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Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....e to the political executives as the subordinate judiciary is also a part of total judiciary in a similar manner. 9. Dr. M. Zahir and Mr. Rokanuddin Mahmud appearing for the caveator, on the other hand, supports the judgment of the High Court Division and submit that the High Court Division on a ......judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the Government of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.1......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
....erned and receipt was sent to this plaintiff acknowledging the same.
8. On 12 June, 1981 the Secretary, Jute Trading Corporation Ltd. issued a letter to M/s. Haque Company, the tenant, advising to hand over the vacant possession of the schedule premises to Mr. Q.M. Kamal, Senior Assistant, Jute T......ional Custodian Enemy Property (Judge) by a Gazette Notification published on Friday, the 12th May, 1967 from Karachi. After the independence, the property automatically stood vested in Bangladesh Government.
4. Subsequently as per letter of the Bangladesh Government dated 10.7.1973, in total 1...... the time of original owners and used to carry on jute business in the premises. The present plaintiff is the proprietor of the said firm.
6. The plaintiff was carrying on his business and the management of Jute Trading Corporation decided to sell the property by tender which was published in..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....hers..........................Appellants Vs. Md. Masudar Rahman @ Babul and others..................Respondents Judgment August 3, 2010. Cases Referred To- Satyadeo Prasad Vs. Smt. Chanderjoti, AIR 1966 Pat 110; S.T. Chendikamba Vs. K.I. Biswanathamayya, AIR 1939 Mad 446; Rafiqul I......pursuance of the decree passed in Title Suit No.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and permanent injunction, alleging inter alia that the lands covered by the impugned deed belonged to Abdul Barek and Abdul Mannan (vendors) who proposed to sell ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
.... Bank of Bahawalpur Ltd. PLD 1984; Karachi 211 Holme Vs. Burnskill; (1) (1878) 3 QBD 495; Rees Vs. Berrington Holme Vs. Burnskill Privy Council in Partapsingh Vs. Keshavlal; AIR 1935 Hariprashad Vs. Chandrojirao AIR 1962 Madhya Pradesh 69 (V 49 C 29); Hariprasad Vs. A.C. Traders (PR) Ltd.; AIR 1964 ......tedly so, taking any consent from or informing the Respondent No.1 in advance of the same. It is evident, thereafter, that the Petitioner and the borrower engaged themselves in another exercise at recovery of the dues from the borrower. This is evident in particular in the issuance of a cheque dated......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
.... 'ka' land which is purported to have been transferred by the said deed in favour of OP No.1 by OP No.2. In the plaint there was further allegation that the gift had not been acted upon. On the other hand, in the written statement defendant OP No.1 made specific case to the effect that the deed in q......o.1, another lady by the name of Begum Momataz Hossain, with respect to same land situated in Mohakhali area of Dhaka city was of no legal effect and that defendant OP No.1 has not acquired any title over the land described in schedule to the plaint. In the body of the plaint it was further alleged ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ..Category: Property Law | Date: | Hits: 80
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....on 436 of the Code of Criminal Procedure before the learned Sessions Judge was not competent. 8. Mr. Syed JR Modassir Hossain, the learned Advocate appearing for the opposite parties, on the other hand, submits that the learned Magistrate took cognizance against all other accused persons exceptin......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ah and others………….Petitioners Vs. Makbul Ahmed and State………….Opposite Parties Judgment May 13, 1991. Cases Referred To- Asiatic Oxygen Ltd. AIR 1972 Cal 50; Harish Chandra Vs. Kavindra Narain Sina and others, AIR 1936 All (FB) 830. Lawyers Involved: Dr. Rafiq......y for delivery within three months from the date of allotment or transfer of the shares and if the shares are complete and made ready for delivery within three months the obligation of the company is over and it does not extend to the actual delivery of the same to the share‑holders. In support of......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
....Supreme Court
High Court Division
(Civil Revisional jurisdiction)
Present:
Naimuddin Ahmed J
Kazi Bashirul Islam alias Laboo Kazi and another…………..Petitioners
Vs.
Naresh Chandra Das and others…………….....Opposite Parties
Judgment
June 3, 1991.
Lawyers In......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98...
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... Judgment February 13, 1990. Case Referred to- Fazlur Rahman Vs. Rajab Ali 30 DLR (SC) 30. Lawyers Involved: Moksudur Rahman with QA Shafiullah, Advocates ‑ For the Petitioners. Khandker Mahbubuddin Ahmed, Senior On Advocate with SM Munir, Advocate ‑ For the Opposite Parties. ...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
....………Petitioner
Vs.
General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents
Judgment
December 2, 1992.
Lawyers Involved:
Abdul Wadud Khandker with Firdousi Halima, Advocates ‑ For Petitioner.
M. Fazlul Karim with MA Haque, Advoca......gladesh Krishi Bank, Monoharpur Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been ......erwise fails to comply with the terms of this agreement with the Bank, such default or failure not being due to natural calamity, the Bank may, subject to any rules made in this behalf, take over the management of the concern of the agriculturist and sell or realise any property, pledged, mortgaged,..
Category: Civil Law | Date: | Hits: 99
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....tioners Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra U......ction was taken by purchaser pre‑emptee as regards prematurity of the pre‑emption case and accepted by the trial Court. In that circumstances of the case the Division Bench of this Court presided over by Mr. Justice Ranadhir Sen and Mr. Justice Abdul Matin Khan Chowdhury, observed: "Eventuall...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......sion (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 2010......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
....een the parties be cancelled and for realisation of compensation to the tune of Tk. 25 Lac against the Bank and as such the impugned judgment and decree is liable to be set-aside.
9. On the other hand, Mr. Md. Quamrul Haque Siddique, the learned Advocate appearing for the defendant-respondent No......1.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstanding dues amounting to Tk.1,21,02,510.00 as on 11.11.2001 on the averments that ...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....2 DLR (1990) 436; Moinuddin Ahmed alias Farooq Vs. Khusheda Begum & others, 54 DLR 354; Shishir Kanti Pal & others Vs. Nur Mohammad & others 54 DLR 440 and Md. Banazir Ahmed Vs. Debendra Chandra Saha & others 4 BLT (AD) 150; Noor Mohammad Khan and others Vs. Government of Bangladesh,......t Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), 35 DLR (AD) 216; Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Noor Mohammad Khan & others Vs. Government of the People's Republic of Bangladesh & others, 42 DLR (1990) 436; Moinuddin Ahmed al......y in Khas Khatian, towards performance of their duty as per Article 112 of the Constitution. The suit property should be managed by the Coronation Hall Committee, Khulna in the manner as before, as a management body on behalf of the government, until otherwise decided by the government. Let, copies ..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....gulatory body. The BERC is a bridge serving as a referee in between the Government, private sector and energy consumers. The petitioner has not come up with the. Writ Petition bonafide and with clean hands. The daughter of the Chairman of the petitioner, namely one Dr Tureen Afroze used to serve as ...... in keeping with the provisions of the Act No.13 of 2003. It goes without saying that the BERC is an independent and neutral regulatory body. The BERC is a bridge serving as a referee in between the Government, private sector and energy consumers. The petitioner has not come up with the. Writ Petiti......te an atmosphere conductive to private investment in the generation of electricity and transmission transportation and marketing of gas resources and petroleum products, to ensure transparency in the management, operation and tariff determination in these sectors; to protect consumers' interest ..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......e affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect. 4. Though Syed Alamgir Faruk Chowdhury per chance also happens to be a Government servant, but the aforesaid impugned order (Annexure‑E) has been passed by him in his pri......l authority" shall mean and include a Paurashava, Zilla Board, Union Panchayat, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government With, the control or management of a municipal or local fund, or any corporation or other authority constituted or establ..Category: Constitutional Law | Date: | Hits: 165
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......Bench, Bangladesh, Dhaka. The Accountant Member of the tribunal delivered the judgment. The question No.1 as formulated by the applicant is redundant as the decision and answer on question No.2 will govern what has been raised in question No.1. 2. Alhaj AR Bhuiyan, the settler, on 15th September,......rsonal liability for taking loan to raise the capital of the business by equitable mortgage of the property belonging to him with the object of avoiding future trouble in running the business and for management of his properties. The trust deed provided that after meeting the expenses of management ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....e proceeding, but this does not seem to be so much relevant for the purpose of disposal of the instant matter. 6. Mr. MA Rahim, the learned Advocate for opposite parties Nos. 3 and 4, on the other hand, submits that although the impugned order cannot be said to have been passed strictly in accord......scribed in the revisional application as opposite party No.2 "deceased Sree Jagannath Bondopadhya, son.") instituted the above mentioned suit against the present petitioner Sk. Shamsuddin Ahmed, the Government and the Additional Deputy Commissioner (Revenue), Khulna as principal defendants and some ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....s rightly constituted and the petitioner was given reasonable opportunity to defend himself, it held that as the petitioner lost confidence of the respondent‑company for keeping excess money in his hand without information he was dismissed for lack of confidence. The Labour Court also found that t......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ....... On detection of the same the petitioner was charged for keeping the money for his personal gains and asked to submit explanation. The explanation submitted was, however, found unsatisfactory by the management. Thereafter, an Enquiry Committee was duly formed which found the petitioner guilty of th..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......e is now restrained from collecting tolls after purchase of the ejara by his good money. It is further alleged that the suit is not maintainable as no notice was served under section 80 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance 1982. 4. It......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
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