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Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......on the basis of permissive possession and that because of such permissive possession the plaintiffs are not entitled for declaration of title through adverse possession as prayed for, and that on the principle of natural justice and equity the plaintiffs are entitled to purchase the suit land at the...... Zainul Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by th......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..Category: Property Law | Date: | Hits: 58
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......galnaya in Title Suit No. 21 of 1984. 2. Facts, in brief, are that the appellant as plaintiff instituted Title Suit No.21 of 1984 in the 1st Court of the learned Munsif, Feni (now Assistant Judge) for partition of the suit properties stating, inter alia, that the Suit property belongs to Monsur A......intiff being not co-sharer in the suit property, she could not claim partition. Entering into the controversy as to whether the contention of the parties was correct or not, was one of the points for determination in the suit, may be of the appeal and in fact the 1st issue framed in the suit was as ..Category: Property Law | Date: | Hits: 59
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......on for such relief under the Scheme. But the conditions could not be fulfilled. Therefore, the contention on the doctrine of promissory estoppel has got no role to play in the facts of this case. The principle laid down in Mannan’s case, 42 DLR 107 (AD), has no role to play in the present case ina...... that imposition and levy of duty upon such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It opened Letter of Credit on 21-1-1998 for importing 350 MT of Caustic Soda solid and 150 MT of Caustic Soda Flakes at the rate of US$ 250.......is of tariff value. 3. The petitioner contends that fixation of tariff value at US$ 375.00 per metric ton under HS Code No. 2815. 11.00 is arbitrary and baseless for the merchandise. The basis for determination of tariff value under delegated authority as provided in section 25(7) of the Customs ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......pearance and contested the suit by filing a written statement denying the material allegations made in the plaint contending inter alia, that the suit was barred by limitation; that it was hit by the principle of res judicata as Title Suit No.367 of 1984 on the same subject matter had been decided e......Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved: No one appears for either of the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - T......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......ss or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protection from arbitrary and discriminatory action......and has been found guilty of offence under sections 5, 17, 21 and 22 of the Ordinance relating to Board of Residence and Discipline and he has been awarded punishment of expulsion from the University for 2 terms including the current term and suspended punishment for further 2 terms.
3. Md. Sanau......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... ground, and not on any exaggerated notion of the dignity of individuals, that insults to Judges are not allowed. It is on the same ground that insults to witnesses or to jurymen are not allowed. The principle is that those who have duties to discharge in a Court of justice are protected by the law,......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i......mpt and the Parliament's Power of legislation on the subject cannot, be exercised so as to stultify the status and dignity of the Superior Courts, though such legislation may serve as a guide for the determination of the nature of punishment. It is, thus, as argued by Dr. Anand, J. that: "the pow..Category: Criminal Law | Date: | Hits: 164
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......ack to back LC on 31-3-98 to cover up the misdeed of the supplier. The learned Attorney-General further submits that there is no material basis whatsoever for invoking the doctrine of estoppel or the principle of agency inasmuch as the petitioner did not enter into the deal through the instrumentali......and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the C......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......as not accompanied by the inquiry report but the petitioners stated in supplementary affidavit about receipt of the photo copy of the said enquiry report. The respondents have denied any violation of principles of natural justice or any Rule and Regulation of the Service Rules. The respondents have ......he Respondents.
Writ Petition No. 7254 of 1997
with
Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
..
Category: Employment/Service Law | Date: | Hits: 87
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ber of Commerce and Industry as petitioners have filed an application under section 43 of the Companies Act, 1994 against the Chittagong Chamber of Commerce and Industry and 200 others as respondents for rectification of the register of members of the Chittagong Chamber of Commerce and Industry.
...... enforce them. And the jurisdiction is of the High Court Division.
27. In order to decide whether the application under section 43 of the Companies Act is maintainable or not the moot question for determination will be, are the petitioners who have filed the application under section 43 of the Co..
Category: Company Law | Date: | Hits: 198
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse......quently on behalf of the petitioner an application was made to the Chief Justice to appoint a Bench to hear an application for reviewing the aforesaid order passed by the said Court. The question for determination was: whether the verdict and judgment of a Division Bench of the High Court, coupled w..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismisse......quently on behalf of the petitioner an application was made to the Chief Justice to appoint a Bench to hear an application for reviewing the aforesaid order passed by the said Court. The question for determination was: whether the verdict and judgment of a Division Bench of the High Court, coupled w..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......ourt and obtained the present Rule and order of stay one day before the expiry of the extended period. 9. We have gone through paragraph 97 of Halsbury’s Laws of England which has enunciated the principle of law regarding maintenance of secrecy of bank account as declared in the case of Tourni ......ause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and provisions of sections 6 and 19 and 21 of the Secu......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......ions under Article 181 are restricted to application under the Civil Procedure Code and that the application for rectification of share register under section 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inordinate delay. What is a ......s. Having received the consideration amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the petitioner. And at the time of the transfer of the aforesaid share the transferor also handed over the vacant possession of the said room of the Dhaka S...... 29. Mr. Rabindra Ghosh, lastly submits that in a case of a disputed question of fact an application under section 43 of the Companies Act is misconceived; the petitioner is to file a suit for the determination of the disputed question of fact and contends that the application filed by the petiti..Category: Company Law | Date: | Hits: 194
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......cy Act (now repealed) is nevertheless valid against the sub-lessor as also against a third party who purchases the sub-lessor’s interest at a certificate sale and transferees from him”. 6. The principle laid down in the case of Janaki Nath More Vs. Prabhasini Dasee reported in ILR 43 Cal 178 ......ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ort LC, the plaintiff has been compelled to file the suit. 7. The learned Judge below summarily rejected the temporary injunction petitions stating that such an injunction would be contrary to the principles narrated in the case of Sarhind Garments Ltd. Vs. Glory Truth Industries Ltd. and others ......cial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......n 117(1)(c) of State Acquisition and Tenancy Act and the original co-sharers on such separation cease to be co-sharers as such and cannot apply for pre‑emption on the ground of co-sharership. The principle is equally applicable in both the land. 13. Mr. Nazibur Rahman, learned Advocate for th......rned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the pre-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to p......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214...Category: Property Law | Date: | Hits: 53
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......of guilt or of any guilty conscience. For a person may abscond on account of fear of being involved in the offence or for any other allied reason. 50. The Supreme Court reiterated the well settled principle that the circumstances forming that evidence must be conclusively established and even whe......2 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for one year...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......009.) Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1 (In Civil Petition No. 1780 of 2008.) Not represented-Respondent No. 2 (In Civil Petition No. 1780 of 2008.) Civil Petition for Leave to Appeal No. 489 of 2009. (From the judgment and order dated 12.01.2009 and 15.01.2009......f the Workers Union, the petitioner was committed to preserve the greater interest of the workers of the Corporation. He also took pioneer role for taking the above mentioned resolution. Seeing his determination to the interest of the workers, the authority of the respondent No.1 became vindictive..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......ct of parties, it is not properly valued and stamped and the suit is barred under Section 42 of the Specific Relief Act and also barred by the principle of estoppel, waiver, acquiescence and by the principle of res judicata and as such, the suit is liable to be dismissed. 4. Mr. Md. Abu Siddiqu......ate-on-Record-For the Petitioners. M.A. Samed, Senior Advocate instructed by Md. Nawab Ali Advocate-on-Record-For Respondent Nos. 1-27. Not represented- Respondent Nos. 28-35. Civil Petition for Leave to Appeal No. 1065 of 2009. (From the judgment and order dated the 17th day of March, 2...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......i Sharif in the earlier partition suit being Title Suit No. 59 of 1992 and in view of the judgment and decree passed in Title Suit No. 59 of 1992 held that the Title Suit No. 28 of 1997 is hit by the principle of res-judicata and the Courts below committed gross error of law in overlooking the aspec...... Quayum, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2 (In both the cases). Not represented-Respondent Nos.1, 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 603-604 of 2008. (From the judgment and order dated 03.12.2007 passed by......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ..Category: Property Law | Date: | Hits: 45
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