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Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....said Writ Petition namely, the Agrani Bank, was plaintiff and since the BSRS had the first charge on the property and Agrani Bank has the 2nd charge they impleaded BSRS as pro forma respondent, their claim was against the petitioner for non payment of their dues. In that Money Suit, the respondent N......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted......y) Rules, 1981 asked the petitioner company and its directors to pay company’s loan liabilities amounting to Taka 1,70,26,000 as on 31‑7‑92 but the company and its directors did not pay any money, whereupon on 13‑4‑96 BSRS advertised in the daily Inqilab a Public Notice for sale of the..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ast Pakistan acquired part of this land for development by the Dhaka Improvement Trust, predecessor of the Rajuk, in LA Case No.55/58‑59. The acquisition was from one Khaleque Munshi and others who claim 52.17 acres of land. Compensation award for the land acquisition was made in the name of said ......ssued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS D......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....ga­bhavan accompanied by few other officers and forced the elected President to resign, dismissed the Cabinet, dissolved the Parliament before its normal expiry and suspended the Constitution and proclaimed himself as the Chief Martial Law Administrator on the allegation that the situation had aris......or the Respondents. Writ Petition No. 147 of 1991. Judgment Abdul Jalil J. - This rule nisi, at the instance of one Mostafizur Rahman, a relation of the detenu Hussain Mohammad Ershad, former President Bangladesh, was issued calling upon the respondents to show cause why the detenu Hu......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....mits that in case the dissolution of marriage is decreed by the Court, the husband alone should be allowed to operate those bank accounts, at home and abroad which he has opened in their joint names, claiming that his wife has no contribution in those accounts. 23. Dissolution of marriage through....... Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, Dhaka against her husband Captain Shamsul Alam Chowdhury as defendant, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Sh...... out of their wedlock their first daughter was born on 25.7.71 and the 2nd daughter was born on 27.7.81 Subsequently, in the year 1976 she had to take up a job as her husband was not providing enough money for their maintenance. The main allegation, however, was that she was not being well treated b..

Category: Family Law | Date: | Hits: 265

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....terms of the agreement settled between the parties. The defendant No.1 was to be present at the time of delivery of the consignment and to be responsible to make good all the losses and settle up all claims if any with the appellant Insu­rance Company. The consignment duly arrived at Tongi and on s......ate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967. 2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass to be deliv­ered at the factory premises of the plain......9,000/-. The plaintiffs claim was repudiated by the appellant on the plea that the goods were damaged due to insufficient packing and inher­ent vice. The plaintiff filed the suit for recovery of the money against defendant Nos.1 and 2. 3. The defendant No.2 alone contested the suit stating, inte..

Category: Business or Commercial Law | Date: | Hits: 325

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....ning and purport of the same with a view to examining the applicabil­ity of sub-rule (4) of rule 5 of Order XXIII. Order XXIII reads as follows:— 1. Withdrawal of suit or abandonment of part of claim. (1) At any time after the institution of the suit, the plaintiff may, as against all or an......l, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the catego...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ed. 1A. The Chief Martial Law Administrator may, on application or suo motu, review an or­der made under this order and may, on such re­view, confirm, vary, amend or rescind such order. 2. No claim, suit or legal proceeding shall lie against the Government or, as the case may be, the corpora......and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the peti­tioner for his encadrement into the Senior Service Pool. After successful completion of seven projects in A......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....of Mobile Phone dealership but afterwards Sohel wanted to do the business of shoe to which Aktar Hossain did not agree and ultimately Shohel did not return that money to Akhtar Hossain. Aktar Hossain claimed his share of rent of their paternal Hotel at Ananda Bazar of Brahmonbaria but failed to get ......No. 911 of 2006) Noor Hossain- For the convict-appellant (In Jail Appeal No. 912 of 2006). Syed Mizanur Rahman For the convict-appellant (In Jail Appeal No. 913 of 2006). Md. Abdur Rashid- for the convict-appellant (In Jail Appeal No. 914 of 2006). Syed Mizanur Rahman- For the convict......ain in the name of starting a business of Mobile Phone dealership but afterwards Sohel wanted to do the business of shoe to which Aktar Hossain did not agree and ultimately Shohel did not return that money to Akhtar Hossain. Aktar Hossain claimed his share of rent of their paternal Hotel at Ananda B..

Category: Criminal Law | Date: | Hits: 105

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......h Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabili­ties; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and tha......2-4-2007 served a legal notice through his learned Advocate which was received by the accused petitioner on 17-4-2007 but the accused petitioner till to date has not taken any step to refund the said money to the complainant and hence the case. 4. On 6-8-2007 the accused petitioner volun­tarily ..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......al - For Respondents (In both the Writ Petitions) Writ Petition No.1264 of 2011 with Writ Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common ques­tion of law and fa......sequent­ly introduced in Ordinance, 1984 by Finance Act 1990. 14. Under self-assessment scheme all salaried persons, other than their income from other sources, and other classes of tax payers’ money in any income year, will determine their own liability at the time of filing their Income-tax ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....g to the order of stay passed at the time of issuance of the rule on 14‑12-­2002, to dispose of the Rule and abandoned his prayer to make the Rule absolute without cost firstly, because the amount claimed by the producer is a staggering and colossal sum i.e. Taka 1(one) million per day and second......Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule......taged protests at the Universal lot and published an admonishing ad in the Hollywood Reporter. In a letter to MCA Chairman Lew Wasserman, Bill Bright of the Campus Crusade for Christ offered to raise money to reimburse Universal for all copies of the film, which would "promptly be destroyed". Univer..

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

.... under section 9 of the Specific Relief Act being Title Suit No.16 of 2003 in the Court of Senior Assistant Judge, Nasimagar, Brahmanbaria inpleading the opposite parties as defendants. The plaintiff claims that on the death of his father Fazar Ali, he by way of amicable partition, got the suit land......ariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assista......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......ha Rin Adalat Ain, 2003 (briefly as Ain 2003) and the impugned order No.22 dated 9-8-2006 passed by the respondent No.1, in Money Execution Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should no...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......2, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lo......rman, Rajdhani Unnayan Kartripokha (herein after called RAJUK) and after observing all legal formalities RAJUK allotted a 5 katha's plot in favour of the petitioner on receiving the due consideration money of the Plot. 9. The learned Advocate for the petitioner submits that if the allegations bro..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....l Chandra Shaha and the properties of late Gour Gobinda Shaha were given to his wife Shurashi Bala as life estate. So she had no power to transfer the said land nor to making will and the property as claimed as owner by the opposite party having a will from Mrs. Shurashi Bala the Court and even the ......t Court, Pabna, in Title Appeal No.45 of 2003 affirming those dated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a suit for declarati......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..

Category: Property Law | Date: | Hits: 83

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....e has argued that the alle­gation of the writ petitioner that the final decree in question is illegal could be agitated in appeal and not in the writ jurisdiction; that since the writ peti­tioner's claim is based on the allegation that the final decree in question is illegal this writ petition can......-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998 which is now pending in Artha Rin Adalat No.1 Chittagong. 2. The material facts necessary for disposal of this rule are as follows: Wahed Jute Mills Ltd. availed loan facility of Taka 48 ......of decreetal amount and, as such, the application for drawing final decree required to be filed within 3 years on expiry of these 45 days. These 45 days fixed in the preliminary decree for payment of money, admittedly expired long before 3 years of filing of the application for drawing up the final ..

Category: Civil Law | Date: | Hits: 134

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....couraged in a civil proceeding specially when the same is relates to declaration of title or relates dispute in respect of any property. 14. In the present case in hand the plaintiffs raised their claim on the strength of an oral agree­ment. In support of the agreement the plaintiffs adduced ora......r order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a dec­laration that the registered sale deed ex......ract may be enforced against— (a) Either party thereto; (b) Any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract". 18. So it appears that a Specif..

Category: Property Law | Date: | Hits: 90

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......bordinate Judge and Artha Rin Adalat No.2, Dhaka in Title Suit No.2 of 1995 should not be set aside. 2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property ment......er filed petition under Order 7, rule 10 of the Code of Civil Procedure for return of the plaint which was rejected by the trial Court on the ground that the plaintiff is a society which advanced the money to the present petitioner and that the Court also disposed of certain other suits of similar n..

Category: Civil Law | Date: | Hits: 135

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....ufficient interest may be able to cross, what is called, the threshold stage on the averments made in the writ petition but it will always remain open for a prospective respondent to contest the said claim on facts and also to assail the bonafides or even the appropriateness in a particular case of ...... Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

.... independent transfers or sales. It is true that if by the document lands of several holdings are sold the pre-emptor can maintain one application for pre-empting the lands of all the holdings if his claim is not otherwise barred, but if the sales are different and independent then in that case the ...... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land. 2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ..

Category: Property Law | Date: | Hits: 113