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....ammadullah - For respondent No.1.
Appeal from Original Older No.381 of 1980 with Civil Rule No.815 (FM) of 1980.
Judgment
Md. Altaf Hossain J.- This appeal is directed against an order dated 10.6.80 passed by the learned Subordinate Judge, 1st Court, Dacca, in Title Suit No.664 of 197......ge, 1st Court, Dacca, in Title Suit No.664 of 1979 of his Court rejecting plaintiffs' prayer for temporary injunction made in the Suit. The plaintiffs filed the suit for a declaration that the public notice issued by the defendants and published in the local dailies including the Bangladesh Observer......af Hossain J.- This appeal is directed against an order dated 10.6.80 passed by the learned Subordinate Judge, 1st Court, Dacca, in Title Suit No.664 of 1979 of his Court rejecting plaintiffs' prayer for temporary injunction made in the Suit. The plaintiffs filed the suit for a declaration that the ..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....espondent No.2. Writ Petition No.983 of 2000. Judgment Sheikh Abdul Awal J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned Judgment and decree dated 13-9-1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bankr......al against the Judgment and decree passed by the Bankruptcy Court and therefore, the question of entertaining an application under Article 102 of the Constitution does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareh......t 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, ..Category: Procedural Law | Date: | Hits: 114
.....
With
Civil Rule No. 613(F.M.) of 2003.
With
Civil Rule No.224 (F.M.) of 2004.
Judgment
Sheikh Abdul Awal J.- This first miscellaneous appeal is directed against the Order No.102 dated 7.7.2003 passed by the learned Joint District Judge, 1st Court and Artha Rin Adalat, Feni in E......at the instant first miscellaneous appeal filed by the appellant challenging the interlocutory order of the Artha Rin Adalat is not maintainable.
15. Now, it remains for us to consider, as already noticed, whether the Artha Rin Adalat was right in holding that:
“নিলাম বহাল ......akhali as plaintiff filed a suit being Artha Rin Suit No.1 of 1992 in the Court of the then Subordinate Judge and Artha Rin Adalat, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually,..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....riminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.347 of 1993 ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......pecial Tribunal No.3 Dhaka in Special Tribunal Case No.347 of 1993 arising out of Mirpur Police Station case No.42 dated 10‑9‑82 under section 19(a), (f) of the Arms Act, rejecting an application for bad of the appellant. 2. Facts relevant for the purpose of the appeal are, that on 10‑9‑9..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....r as a Lecturer of the Department of Management of Cheora Government College, Cheora, Police Station Chaddyagram, District Comilla. 3. Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Governing Body of the Cheora College Au......titioner as a Lecturer of the Department of Management of Cheora Government College, Cheora, Police Station Chaddyagram, District Comilla. 3. Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Governing Body of the Cheora Col...... 3. Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Governing Body of the Cheora College Authority published advertisement for appointment of Lecturers and Demonstrators in the aforesaid college. In pursuance of those adver..Category: Employment/Service Law | Date: | Hits: 72
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....oners. Md. Imam Hasan - For the Respondent No.1. Writ Petition No.5376 of 2007. Judgment Zinat Ara J.- In this Rule Nisi, the petitioners challenged the legality of the order No.12 dated 27-2-2005 passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Jari Case N......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. .......4, Dhaka in Artha Jari Case No.74 of 2003 imposing 6 months Civil detention of the petitioners and issuing warrant of arrest against them (Annexure-B-1 to the Writ Petition). 2. Facts necessary for the disposal of the rule, in short, are as follows: The petitioners obtained some loan from r..Category: Civil Law | Date: | Hits: 159
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... parties. Civil Revision No.1388 of 2006. Judgment Syed Mohammad Ziaul Karim J.- This Rule, was issued, calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 17-04-2006 passed by the learned Joint District Judge, Fourth Court, Dhaka, in Title Suit No.2...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......, opposite party Nos.1 and 2 as plaintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No...Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....uit for ejectment is not maintainable and that a suit for declaration of title and recovery of khas possession should have been filed. 2. The above issues have arisen out of the Judgment and order dated 19.7.1999 by which the learned Subordinate Judge, 4th Court, Dhaka in Title Appeal No.311 of 1......cense, S.A. record was prepared in the name of Abdul Hamid. However due to family requirement, requested the defendant-opposite parties to vacate the land verbally on 2.4.1992 and later on by a legal notice dated 15.7.1993. But the defendants, through their Advocate, replied to the legal notice wher......ertain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heri..Category: Civil Law | Date: | Hits: 123
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....the Petitioners. Santi Ranjan Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No.402 of 1986. Judgment Gour Gopal Saha J.- This Rule calls in question the Judgment and order dated 28‑11‑95 passed by the learned Subordinate Judge, Netrokona in Miscellaneous Appeal No.192...... opposite party No.1 is a stranger thereto. Opposite party No.2 transferred the case land to Opposite Party No.1 by a registered Kabala dated 9‑2‑77 at a consideration of Taka 2000.00 only but no notice of the disputed sale was served upon him as required under section 89 of the SAT Act. It was ......and order dated 20-4-1981 disallowing pre‑emption under section 96 of the State Acquisition and Tenancy Act. 2. Abdur Rashid Bhuiyan, predecessor-in‑interest of the petitioners, filed a case for pre‑emption under section 96 of the SAT Act, being Miscellaneous Case No.16 of 1979, alleging,..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....e ‑ For the opposite parties. Civil Revision No.33 of 1992. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner calls in question the Judgment and decree dated 30‑10‑91 passed by the Subordinate Judge, Kushtia in Title Appeal No.229 of 1988 reversing......orary injunction on 8‑9‑86 in order to restrain the defendant Nos.1 and 2 from dispossessing the suit land including huts and trees standing thereon. The trial Court, thereupon, issued show cause notice on the said defendants and passed an ad‑interim order of injunction to the above effect. Th...... decreeing the suit. 2. The fact involved in this case, in brief, is that the plaintiff‑petitioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land..Category: Civil Law | Date: | Hits: 59
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
.... Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (the Code) against the judgment and order dated 28.9.1995 passed by the learned Subordinate Judge, 2nd Court, Madaripur in Miscellaneous Appea......site party No.3 (in original miscellaneous case) against transferred .60 acre of land to opposite party Nos.1 and 2 (also in original miscellaneous case) by a registered kabala dated 4.9.1979. But no notice of transfer was served upon the pre-emptor and other co-sharers. Opposite party Nos.1 and 2 a......l Haq-For the Opposite Party No.1. Md. Mojibur Rahman-For the Opposite Parties. Civil Revision No.1089 of 1996. Judgment Quamrul Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....2 of 2002. Judgment Md. Ashfaqul Islam J.-This criminal appeal at the instance of the accused-appellant Alkas Gorami has been preferred against the judgment and order of conviction and sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant ......n on the findings of the co-existence of the facts of such a nature from which only inference can be made that none but the accused-appellant himself committed the said offence. We also take judicial notice that except the fact that the appellant was last seen with the deceased (Haider) there is no ...... sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant under section 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 months m..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....th a recommendation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from the office of the then Prime Minister under Memo No.C/14/91/Ctg/1522 dated 18-1-93. Thereafter, the accused-petitioner filed a Naraje-Petition against the submission o......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......urt of Senior Special Judge, Chittagong shall not be quashed and/or such other or further Order or Orders passed, as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows:- One Monjur, the then Inspector of Distric..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....aking ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, ...... the release-print of the film they issued two post dated-cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, but dishonored. Then FDC, after several written notices, issued the final notice dated 21.03.2001 under section 32 of Film Development Corporation A......posite party No.1 being the Bangladesh Film Development Corporation (FDC) represented by its Law Officer Md. Ruhul Amin. 3. We have heard Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... Civil Revision No.648 of 2006. Judgment Md. Mizanur Rahman Bhuiyan J.- This rule was issued calling upon the opposite party Nos.1-10 to show cause as to why the impugned Judgment and decree dated 13.08.2005 and 18.08.2005 respectively passed by the learned Additional District Judge, Kurigr...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......urigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that the suit jote ..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....al - For the State. Criminal Appeal No.2869 of 2002. Judgment Siddiqur Rahman Miah J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 24.08.2002 passed by the learned Judge, Metropolitan Special Tribunal No.6, Dhaka, in Metropol......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. .......S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En..Category: Criminal Law | Date: | Hits: 77
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....in modified form was issued on 17-7-2005 calling upon the respondents to show cause as to why the impugned final notice vide Memo No.রাজউক/নঅঅ/২সি-০১/০৫/-৫১৭ মূdated 12-7-2005 issued under the signature of respondent No.2 (Annexure-G) directing the petitioner ......kaddas Ali and Syed Golam Mostafa, Advocates - For the Petitioner. Rehana Malek, Advocate - For Respondent No.1. Writ Petition No.4628 of 2005. Judgment Md. Awalad Ali J.- Two notices being Memo No. রাজউক/নঅঅ৪/২সি-০১/০৫/৪০১(১৪)-১২......the Authorised Officer, RAJUK, Dhaka were initially challenged by the petitioner in this writ petition and Rule was issued on 3-7-2005. Subsequently, on an application filed by the petitioner praying for further Rule, Rule in modified form was issued on 17-7-2005 calling upon the respondents to show..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......o having been failed, the Assessee-applicant preferred the instant I.T. Reference application before this court, upon formulating the question as has been mentioned earlier. 5. Upon service of the notice the learned Assistant Attorney General Ms. Mahfuza Begum, appeared and filed affidavit-in-opp...... Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1..Category: Fiscal/Taxation Law | Date: | Hits: 83
....o.1689 of 2006).
Civil Appeal No.256 of 2009.
With
Civil Appeal Nos.253-255 of 2009.
And
Civil Petition for Leave to Appeal No.1689 of 2006.
(From the judgment and order dated 27.07.2005 passed by the High Court Division in Writ Petition No.4604 of 2004 with Writ Petiti...... though under age. So, a power in a lease, enabling the lessor to resume “possession of any portion of the premises demised”, enables him to resume all (Liddy Vs. Kennedy), L.R.5 H.L. 134). So, a notice of an extraordinary meeting (Companies Clauses Consolidation Act 1845 (c.16), s. 70 –see Co......
Judgment
August 7, 2012.
Result:
Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed.
Civil Appeal No.253 of 2009 is allowed.
Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of.
Cases Referred to-
Duck Vs..
Category: Environmental Law | Date: | Hits: 434
.... Bank-petitioner has been issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 21.09.1997 passed by the Additional Divisional Commissioner, Chittagong Division in Money Appe......g from 30.12.1984 and ending on 30.06.1987 but surprisingly the respondent No.5, neither started the works of the project nor repaid the loan money inspite of repeated reminders followed by the legal notice.
3. In the backdrop of the aforesaid facts and circumstances, the petitioner-Bank finding ......m fit and proper.
2. Facts giving rise to the Rule are that the petitioner is a Manager of Bangladesh Krishi Bank, Rangamati Branch, Rangamati. The respondent No.6 filed an application to the Bank for sanction of loan for their fishing project of Kaptai Lake and thereupon the Bank sanctioned taka..
Category: Civil Law | Date: | Hits: 74
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