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Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....aring along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 pas......In spite of that the bank tried their level best to realise their money from the Siemens pursuant to the undertaking given by them and it is only when their efforts failed they have brought it to the notice of the appellant about the liability vide their letter dated 29.8.2001 and in spite of that l......ith T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (here..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....2. Judgment Faruque Ahmed J. Â- This Rule at the instance of the defendant petitioners was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and decree dated 29-1-2002 passed by the learned Joint District Judge, Court No.1, Borguna in Title Appeal No.2......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title st..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....the parties once again fought upto the Appellate Division and still fighting before the High Court Division in this Revision, arising out of the said suit. The suit was dismissed for default by order dated 2‑3‑1996 for non‑appearance of the plaintiff. On an application of the plaintiff under s...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......6. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ion of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list of abandoned property is sufficient relief and from the date of delivery of the Judgment the property is obviously not an abandoned property and it stands e......was a national and permanent resident of Bangladesh. On 17-11-73 Mohammad Moinuddin contracted to sell the said house to one MA Quasim and while the said contract was in force the Government issued a notice on 30-1-79 to the said Mohammad Moinuddin to surrender possession of the house within 7 days....... notification excludes it from the list of abandoned buildings or not. The effectiveness of the Gazette notification whereby the disputed house was included in the list of abandoned property lost all force with the delivery of Judgment by the Court of Settlement. Under the above circumstances any fu..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....oit and upon focusing torch light he found accused Mesbahuddin with a cut rifle in his hand. They also caught him with the arms and ammunition. P.W.7 Kabiluddin has stated in his evidence that on the date of occurrence at a 7/7-30 PM he heard some hue and cry and went out towards the field and he fo......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......should be a commission of dacoity; (2) that in course of commission of such dacoity a murder is committed and (2) that each and every member of such dacoity numbering over 5 are constructively liable for commission of the offence………………………………..(9) Use of the word ‘murderâ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....meetings. 29. The approval was, however, accorded subject to certain covenant. BGMEA also successfully applied for clearances and authorisation from other concerned authorities. By a communication dated 27th January 2004, RAJUK intimated BGMEA that the Building Construction Committee had accorded......n Bureau (EPB for short), upon approval of the Ministry of Commerce, allotted the subject land to BGMEA to enable it to construct its building. 33. BGMEA went on to say that RAJUK never issued any notice upon it alleging any breach of any provision of the Building Construction Act 1952 (hencefort......Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additiona..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the Opposite Parties. Civil Revision No.1743 of 2008. Judgment Md. Nizamul Huq J.- This rule was issued calling upon the Opposite Party Nos.1-8 to show cause as to why the judgment and order dated 27.03.2008 passed by the Additional District Judge, Brahmanbaria in Miscellaneous Appeal No.75......are outsiders in the jote having no lands in the suit jote; that the purchasers in collusion with seller Opposite Party No.9 and without any knowledge of the pre-emptors and without issuing co-sharer notices upon the pre-emptor on 28.8.1995 has created this sale deed. The seller Opposite Party Nos.9......The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.0..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....l Revision No.1221 of 2007. Judgment M. Enayetur Rahim J.- This rule at the instance of the decree holder petitioner was issued calling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.......d perusing the relevant documents, filed by the respective parties by the impugned judgment and order disposed of the Execution Case and refused to give the advertisement costs for publishing auction notice in news paper and the legal expenditure. 7. Being aggrieved by the said order the petition......ioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to r..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Cause Courts Act, 1887 (Act IX of 1887 for revision of an order dated 19-3-07 passed by the Senior Assistant Judge at Sadar in Sylhet in Miscellaneous Case No. 18 o......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......e of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds ..Category: Civil Law | Date: | Hits: 281
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ssued on 24-10-2011 callÂing upon the opposite-parties to show cause as to why the accused petitioner shall not be enlarged on bail in ACC GR No.1 of 2011 arising out of Double mooring PS Case No.25 dated 24-1-2011 punishÂable under section 5(2) of the Prevention of Corruption Act, 1947 read with ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......bir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers I..Category: Criminal Law | Date: | Hits: 151
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ers in the best interest of the investors and development of the capital market. 10. The Commission in bringing the impugned amendment has followed due process of law. The Commission by its letter dated 10.6.2008 constituted a committee (in which representatives of Dhaka Stock Exchange and Chitta......¦°à¦¿à¦¤à§‡ হইবে। 14. The Rule Nisi was issued on 4.8.2008 against the proposed amendment of Rule 66. But the amendment of Rule 66 was made on 28.7.2008.When this fact was brought to the notice of the learned Advocate of the petitioners by the affidavit-in-opposition of Respondent Nos. ......ties and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the Rules) prohibiting Mutual Funds to issue bonus or rights shares. On 20.6.2008, after a meeting of Respondent No.1 its spokesman informed the reporters that there would be some alterations in the SEC (Mutual Fund) Rules, 2001. One ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....te parties. Civil Revision No. 3167 of 2000 Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and order dated 6.4.2000 passed by the learned Sub-Judge, 2nd Court, Brahmanbaria in Title Appeal No.23 of 199......s Raj Kumar became the owner of the suit property on 19.1.79 and the plaintiff petitioner purchased the suit land from Raj Kumar and was peacefully possessing the same when opposite party No.1 issued notice upon the petitioner declaring the suit property as vested and non resident and the petitioner......or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for ..Category: Property Law | Date: | Hits: 155
....- On an application under Article 102 of the Constitution the petitioner obtained this Rule calling upon the respondents to show cause as to why the impugned order vide Memo No.PJM/Proshason/3/25/621 dated 1.12.2005 passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.......ng her duties with all sincerity, honesty and due diligence. As per office record, the date of birth of the petitioner is 01.01.1949. During the course of her service she was served with a show cause notice on 01.12.2005 (Annexure-A) directing the petitioner to go on retirement on 31.12.2005 on comp...... retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are that the petitioner was appointed to the pot of "Sweepress" un..
Category: Criminal Law | Date: | Hits: 143
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....dus J.- Rule was issued under section 439 of the Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting pr......5(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State opposite party was dispensed with and the matter was fixed for final hearing in...... under section 15(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State opposite party was dispensed with and the matter was fixed for ..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....s. Md. Abdur Rahman Howladar, Assistant Attorney General-For the State. Criminal Appeal No. 2394 of 1995. Judgment Mohammad Ullah J. - This criminal appeal is from the judgment and order dated 8.10.1994 by which the learned Sessions Judge, Tangail, in Session Case No.96 of 1994, convict......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......……………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informati..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....on 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the date of provisional assessment be finally assessed and on completion of such assessment the appropri......espondent No.3 illegally proceeded with for encashment of Bank Guarantee which was furnished at the time of provisional assessment. For encashment of Bank Guarantee the respondents should have issued notice upon petitioner asking him as to why the Bank Guarantee should not be encashed……………...... Customs Act is mandatory in nature. Without following the mandatory provisions the respondents have made clear violation and without making final assessment, respondent No.3 illegally proceeded with for encashment of Bank Guarantee which was furnished at the time of provisional assessment. For enca..Category: Fiscal/Taxation Law | Date: | Hits: 194
....is single judgment.
2. In these Writ petitions the petitioners challenged the legality and propriety of the collection of Advance VAT at the rate of 1.5% pursuant the SRO No.260/Law/2004/431-Musak dated 30-8-2004 from the petitioners at the import stage which are not application on the petitioner......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......r received all shipping documents covering the Commercial Invoices, Bills of Lading etc.
6. It is stated that usually in case of charter vessel the importers are bound to submit Bills of Entries before arrival of the ship on the basis of Import General Manifest (IGM) under Section 79 of the Custo..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....e Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 und......was affirmed in appeal although the plaintiff was the rightful owner and have all along been in possession of the same. The said decree is fraudulent and colluÂsive. 11. The defendant No.1 served notice in 1980 upon defendant Nos.3-9 under Act X of 1953 for surrendering possession of 0.20 acre o......g in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setÂting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, te..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....r to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitioner subÂmitted a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. Thereafter on 27-2-2006 the plai......eque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. Thereafter on 27-2-2006 the plaintiff petitioner bank served a legal notice for making the payment within 7 days of receipt of this notice but even after receiving of th......aÂneous Case No.55 of 2006 under section 138 of the Negotiable Instruments Act, now pending in the Court of Additional Sessions Judge, 2nd Court, Gazipur should not be quashed. 2. Facts necessary for disposal of the rule are that on 23 to 26 the complainant opposite party No.1 filed a Complaint ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
.... Advocate -for the opposite parties. Civil Revision Case No.4052 of 2009. Judgment Sharif Uddin Chaklader J.- This rule by the plaintiff, directed against Judgment and Order No.209 dated 17-6-2009 passed by the learned Joint District Judge, Comilla in Arbitration Suit No.01 of 199......ubmitted representation and asked for settlement of the bill through Arbitration. Since the defendant opposite parties failed to start Arbitration proceedings, plaintiff-petitioner by issuÂing legal notice dated 1-4-1995 upon the opposite parties, appoint an Arbitrator under the Arbitration Act of ......Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water DevelopÂment Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ..Category: Civil Law | Date: | Hits: 195
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