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Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....2. On application filed by the second party petitioners and after obtaining a report from the local Municipal Commissioner the Sub-Divisional Magistrate, North, Chittagong drew up proceeding by order dated 04.06.1977 under section 145 Cr.P.C. restraining both the first party opposite parties and the......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ...... person entitled to possession thereof. Being aggrieved, the second party petitioners have moved this Court and obtained the present Rule. 3. Mr. Formanullah Khan, the learned Advocate appearing for the second party petitioners has taken me through the impugned judgments and orders of the Court..Category: Procedural Law | Date: | Hits: 116
....isable freedom fighters had filed Writ Petition No.2183 of 2004 against stoppage of state honorarium, which the High Court Division declared illegal and without lawful authority by judgment and order dated 7.6.2007. Against the said judgment, the Chairman of the Trust moved Civil Petition for Leave ......t to the report dated 31.3.2003 (Annexure:X-3) the ‘Rastrio Sammani Bhata’ of the petitioners were stopped.
“Admittedly before passing the impugned orders the petitioners were not served any notice or show cause against the proposed action. They were not given any opportunity to be heard. N......
Case Referred to-
Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mominul Haque Bhuiyan and others, 14 BLC (AD) 4.
Lawyers Involved:
Syed Humayun Kabir Khadem, Advocate-for the petitioners.
J. K. Paul, Advocate-for respondent nos. 2-4.
Goutam Kumar Roy, Deputy A..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....Sarker and Rokeya Begum, maid servant of that house they informed that some unknown persons killed the victim Hanif Sarker. Upon lodging the First Information Report the present Tongi P.S. Case No.26 dated 25.8.2003 under Section 302/34 of the Penal Code was started. 3. The Police after investiga......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......06 of 2008. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Gazipur for confirmation of the sentence of death imposed upon the condemned-prisoners Nazma Barker @ Beau..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
.... Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judge, Noakhali in Sessions Case No.41 of 1986 ......th the oral evidence of P.Ws. and also without considering that defence case was supported by the two gained over witnesses on consideration of irrelevant matters acquitted the accused on the grounds noticed above and found by us to have been arrived at without consideration of positive material evi......ed, Advocates - For Opposite Party No.1. Criminal Revision No.96(c) of 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why jud..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....r the Petitioner. Syed Mahmud Hossain, Advocate ‑ For Opposite Parties. Civil Revision No.2250 of 1994. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 31‑3‑94 passed by the learned District Judge, Comilla in Miscellaneous Appeal (preemptio......Opposite Party No.2, who was also a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal was concluded secretly with oblique motives. Th......us (pre‑emption) Case No.3 of 1990 dismissing the pre‑emption case. 2. Opposite Party No.1 as pre‑emptor filed Miscellaneous Case No.3 of 1990 in the Court of the Assistant Judge, Muradnagar for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 a..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
.....2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitioners calls in question the Judgment and decree dated 22-1-2007 passed by the learned Additional District Judge, 2nd Court, Noakhali in Title Appeal...... the sale deed dated 18-5-1971. It is further stated that on 20-8-1996 the plaintiffs obtaining the certified copy, definitely came to know that the suit, which was decreed on 9-8-1997, no summons or notice was served upon the plaintiffs i.e. defendants of Title Suit No.115 of 1974 and that the plai......ave given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Suit being No.66 of 1996 in the Court of Assistant Judge, Companygonj Noakhali against the opposite parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the plaintiffs is t..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....nd make the Rule absolute. In the facts and circumstances of the case, we direct the parties to bear their own costs. Anwarul Hoque Chowdhury J.- This Rule is directed against a Judgment and order dated 25.5.72 passed by District Judge, Bakerganj passed in Miscellaneous Appeal No.186 of 1974. ......atter of any children as being foreign to human nature. If not proved to be otherwise being an exception in a given case of which normal human conduct or behaviour acting in good faith would be taken notice of by a Court under section 114 of the Evidence Act. Nadira Begum's father was not under the ......1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While concurring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm..Category: Trust/Waqf Law | Date: | Hits: 134
....
Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102(2)(b)(1) of the Constitution of the People's Republic of Bangladesh and is directed against an order and Judgment dated 18‑8‑78 passed by the Sessions Judge, Patuakhali confirming the conviction and sentence pa......cts and materials which the Court is not entitled to take and it is because of the failure of the Court in taking into consideration the relevant provisions of the Veterinary Manual and the Court had noticed something else as evidenced by the Judgment itself, in allowing interferences.
5. This Ru......ssed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a..
Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....lant. No one‑For the Respondents. First Miscellaneous Appeal No.266 of 1992. Judgment Gour Gopal Saha J.- This appeal is directed against the Judgment and order dated 13‑8‑1992 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case ......and restored the suit to its original file and number. Thereafter, the suit was decreed ex parte on 7‑6‑1990 without any further intimation to the defendants. The defendant appellant received the notice from the Advocate Commissioner on 21‑9‑1991 wherefrom he came to learn for the first time......learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case No.97 of 1991 dismissing the appellant's application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the appeal are that respondents filed a suit for partition before the learned Sub..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Advocate ‑ For Respondent Nos.1 & 2. Writ Petition No.1135 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned order No.43/94 dated 20‑2‑94 passed by the Collector of Customs and Excise (Appeal), Chittagong refusing to ref......by an order No.15/94 dated 12‑1‑94 on the ground that the claim has become time barred under section 33 of the Customs Act (Annexures E and E‑1). 8. The petitioner caused a demand of justice notice dated 11‑6‑94 to be served on the respondents by registered post with acknowledgement due......ittagong Port, the petitioner acting through C & F agent Leo Enterprise, Chittagong submitted the Bill of Entry No.884/887 dated 8‑2‑92 under Bill of Entry Receiving No.5271 dated 29‑1‑92 for assessment and clearance of the said consignment (Annexure‑A). 3. The Collector of Customs,..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....r) Civil Revision No.8450 of 1991 (Dhaka) Judgment Syed JR Mudassir Husain J.- By this Rule defendants opposite parties 1‑4 were called upon to show cause as to why the judgment and decree dated 10‑9‑88, passed by the learned Subordinate Judge, Rajshahi, in Tide Appeal No.191 of 1985 ......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......ge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 agai..Category: Property Law | Date: | Hits: 77
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....ioner the instant Rule was issued calling upon the respondents to show cause as to why the impugned notice of final demand bearing, Nothi No.৪/মুসক/৮(৩৫)/সেবা/৬/৬১৩০ dated 12-12-2006 (Annexure-"U") issued by the respondent No.3 and the Memo bearing Nothi No.৮(......led by the petitioner formed part of the main writ petition. 2. At the instance of the writ petitioner the instant Rule was issued calling upon the respondents to show cause as to why the impugned notice of final demand bearing, Nothi No.৪/মুসক/৮(৩৫)/সেবা/৬/৬১৩০ ......ahman Howlader, Assistant Attorney-General - For the Respondents. Writ Petition No.1251 of 2007. Judgment Md. Moinul Islam Chowdhury J.- The Supplementary Affidavit filed by the petitioner formed part of the main writ petition. 2. At the instance of the writ petitioner the instant Rule..Category: Fiscal/Taxation Law | Date: | Hits: 168
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....loss. 9. Considering the frequently occurrence of deaths, petitioner No.1 sent a legal representation to the Secretary, Ministry of Public Works vide Memo No.PIL and Advocacy Cell-BLAST/161/040607 dated 5-6-2007, Annexure-B seeking information as to what instructions and guidelines the respondent......g them or the workmen and general public passing under, on or near them. Particularly, it provides for ensuring protective fences and railings; canopies, overhang and platforms; protective devices; notices and signs, watchman and auditory signal, and safe load during constructional operations. ......le 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh calls upon respondent Nos.1, 2 and 4 to 6 to show cause as to why the respondents should not be directed to establish Code Enforcement Authority as per Chapter-2, Code 2.1 of the Bangladesh National Building Code, 2006 and fu..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
..... Md. Mujibar Rahman with Mohammad Nurul Haque - For the Opposite Parties. Civil Revision No.3187 of 2005. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......rected against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous Case No.12 of 2005 allowing the appeal and allowing a prayer for temporary injunction on setting aside the Judgment and order 7.4.2005 passed by the learned Seni..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....er section 439 of the Code of Criminal Procedure, 1898, (the Code) has been issued at the instance of the accused-petitioners against the Opposite Parties to show cause as to why the impugned order dated 21.10.2004 passed by the learned Sessions Judge, Cox's Bazar in S. T. Case No.112 of 2004 aris......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....r the opposite party. Civil Revision No. 4128 of 2009. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the Order No.102 dated 14.10.2009 and Order No.103 dated 18.10.2009 passed by the learned Joint District Judge and Ar......ioner for setting aside the ex parte preliminary decree dated 24.6.97 and final decree dated 17.11.97 which resulted in the failure of justice. The learned Advocate further submits that no show cause notice was issued and sufficient opportunity of being heard was not given to the petitioners prior t......ssed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necessary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah Branch as plaintiff..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....Advocate - For the Petitioners. No one appears - For the Opposite parties. Civil Revision No.1307 of 2001. Judgment Mr. Sheikh Abdul Awal J.- This Rule is directed against the order No.80 dated 01.08.2000 passed by the learned Subordinate Judge, 1st Court Naogaon in Title Appeal No.182 o......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......eal No.182 of 1991 (arising out of partition suit No.12 of 84) rejecting the application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure. 2. The material facts necessary for disposal of this Rule are that the present petitioners filed an application before the learned s..Category: Property Law | Date: | Hits: 96
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....- This Rule, at the instance of the convict -petitioner Ejlash Mia, was issued calling upon the opposite parties to show cause as to why the impugned judgment and order of conviction and sentence dated 8.4.2001 passed by the Special Tribunal No., 14 (in charge), Chittagong in Special Tribunal Ca......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ...... Station Case No.5(5)93 corresponding to G.R. No.50 of 1993 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- 3. One Sunil Kumar Dey, S.I. Rangunia Police St..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....Md. Fakhar Uddin, Advocate - For the opposite party No.1. Civil Revision No.3086 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted to consider whether the judgment and order dated 21.07.2008 passed by learned District Judge, Barguna, rejecting Civil Revision No.04 of 2008 a......ibed in the ordinance, then that will govern the field and not the Limitation Act 1908. Section 3 does not debar the application of Limitation Act to suits filed under the ordinance. 16. It may be noticed that the legislature has taken care to mention certain specific laws which shall not app......sioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....party No.2. Civil Revision No. 4201 of 2005. Judgment Muhammad Abdul Hafiz J.- This Rule was issued calling upon the opposite parties to show cause why the impugned judgment and order date 17.8.2005 passed by the learned District Judge, Dhaka in Miscellaneous Appeal No.283 of 2005, a...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......set aside. 2. The opposite party No.1 Bank as plaintiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petitioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 a..Category: Civil Law | Date: | Hits: 89
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