Khan J.—On an application filed by Md. Mostafa Miah a Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 11. 11.91 passed by the First Labour Court, Dhaka in complaint case No. 37 of 1990 as evidence......ord, if any, of the worker and any other extenuating or aggravating circumstances that may exist. Enquiry report of the enquiry officer having not been furnished along with the second show cause notice to the petitioner and the previous record of the petitioner having not been taken into consid......ourt, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal&mdash..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....isi was issued on an application under Article 102 of the Constitution of the Peoples' Republic of Bangladesh calling upon the respondents to show cause as to why the judgment and order dated 15.4.89 (Annexure 1 to the petition) passed by the Court of Settlement, Bangladesh Abandoned B......holding on 9.2.84 and found the petitioner in possession on the basis of the said agreement and consequent decree of the civil Court but to the utter surprise of the petitioner he was served with the notice dated 8.2.86 issued by the respondent No.1, Ministry of Works to surrender possession of the ......, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....hatian No. 442 of Mouza Char Chandia from late Abdul Majid, predecessor of the opposite party Nos. 2‑5 and from Mozaffar Islam, predecessor of opposite party Nos. 6‑10 by registered deed No. 2944 dated 27.5.67. From the same sets of vendors the petitioner also purchased 0.22 acres of land out of......4. The opposite party No. 1 on 2.11.92 threatened the petitioner to dispossess her from the 'Ga' schedule land which is within the 'Ka' schedule of the plaint. The petitioner served a notice upon the opposite party not to disturb her peaceful possession but without any result. The pe......f status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....man Khan J.-On an application under section 439 read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 300 of ...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......lt: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Prasad Vs...Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
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