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Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....possession of the case land was delivered on the very date of its execution, that is, on 25.12.1992, the pre-emptor No.3 Abdur Rahman is a deed writer and in the Biswanath Sub-registry Office, at the relevant time, there were only three deed writers and they used to side by side and so the pre-empto......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others…......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....bmits that the petition is a derivative action on behalf of the Star Service Limited which is a shareholder of the respondent company Bulk Management Limited. 11. It may be convenient to quote the relevant provision of the Companies Act, 1994 in respect of winding up of a company. Section 245 of ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......eme Court High Court Division (Original Civil Jurisdiction) Present: Mainur Reza Chowdhury J Mazharul Haque.....................Petitioner Vs. Bulk Management (Bangladesh) Ltd. and others.................Respondents Judgment April 4, 1996. Result: The application i...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....who are responsible for such failure shall have to explain the reason therefor and if the explanation is not found satisfactory he or they may be proceeded against on charge of inefficiency under the relevant provisions of law. In the instant case, it appears that admittedly the petitioner is an emp......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......reme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Mahatab Hossain (Md)…………….Petitioner Vs. Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazi......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
.... ix) Such other authorities as may be prescribed by the Statutes to be the Authorities of the University.” Section 16 of the Ordinance describes the powers and functions of the Syndicate. The relevant portion of section 16 necessary for our purpose is as follows “16. Subject to the othe......s that may be offered to the selected candidates for the posts of teachers.” 10. It appears that the Registrar of the University, the respondent No. 2, published a notice on 19-4-2000 in the newspapers, inviting applications for filling up different teaching posts in various Departments in the ...... Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Ch......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....o received the loan money failed to repay the loan an enquiry was conducted and it was found that the reasons named in the list are all fictitious persons and the defendant who was the manager at the relevant time by practising fraud upon the bank misappropriated the amount allegedly distributed to ......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......…..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Khondker AM Mohs......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173...Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....e Motion and decided to remove the petitioner from the post of Panel Mayor No.1. The LGRD Ministry has approved the said no confidence motion and declared the post vacant and given financial power to relevant counselor in accordance with law. The High Court Division has thus nothing under Article 10......ps in accordance with law and procedure and issued the impugned order. 14. We have heard the learned Advocates of the petitioner and the respondents, perused the affidavit-in-opposition, connected papers etc. and the materials on record. 15. It appears that the post of the petitioner has been ...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Mohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...Category: Others | Date: | Hits: 136
....ed the present Rule.
5. Mr. Abdul Matin Khoshru, the learned Senior Counsel appearing with Mr. Sarder Zinnat Ali, the learned counsel on behalf of the petitioner after placing the petition and the relevant Annexures appended thereto advanced his argument mainly on the ground that the parliament b...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......msul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner
Vs.
National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is dis...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....proved those posts. All these annexures have been later proved to be false and forged for the reasons stated below;
i. The fact that no post of ‘Assistant Chief Medical Officer’ existed at the relevant time was found in Writ Petition No. 2391 of 2005.
ii. Under the budget of the concerned ......ow cause as to why the said judgment and order dated 22.8.2006 should not be reviewed and reversed in the public interest.
26. It is submitted that annexure 11, 11-A (the two advertisements), 12 (papers of the Selection Board relating to the second advertisement-15.9.2004), 6, 10, 10-A, 10-B (pa......obinda Chandra Tagore J. - I agree
This Case is also Reported in:
......e has come to light as stated above. Hence the Review Petition.
24. It is submitted that the informant of the criminal case mentioned above, upon learning about the forged advertisements and other documents, on 14.11.2007 made a written application to the Registrar of the Supreme Court of Banglad..
Category: Administrative Law | Date: | Hits: 371
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....Subordinate Judge accordingly hold that the schedule 1 land belonged to Akram Ali alone and schedule 2 land belonged to Akram Ali and defendant 2 jointly in terms of the kabuliyat Ext. 2 and in the relevant record of right the entries were accordingly made correctly. On the aforesaid basis the lea......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11....... This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....s" as a matter of necessary implication the person sought to be affected must at least be made aware of the nature of the allegations against him, he should be given a fair opportunity to make any relevant statement putting forward his own case and "to correct or controvert any relevant stateme......mp; Discipline Ordinance stated to have been forwarded to the learned Advocate for the petitioners by the Vice-Chancellors of the Chittagong University was produced before the Court and from those papers it appears that even the Vice-Chancellor of the University is not authorised to take action .....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ...... For the Opposite Party. Abdul Wadud Bhuiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate......t is that being cheques these are negotiable instruments and, as such, summary procedure under Order 37 of the Code of Civil Procedure is applicable to them. 7. We have perused photo copies of the documents relating to the deposit of Taka 1,70,000.00 Taka 3,45,000.00 and Taka 2,00,000.00 issued b..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sar......e matter who admitted that they had been selling the said Dust Fish at the rate of Taka 2,500 to 2800 instead of Taka 1,300 per Kg as fixed by the Government. Accordingly they searched the connecting papers from the concerned office and finding the allegation true arrested the accused-petitioner. Th......e Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposa......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
....ner moved this Division and obtained the present Rule.
5. Mr. Gazi Md. Mohsin, the learned Counsel appearing on behalf of the petitioner after taking us with the petition, impugned order and other relevant papers thereto and also supplementary affidavit mainly submits that the impugned order pass...... this Division and obtained the present Rule.
5. Mr. Gazi Md. Mohsin, the learned Counsel appearing on behalf of the petitioner after taking us with the petition, impugned order and other relevant papers thereto and also supplementary affidavit mainly submits that the impugned order passed under ......18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petition, in short, is that the pet......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....objection, if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, rent receipts and other relevant documents in the office of the defendant No.3 with an objection that the suit land is not a...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......is Case is also Reported in: 16 BLC (HCD) (2011) 37......., if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, rent receipts and other relevant documents in the office of the defendant No.3 with an objection that the suit land is not a vested p..Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....e plaint then the Order could be deemed to be a decree as defined in section 2(2) of the Code of Civil Procedure and as such appealable. On perusal of the impugned order of the learned Munsif and the relevant provisions of law, it is clear that the said order was not at all appealable, but the appea......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......vocate—For the Opposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....ase, as we have already stated, 7 P.Ws. have been examined by the prosecution to substantiate the charge. 15. P.W.1 Md. Abdul Barek Mia who was the Officer‑in-Charge Bamna. Police Station at the relevant time is the informant in this case. He said that on 20‑4‑89 an UD Case No.1/89 was star......Ws. to bring home the above charge against the accused and he also was examined under section 342 CrPC when he again pleaded not guilty but did not examine any defence witness and only submitted some papers. The learned Special Tribunal on consideration of the facts and circumstances of the case and......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......uently by filing another set of written statements denied the truth of their previously filed written statement and stated that on plea of compromise the plaintiff took their signatures on some blank papers which he converted into written statements in support of his own case fraudulently beyond the......ted in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....the allegation made against the petitioner. Opposite party No.4 has not asked for any vexatious or superfluous document in order to harass the petitioner. He has asked for certain kabalas and other relevant documents. The word "document" has not been defined in the Code of Criminal Procedure. This...... not been defined in the Code of Criminal Procedure. This word has reference in sub-section (16) of section 3 of General Clauses Act and section 3 of the Evidence Act. 7. From the perusal of the papers filed it is found that the present case has been instituted for non-compliance of the directi......gment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under section 175 of the Penal Code. 2. The petitioner's case, in ......r. Azizul Haque, the learned Advocate for the petitioner, submits that no offence punishable under section 175 of the Penal Code has been committed by the petitioner as he has already deposited the documents with the complainant as directed by him by his notice dated 21.4.86. The learned Advocat..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ted to examine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of disposal of the Rule are that the petitioner as plaintiff inst......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......er Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk)......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....ng cognizance by a Court the precondition is that the said Court must exercise its power as Special Tribunal and that also on the report of the competent police officer. From a consideration of the relevant provisions of the Criminal Procedure Code and the Special Powers Act it will appear that co......s house found huge number of Indian sarees and medicines in the house of the accused petitioner and also in the tin-shed attached to his house. The said goods were seized by the police but no valid papers could be shown by the inmates of the house of the accused petitioner. The case bearing Kotwal...... Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Islam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs....... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
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