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Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....ment Md. Ashfaqul Islam J.- At the instance of the petitioner Abul Hossain this Rule was issued calling upon the respondents to show cause as to why the adjudication of the Atok Case No.18 of 2001 dated 27-2-2001 arising out of Atok Customs Detention Memo No.091906 dated 26-2-2001 issued by the I......ayed for summary adjudication and for returning 42 pieces of gold bar on payment of duty and taxes payable under Baggage Rules of the Customs Act, 1969 (Annexure-E). He then received a show cause notice dated 18-4-2001 (Annexure-F) issued by the respondent No.2 to which he replied on 2-5-2001 (A......, 1969 read with section 3(1) of the Import Export Act, 1950 and section 8(1) of the Foreign Exchange Regulation Act, 1947 (Annexure-D and D-1). 4. On 28-2-2001 the petitioner submitted a prayer before the respondent No.2, Commissioner of Customs, Dhaka against the said illegal confiscation of ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....l Islam J.- At instance of the petitioner, M/S Shitalakhaya Ice and Cold Storage Pvt. Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 ......ement the petitioner spent money for the project and the bank disbursed amount by installments. But suddenly the bank stopped financing on the project and subsequently in the year 2006 issued a legal notice upon the petitioner to return the entire loan amount within 30 days. The bank then published ...... MLR (AD) 58 = 58 DLR (AD) 1; 38 DLR 172; 41 DLR 490; 17 DLR 191. Lawyers Involved: Moudud Ahmed, Senior Advocate with Raziuddin Ahmed - For the Petitioner. Kazi Rehan Nabi with Md. Lutfor Rahman, Advocates - For the Respondent No. 2. Writ Petition No. 3986 of 2010. Judgment ..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....nder section 561A of the Code of Criminal Procedure (the Code) has been issued at the instance of the 1st party petitioner calling upon opposite parties to show cause as to why the judgment and order dated 16-1-2006 of the Additional Sessions Judge, 1st Court (In Charge), Chittagong in Criminal Revi......the possession as per sub-section (4) of section 145 of the Code and can pass an appropriate order after conclusion of the enquiry and hearing the parties. But the learned Session Judge has failed to notice that the impugned order dated 12-9-2004 passed by the Magistrate was an order passed under su......achment as per section 146(2) of the Code. Next he can pass an order to appoint a receiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the parties to ascertain the possession and other relevant issues..Category: Criminal Law | Date: | Hits: 105
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... Civil Revision No.1490 of 2006. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This rule was issued calling upon the opposite party Nos. 1-2 to show cause as to why the judgment and decree dated 31-1-2006 and 7-2-2006 respectively passed by the learned District Judge, Brahmanbaria, in Tit......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......cated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....e Petitioner. Civil Revision No.162 of 2002. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.2001 passed by the Subordinate Judge, 2nd court, Lalmonirhat in Miscellaneous case No.12......a co-sharer to the case holding; that the pre-emptee No.3 in collusion with the pre-emptee opposite party Nos. 1 and 2 transferred the land under pre-emption by the kabala dated 23.11.1993; that no notice of the said kabala was served upon the preemptor; that the preemptor came to know about the....... The short fact leading to this Rule is that, the petitioner being pre-emptor filed a Miscellaneous case being No.15 of 1994 in the court of learned Senior Assistant Judge, Sadar Lalmonirhat seeking for pre-emption of the land transferred by the Kabala dated 23.11.1993 execute and registered by the..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....itution by Bangladesh Environmental Lawyers Association (BELA) represented by its Director (Programs) Syeda Rizwana Hasan, calling upon the respondents to show cause as to why the issuance of the NOC dated 27.07.2008 vide Memo No.Environment-60/Ship Import/06/Part-19/3430 issued by the office of res......rtment of Environment before any industry or project can be carried on, but the law is not being properly implemented and enforced. He pointed out that the Department of Environment previously issued notices to respondent No.8 to prevent the vessels SS Norway and MT Alfaship from entering the waters......an Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (respondent No.17) from a company based in Singapore, Yalumba Inc. (respondent No.19). Before the vessel could be imported there was a requirement to obtain a 'No Objection Certificate' (NO..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....t Shahidul Karim J.- This Criminal Appeal at the instance of the convict-appellants Jahirul Haque alias Md. Jahirul Haque and Billal Hossain alias Billal is directed against the Judgment and Order dated 20-4-2004 passed by the Learned Assistant Sessions Judge, 3rd Court, Comilla in Sessions Case ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ...... of GR No.43 of 2001 corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the appellants under section 394 of the Penal Code and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment fo..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
.... with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal No.3335 of 2005. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order dated 14-7-2005 passed by the learned Special Tribunal No.7, Narayanganj in Special Tribunal Case No......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ....... State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the ca..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....cision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any procedure (Annexure-C) should not be ......n question. 14. Moreover we cannot ignore the fact that the impugned decision was given by the Ward Commissioner on 21.05.2007 and the Rule was issued by this Court on 03.06.2007. We lake judicial notice of the fact that, in the meantime, new laws namely স্থানীয় সরকার (প......ty Corporation disrupting the easement right of the petitioner. 3. Subsequently respondent Nos.4, 5, 7 and 8 were restrained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of the Rule. 4. Pet..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ed in the schedule of the application pending disposal of the Arbitration proceeding now pending before the competent Arbitrator in Singapore. 2. After preliminary hearing, this Court vide order dated 14-12-2009, admitted the application and served show cause notices regarding the properties ......itration proceeding now pending before the competent Arbitrator in Singapore. 2. After preliminary hearing, this Court vide order dated 14-12-2009, admitted the application and served show cause notices regarding the properties in question and passed an interim order of injunction restraining......on 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....nder section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide Certificate of Incorporation dated 11-5-1997, under the Companies Act with 4 subscribers, subscribing for total 2000 numbers sh......s provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It further appears that on 23-4-2012 a notice was issued by the Respondent No.2 (Chairman of the Respondent Company) convening an Extraordi......eral meetings may, by ordinary resolution, ratify what has been done. In those circumstances the Court will not allow a minority shareholder to bring an action perusing a matter which it is competent for the majority to approve on behalf of the company..............................................(8..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....ooked simply because the learned Tribunal Judge did not state that he obviously accepted the statement in the charge sheet that the accused persons including the petitioners were absconding since the date of occurrence and they could not be arrested and produced before the trial Court by the police.......‑93 and order No.8 dated 7‑8‑93 of the Tribunal and submits that by the first order Tribunal ordered publication of notification as against the petitioners and in the second order Tribunal noticed that notifications were published in the daily Janakantha and the daily Sangram, but nowhere......s and Phrases Abscond and absconder The primary meaning of the word ‘abscond’ is to hide and when a person is hiding from the place of residence he is said to be absconder. In the Concise Oxford Dictionary the word "abscond" is defined as "depart secretly; flee from the law".................Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
.... Writ Petition No.2514 of 1995. Judgment KM Hasan J.- This Rule was issued calling upon the respondents to show cause why the memo No. jud/dosh-21/93/830 (আগ্নেয়াস্ত্র) dated 2‑8‑93 issued by respondent No.2 to the petitioner (Annexure‑A) and the seizure of the a......ed arms but till to date those arms have not been returned to him nor any reason assigned for not returning the arms and their licences (Annexure‑C). Therefore on 28‑11‑95 the petitioner served notice upon the respondents demanding justice but to no effect (Annexure‑D). Being aggrieved by th......, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the ..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....tions. This Ordinance was repealed by Artha Rin Adalat Act, 1990 (Act IV of 1990). This Act was enacted on 20th January, 1990. Section 9 of the Act envisaged that the suits which were pending on that date shall be tried by the Courts in which those were pending. But subsequently, the said section 9 ......xecuted deed of agreement and other documents in favour of the plaintiff; plaintiff made several reminder to the defendant to receive the goods from godown of the plaintiff Bank and thereafter tender notice was published in the "Daily Observer" on 9-9-1987 and in the "Daily Ittefaq" on 11-9-1987; ......dgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....e - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Judgment earlier pronounced in this case on 22-2-2011 has been recalled by order dated 6-3-2011 and a fresh Judgment is delivered as follows: 2. This revisional application under......, so the manner of execution is seriously questionable. 44. This aspect of the location of the LTI on the second page of Exhibit 1 compared to that of the first page or other pages were not at all noticed by the trial Court or by the appellate Court. Even during the first time hearing of this r...... Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as in the case of a ..Category: Property Law | Date: | Hits: 139
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....il Revision No.3339 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This Rule was issued, calling upon the opposite party Nos. 1(a)-1(k) to show cause as to why the impugned judgment and decree dated 23.03.2002 passed by the learned Additional District Judge, First Court, Jhenaidah, in Title A......sequently sold out 31 decimals of land to Chand Mia and delivered the possession thereon; that the defendant No.1 collusively instituted the Certificate Case No.68370/60-61 and by suppressing the notice under sections 7 and 46 of Public Demand Recovery Act, got the property on auction and purc......g to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, collusive,..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....ance of convict appellant Ujjal and Criminal Appeal No.2210 of 2002 at the instance of convict-appellant Golam Rasul alias Mamun are directed against the Judgment and order of conviction and sentence dated 6.7.2002 passed by the Metropolitan Special Tribunal No.9, Dhaka in Metropolitan Special Tribu...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......n Special Tribunal No.9, Dhaka in Metropolitan Special Tribunal Case No.650 of 2001 finding them guilty under section 19(f) of the Arms Act and sentencing each of them to suffer rigorous imprisonment for 10(ten) years under section 19A thereof. 2. Since both the appeals have arisen out of the sam..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....d to death. 8 were sentenced to imprisonment for life and 8 were acquitted by the learned Judge of Divisional Druta Bichar Tribunal, Chiuagong in Druta Bichar Case No.15 of 2004 by judgment and order dated 18.12.2004. As per Section 374 of the Code of Criminal Procedure the learned Judge send the ca......ant are side by side Sekander, Belal, Abul Hossain are from informant's family. He saw Abul Hossain and Sekander after the occurrence came towards East. At that time what had in their hand he did not notice. He did not remember what he stated to the investigating officer. He cannot recollect whether......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in..Category: Criminal Law | Date: | Hits: 89
....nder Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued on 04.5.2010 calling upon the respondents to show cause as to why the impugned judgment and order dated 8.2.2010, passed by the respondent No.1, in Election Appeal Case no.02 of 2009 (Annexure-F), r......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
...... of Kawkhali Upazilla Parishad under Pirojpur District in the Upazilla Parishad election held on 22.1.2009. The respondent No.4, a defeated candidate as petitioner filed Election Case No.01 of 2009 before the Election Tribunal, Pirojpur on the allegation that the petitioner made a false statement in..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....e - For the respondent No.2. Writ Petition No.2747 of 2009. Judgment Hasan Foez Siddique J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 26.2.2008 passed by the learned Joint District Judge, 3rd Court, Tangail in Artha Rin Suit No.......e had to file the execution case within the stipulated time first. So the impugned order is unlawful. 4. Mr. Md. Idris Khan, the learned Advocate appearing for the respondent No.2 submits that the notice for selling the mortgaged property in auction was issued but no auction was held and accordin......o sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Artha Rin Adalat Ain, 2003, and in case of failure to sell the property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder ba..Category: Civil Law | Date: | Hits: 174
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