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Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
.... the Opposite Parties. Civil Revision No.2320 of 1992. Judgment Shahidul Islam J.- By this Rule the Opposite Parties were called upon to show cause as to why the impugned Judgment and decree dated 30.5.1992 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appeal No......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mo..Category: Civil Law | Date: | Hits: 129
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. শাঃ-৪/১জি-৪/২০০৪/৩২১ dated 17.06.2004 issued under the signature of respondent No.2 cancelling the Monthly Payment Order ......004, the authority cancelled the MPO of the college. The respondents did not assign any reason whatsoever for cancellation of the MPO. Before cancellation of the MPO, the respondent did not serve any notice upon .the petitioner for showing cause. Therefore, the principles of natural justice were vio......le, in brief are: 3. On 01.06.2005, the principal of Mongal Paita Perkhiddah College, Mongal Paita under Police Station-Kaligon within the district of Jhenidah applied to the Ministry of Education for inclusion of the name of the above college in the list of the MPO for getting the Government por..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....ddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of Md. Abdul Quddus and Md. Rafiqul Islam are directed against the Judgment and order dated 24.4.2003 passed by the learned Sessions Judge, Nilphamari in Criminal Appeal No.10 of 2002 di......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ded each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in broken conditio..Category: Criminal Law | Date: | Hits: 119
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....tition No.1233 of 1989. Judgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10.89 respectively. Parties in both the......icable to the petitioner and it was undesirable to keep him under suspension for an indefinite period; that the respondents having notwithdrawn the order of suspension the petitioner on 4.3.89 issued notice demanding justice to withdraw the order of suspension and thereafter the petitioner filed Wri......ion of the respondent No.3, Naziur Rahman, Minister‑in‑charge of LGRD along with some other employees of the Revenue Department of Dhaka WASA were punished on the recommendation of the petitioner for preparing bills for lesser amounts in respect of M/s. Phoenix Fabrics Ltd. and other holdings by..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be declared to be void and to......inal Ghats, Ferry Terminals, Ferry Terminal Ghats, Collection Points, Labour Handling of Goods and Canal Tool Stations of IWTA for collecting tolls for the year 1-7-99 to 30-6-2000 (Annexure-C) and a notice inviting tender for leasing out its Ghats, points and Canal Toll Stations including Mongla Gh......be declared to be void and to have been issued without lawful authority and is of no legal effect. In Writ Petition No.2241 of 1999 the impugned order Annexure-H which was issued on the basis of the aforementioned clause 3 (Ga) is challenged for being without lawful authority and is of no legal effe..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....of the Constitution and as to why the petitioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surp......nd this letter of respondent No.2 dated 16.1.94 has been annexed as Annexure-G to the Writ petition. The appointment, promotion and deputation section of the Establishment Division accordingly vide a notice dated 19-1-94 named the 8 of those 9 BCS Trade Cadre Officers, the petitioner being one of th......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....1. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the High Court Division in Writ Petition No. 9537 of 2......attract international investment to support its economic growth and its social development; that a number of newspapers and websites published articles criticizing the impugned order and impugned notice. The articles pointed out that by suspending the petitioner's licence, the authorities are ......y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passe..Category: Administrative Law | Date: | Hits: 318
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
....1992. Judgment Kazi Ebadul Hoque J.- Rule in Writ Petition No.735 of 1992 was issued at the instance of petitioner Janapriya Rice Mills calling upon the respondents to show cause as to why Memo dated 13‑5‑1991 (Annexure‑G) issued by the respondent No.1 so far as it relates to the petitio...... 6. Before considering the submission as to arbitrariness or mala fide of the impugned order let us first consider whether the impugned order is without lawful authority or not. It has already been noticed that director/managing director of each of the Rules was convicted by the Martial Law Court ......d to have been passed without any lawful authority and of no legal effect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Gove..Category: Others | Date: | Hits: 146
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Miscellaneous (Arbit......er Development Board provides for appointment of a Justice in respect of claims exceeding Taka 50,00,000.00. It is stated in the revisional application that the learned Subordinate Judge did not take notice of a subsequent memorandum of the Water Development Board providing for appointment of a Chie......angladesh Water Development Board figured as 2nd party in the said Misc. case. Petitioner Bangladesh Water Development Board through its Executive Engineer, O & M. Division‑II, floated a tender for construction of 8 Vent RCC Pipe Sluice Gate at 13.65 Km of Greater Dhaka City Flood Protection E..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....hondaker, Advocate ‑ For the Opposite Party. Civil Revision No.3934 of 1994. Judgment Abdul Karim J.- This Rule was issued calling upon the Opposite Party to show cause as to why the order dated 27.11.94 passed by the learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitration ......ment or any matter or thing related thereto in accordance with, and subject to the provisions of Arbitration Act, 1950. Under clause 3 of the agreement, the agency is liable to termination by 30 days notice on ether side. By a letter dated 15‑1‑94 Bangladesh Air Services Pvt. Ltd. informed the M...... Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent am..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....on No.430 of 1980. Judgment Abdul Matin Khan Chowdhury J.- This Rule arises out of an application under sections 439 and 561A of the Code of Criminal Procedure directed against the order No.6 dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of 1980 under ......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......ry shop at Paranganj Bazar within the jurisdiction of Bhola police station and his son aged 15 years used to run the shop and stay there during night. On 22.1.80, the date of occurrence, his son left for the shop after taking his meal at 7 P.M. At about midnight, the petitioner's co-villagers Sultan..Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
.... is also not called for in the facts and circumstances of the case. Observations in this Judgment are confined to this proceeding only. Accordingly, the Rule is made absolute. The impugned order dated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 i......isposal of this Misc. Appeal." 4. The petitioner's main contention is that the learned District Judge violated the mandatory provisions of rule 3 of Order 39 of the Code of Civil Procedure as no notice was directed to be served on them. It has been pointed out that at the trial Court the defe......ule, at the instance of the defendants, is directed against an order passed in Miscellaneous Appeal No.96 of 1983, under Order 43, rule 1 (a) of the Code of Civil Procedure, allowing an application for temporary injunction of the opposite parties. 2. The opposite parties filed Title Suit No.2..Category: Civil Law | Date: | Hits: 147
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....sues in favour of plaintiff but decided fourth and fifth Issues against Plaintiff. In deciding fourth and fifth Issues against Plaintiff learned Trial Judge dismissed the suit. Judgment and decree is dated 21.12.1986. 10. Plaintiff could not reconcile to above Judgment and decree and sought setti......horized possession to the Authority. From Order dated 30.12.1966 appearing in First Page it emerges that Dulal Chandra Basak, husband of Plaintiff had been stated to be an unauthorized occupier and a notice was directed to be issued against trespassers asking them to vacate possession of holding or ......Revision Petition under section 115 of The Code of Civil Procedure (For short The Code). Civil Revision Petition has been numbered as Civil Revision No.380 of 1991. 2. Portrayal of intrinsic datum forming backdrop of Civil Revision Petition may succinctly be stated. 3. Sreemati Hari Rani Basak..Category: Procedural Law | Date: | Hits: 108
....oms authority of Jessore with regard to payment of Capacity Tax for the period 4‑7‑1985 to 8‑11‑1986, that is, the period in between the submission of application to the Customs authority and date of accord of permission for the reduction of seats. The said permission was ultimately accorded......ma Hall. The Customs authority, although, was fully aware of the fact of reduction of seats demanded the payment of Capacity Tax on the basis of computation of original 1023 seats without taking into notice that the petitioner on and from 4‑7‑1985 had already reduced the number of seats to 703.
......(Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for the purpose of disposal of the Rule, are that the petitioner is the proprietor of a Cinema Hall ..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....m, Advocate ‑ For the Opposite Party. Civil Revision No.3159 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule is directed at the instance of the plaintiff against the Judgment and decree dated 13‑7‑1993 passed by the Subordinate Judge, Natore, in Title Appeal No.120 of 1991 allowing......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......al No.120 of 1991 allowing the appeal and reversing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner file..Category: Property Law | Date: | Hits: 117
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....e – For the Respondents. Writ Petition No.6884 of 2006. Judgment Mamnoon Rahman J.- Under the Constitution of Peoples Republic of Bangladesh the petitioner has challenged the impugned memo dated 31.05.2006 issued by the Respondents directing the petitioner to pay the principle amount in 2......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ...... submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing the Bangladesh Krishi Bank to waive all interest and made provision for easy installments and accordingly the petitioner prayed for waiver of all interest as well as in..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
.... 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' s......This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' should not be declared to have been made wi...... why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.SC from Rajshahi Univer..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
.... Criminal Appeal No.1 of 1999. Judgment Md. Ali Asgar Khan J.- This appeal by the convict appellant Abdul Gani alias Ganya is directed against the Judgment and order of conviction and sentence dated 30.11.1998, passed by the learned Judge of Special Tribunal No.3, Lakshmipur convicting the co......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ated 30.11.1998, passed by the learned Judge of Special Tribunal No.3, Lakshmipur convicting the convict appellant under Section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years in Special Tribunal Case No.39 of 1995. 2. Necessary facts for the purpose of dispos..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....ccused Raisuddin, Amanullah, Morshed, Samar, Mowla, Shahid, Makbul, Manik, Islam and Ramijuddin also filed an appeal being Criminal Appeal No.1011 of 1992 against the order of conviction and sentence dated 13‑7‑92 passed by the learned Sessions Judge. Accused Samar, Morshed, Raisuddin and Amanul...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......al No.1011 of 1992 and Jail Appeal No.1025 of 1992. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.17 of 1992 has been submitted by the learned Sessions Judge, Mymensingh for confirmation of the death sentence passed upon accused Raisuddin, Samar, Anumullah, Morshed and ..Category: Criminal Law | Date: | Hits: 104
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....Advocates ‑ For the Petitioner. Md. Nawab Ali, Advocate ‑ For opposite Parties. Civil Revision No. 4584 of 1995. Judgment Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......ent Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit..Category: Procedural Law | Date: | Hits: 118
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