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Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)

.... on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh challenging Judgment and Decree dated 05.07.2007 (degree signed on 11.07.2007) passed by the Judge, Artha Rin Adalat No.1, Dhaka in ......কাতà§à¦¤à¦° টাকা চৌদà§à¦¦ পয়সা) টাকায় পà§à¦°à¦¾à¦¥à¦®à¦¿à¦• ডিকà§à¦°à§€ পà§à¦°à¦¦à¦¾à¦¨ করা হইল।†and also challenged the auction notice dated 09.07.2009 published in Daily Amar Desh by Sonali Bank, in order to sell the mortgaged ......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..

Category: Civil Law | Date: | Hits: 37

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

..... Abu Tariq J.-This Rule was issued, calling upon the respondents to show cause as to why the Office Order under Memo No.à¦à¦®à¦¸à¦¿/টি, ও-২/à¦-১২/২০০১ (অংশ-à§§)/৪৭৪ dated 24.09.2009 (Annexure-g), issued under the signature of the respondent No.2, the Director of Tr......try. The respondent No.3, accordingly, through his letter dated 19.08.2009, asked the Chairman, Bangladesh Mudran Shilpa Samity to explain the allegation and the Chairman B.M.S.S. replied to the said notice on 13.09.2009. 5. In the meantime the respondent No.2 through his order dated 24.09.2009 (......nsed under the Trade Organization Ordinance 1961, (Ordinance No.XLV of 1961) to function as a Trade Organization of the sector printing and packaging Industry. The Chairman of the executive Committee for the year 2007-2009 made a prayer to the director, Trade Organization, Ministry of Commerce, the ..

Category: Business or Commercial Law | Date: | Hits: 72

Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)

....Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Respondents to show cause as to why the impugned order dated 14-11-2007 passed by the Respondent No.1 vide Nathi No. Customs Excise and VAT Appellate Tribu......ound leading 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 serv­ice rendered by th......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 serv­ice rendered by the petitioner in the bus..

Category: Fiscal/Taxation Law | Date: | Hits: 40

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....f 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special Case No.99......the impugned Judgment and order of conviction and sentence as there are some contradictions in the evidence of P.Ws. 33. For the purpose of answering to the said question posed it be profitable to notice section 561A of the Code of Criminal Procedure which run thus:- "561A. Nothing in this Cod......riminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No..

Category: Criminal Law | Date: | Hits: 36

Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ndered 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 realiza­tion of VAT and why the SRO No.202 dated 10-6-2010 issued by the respondent No.2 purportedly under section 8(4) of the VAT Act, 1991 di......an only be done by the Government. It lies indeed with the domain of the Government. (emphasis given) 16. In paragraph 10 of the petition by a chart (Annexure-D series), it has been brought to our notice that from 2004 to 2009 the petitioners had been given exemption from paying VAT at all. But b......e as to why the classi­fication/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 realiza­tion of VAT and why the SRO No.202 dated 10-6-2010 issued by the responden..

Category: Fiscal/Taxation Law | Date: | Hits: 51

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....mitted that the prayer for temporary injunction should not be granted. The learned Munsif on hearing the parties rejected the plaintiff's prayer for temporary injunction, by his Judgment and order dated 16.1.79. Being aggrieved the plaintiffs filed an ap­peal. The said appeal has been dismiss......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, how­ever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......sore passed in Title Suit No.839/78 on 16.1.79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a de­claration to the effect that the suit land where, a cattle market sits once in a week is n..

Category: Property Law | Date: | Hits: 19

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....hman (Helal), Advocate - For the Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat 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 th......aid Rule was made absolute vide Judgment and order dated 29.06.2004 and directed the Court of Settlement to dispose of the case within one month from the date of receipt of the Judgment after serving notice to all petitioners. 7. The record of the Court of Settlement was sent back to the Court of......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..

Category: Procedural Law | Date: | Hits: 24

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Rafi Ahmed, the learned Advocate appearing for the accused-petitioners, referring the police report dated 9.8.2001 and the judicial inquiry report dated 3.9.2001 as contained in Annexure B & C to ......the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. Ahmed, in the course of argument, placing the notice dated 2.9.2004 issued by the General Secretary of Comilla Bar Association as contained in “......Rule the opposite parties were called upon to show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.294 of 2004 under Sections 448/385/427/506 of the Penal Code pending before the Sessions Judge, Comilla shall not be transferred to the Court of Sessions Judge, Brahmanbar..

Category: Criminal Law | Date: | Hits: 18

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....o.9539 of 2005. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the Deputy Commissioner, Barisal to show cause as to why the proceedings of Kotwali Police Station Case No.69 dated 27.12.2000, corresponding to G.R. No.697 of 2000 now pending in the Court of Magistrate, 1st C......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. ...... 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..

Category: Criminal Law | Date: | Hits: 24

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....is death penalty. The convict Habibur Rahman preferred Jail Appeal No.497 of 2003 and convict Harun preferred Criminal Appeal No.2140 of 2003 against the Judgment and order of conviction and sentence dated 27-5-2003 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case ......the record that the prosecution neither exhibited any injury certificate before the trial Court nor examined the doctor to prove the injuries on the persons of P.W.6 and P.W.12 41. We have already noticed that 20 wit­nesses were examined in this case, of whom 6 eye-witnesses, namely, P.Ws.1-5 an......No.497 of 2003. Judgment Sheikh Abdul Awal J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Sylhet for confirmation of the sentence of death imposed upon the condemned prisoner Moinuddin in Sessions ..

Category: Criminal Law | Date: | Hits: 24

Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)

....b, Advocates - For the Opposite Parties.  Civil Revision No.3971 of 2005. Judgment Md. Abdul Aziz J.- Opposite Party No.1 was called upon to show cause as to why the Judgment and decree dated 5-9-2005 and 8-9-2005 respectively passed by the learned Joint District Judge, Second Court, N......e qualification and experi­ence of 12 years for appointment as Headmaster of the school, that defendant Nos.2-7 and 10-12 were not Members of the Managing Committee of the school, that no show cause notice was issued to him calling for any explanation giving him any opportunity for self-defence, et......anj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff insti­tuted the suit against the defendant for decla­ration that his removal from the post of Head­master of the Suit School is illegal, inop..

Category: Employment/Service Law | Date: | Hits: 29

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

.... the petitioner on 2-5-1992 and 26-4-1994. The Executive Engineer of the Mongla Port Authority-Respondent No.6 by Memo No.মবক/সি ই (সি ও হা)/কনস/২১১/৮৫-৬২৯ dated 14-12-1992 requested the petitioner to appear before the Arbitrator-respondent No.4 on 17-1-19......f together with the depositions and documents which might have been taken and proved to be filed in Court if the Arbitrator or umpire does not file the award in Court. Such Court shall thereupon give notice to the parties of filing of the award and can also direct the arbitrator or umpire to cause t......dents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006; HD Vora Vs. State of Maharashtra, (1984) 2 SCC 337; State of Ka..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)

....Miscellaneous Case No.8550 of 2001. Judgment Sharif Uddin Chaklader J.- This rule at the instance of the petitioners, 3 in number for quashment of the proceeding of Doublemooring P.S Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121A/109 of the Penal Code pending in the Cou......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......te……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agrabad Com Area, Chittagong, Represented by its Chief Account & Company Secretary Shamsuddin Ahmed……………Petitioner for addition of opposite party Judgment April 15, 2007. Result: The rule is made absolut..

Category: Criminal Law | Date: | Hits: 114

Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)

....l Miscellaneous Case No.8625 of 2003. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03.2002 pending in the Court of Magistrate, 1st Class, Sylhet should not be quashed and/or ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......The State................................................................Opposite party Judgment February 6, 2007. Result: The Rule is made absolute. Lawyers Involved: Nasima Khatun for A. M. Mahbub Uddin, Advocate - For the petitioners. Md. Anisur Rahman, Assistant Attorney Ge..

Category: Criminal Law | Date: | Hits: 114

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....collusion with accused-petitioner Ahmed Ali Lasker, Clerk of the said school dur­ing the period from 1979-1983 misappropriated a total amount of Tk. 1,32,269.94 paisa from the school fund on various dates by creating false vouchers and committed the offences punishable under sections 420/467/471/34......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... Abu Salek - For the Petitioners. None – For the Respondants.  Criminal Revision No.1 of 1986. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This application u/s. 561A Cr.P.C. is for quashing DAB G.R. Case Nos. 44(A), 44(B), 44(C), 44(D) and 44(E) of 1983 arising out of DAB G.R...

Category: Criminal Law | Date: | Hits: 144

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....02. Judgment Siddiqur Rahman Miah J. - This Criminal Appeal under section 30 of the Special Powers Act, 1974 at the instance of Yunus Ali and Shawkat are directed against the judgment and order dated 16-9-2002 passed by the Special Tribunal No. 2, Khulna in Special Tribunal Case No. 319 of 199......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ibunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6 (six) m..

Category: Criminal Law | Date: | Hits: 134

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....ndent Nos.1-4.  First Appeal No.503 of 2000. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of the defendants as appellants, is directed against the Judgment and decree dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the ......y Dr. M Zahir to the effect that the contract in question is enforceable in part is also not sustainable more particularly when it is evident that the same is not a divisible one. 21. We have also noticed that the case relied on by the learned Counsel for the respondents reported in 26 DLR 347 an......e dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the learned Sub-ordinate Judge, now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are tha..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....ecorded in the name of Paresh Nath Ghose. But as a matter of fact, the said property belonged to Paresh Nath's father Janaki Nath Ghose who died leaving wife Charu Balaashis only hei­ress. By a deed dated 20.03.48 she sold all her interest in the property in favour of the said Debendra. Debendra ha......e admi­nistration of property belonging to the enemies were made to continue by the Enemy Proper­ty (Continuance of Emergency Provisions) Ordinance, 1969 (Ordinance No.1 of 1969). 14. It will be noticed that in order that the Authority concerned could exercise its power under the Defence of Pak......ict Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy pro­perty proceeding as described in schedule 'Ka’ to the plaint..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....posite parties. Civil Revision No. 411 of 1994. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellants was issued to examine the legality of judgment and decree dated 14.10.1993 (decree signed on 21.10.1993) passed by the Subordinate Judge (now Joint District J......t land by residing at the reconstructed house in Ka schedule land and performing rituality and worshiping in a temple at Kha schedule land. All on a sudden the vested property authority served them a notice on 6.9.1976 to surrender possession of the suit land claiming it to be a vested property, thu......Judge), Jessore in Title Appeal No. 257 of 1989 dismissing the appeal and affirming those dated 28.6.1989 passed by the Assistant Judge, Jessore Sadar in Title Suit No.738 of 1976 dismissing the suit for perpetual injunction. 2. The predecessors-in-interest to petitioner Nos.1(a)-(b), 6(a)-(b) an..

Category: Property Law | Date: | Hits: 57

Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

....r Rahman (Helal), Advocate - For Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the......id Rule was made absolute vide Judgment and Order dated 29-6-2004 and directed the Court of Settlement to dispose of the case within one month from the date of receipt of the Judgment after serv­ing notice to all petitioners. 7. The record of the Court of Settlement was sent back to the Court of...... Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Order dated 17-5-2006 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..

Category: Property Law | Date: | Hits: 66