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....s application by the Dhaka Chamber of Commerce and Industry under Article 102 of the People's Republic of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Indu......o be the only representative eligible to be considered for nomination as Trustee of the DIT and the said Circular having infringed the petitioner's legal tight, the petitioner sent a demand Justice notice through their lawyer on 06.06.1985 to the Secretary, Ministry of Works, to cancel, rescind ......rected against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust.
2. On that appli..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
.... Bazlur Rahman Chhana, Advocate ‑ For the Respondent No.2. Writ Petition No. 3052 of 1991. Judgment Naimuddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of 1986 ......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......his writ petition named Nurul Haque was a worker designated as Line Sardar under the petitioner, a jute mills named Maqbular Rahman Jute Mills Limited. The respondent No.2 worked under the petitioner for about 20 years and on 3-7-86 a proceeding was taken against him charging him for misconduct for ..Category: Labour and Industrial Law | Date: | Hits: 162
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summ......l Procedure. 10. Rule 49 provides for the procedure to the followed by the Tribunal in an election, petition Sub-rule (1) states that the Tribunal "shall upon receipt of an election petition, give notice thereof to all the contesting candidates and such other candidates against whom any allegat......rder dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferred against an order of the Election Tribunal for re-counting of ballots. 2. The petitioner and opposite parties Nos.1-3 contested the election..Category: Election Law | Date: | Hits: 309
.... No.2255 of 1990.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- In this can it appears that on 17.10.90 a learned Single Judge sitting during vacation stayed operation of the notice dated 6.10.90 (Annexure "W”) issued by Md. Rafiqul Islam, Assistant Sub-Inspector of Police, Mir......etition No.2255 of 1990.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- In this can it appears that on 17.10.90 a learned Single Judge sitting during vacation stayed operation of the notice dated 6.10.90 (Annexure "W”) issued by Md. Rafiqul Islam, Assistant Sub-Inspector of Poli...... Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limi..
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....2. HR Sharif ‑For the Respondent Nos.6‑14. Writ Petition No. 225 of 1989. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued on the respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha responde......Nos.1‑2. HR Sharif ‑For the Respondent Nos.6‑14. Writ Petition No. 225 of 1989. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued on the respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha r......romises were constructed with pucca floor, walls with tin roof and were lot out to the predecessor‑in‑interest of the petitioner by the predecessor‑in‑interest of the respondent Nos .6‑14 before the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for..Category: Property Law | Date: | Hits: 92
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
.... Mohammad Habib Ahmed, Advocate‑For the Respondents. Second Appeal No. 249 of 1967. Judgment Abdul Hasib J.- This Second Appeal has been directed against the judgment and decree dated 25A.66 passed by the Subordinate Judge, Second Court, Sylhet in Title Appeal No.158 of 1950 se......sation of the enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made." From the record i......t, Sylhet in Title Suit No.567 of 1946 on 31.3.54. 2. The present appellants were defendants in the trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....owab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90......0 per month and the plaintiff opposite party executed the supplementary deed of lease on 1.5.86 which marked as Annexure ‘B’ to the Petition. 3. Trouble arose when RAJUK (the then DIT) gave notice to the said land lady and others to demolish shops and unauthorised construction and the peti......Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....n No.2735 of 1994. Judgment Md. Ansar Ali J.- This Rule comes out of application by the plaintiff petitioner under section 115(1) of the Code of Civil Procedure and is directed against an order dated 10.5.94 passed by the learned District Judge, Dhaka in Money Suit No.1 of 1992 allowing an app......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......2 allowing an application by the defendant under Order 37 rule 4 of the Code of Civil Procedure and also the subsequent orders dated 23.7.94 and 30.7.1994 passed by him allowing time to the defendant for filing written statement and fixing the date of hearing of the suit respectively. 2. Short fa..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....against the petitioner and his brother. Thereafter the learned Magistrate took cognizance of 11.11.90 against the said accused persons on the basis of the said prosecution report. Thereafter by order dated 23.12.90 learned Magistrate sent the record of Non First Information Report Case No.80 of 1990......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......r. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judg..Category: Criminal Law | Date: | Hits: 112
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....the petitioner Super Oil Refinery Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the withholding of the petitioner's goods covered under L/C No.147803010088 dated 14-5-2003 and Bill of Entry No.C-152259 dated 28-12-2003 after pronouncement of the judgment...... Commissioner addressing the petitioner company stating that a case was filed in the Court of learned Joint District Judge by the respondent No.4 company, wherein the learned Court below has issued a notice against the Customs authority to show cause as to why a temporary injunction should not be gr......r of the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption after refinement of the same. Respondent No.4 Alhaj Oil Mills Limited is also ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....f 49 DLR was produced before the Court and the case record was sent to the learned District Judge, Tangail where it is registered on 24-5-98 as Miscellaneous Case No.47 of 1998. It appears from order dated 30-9-98 that:— “আদালত যোগে জারীর নোটিশ জার......he people of Bangladesh. Learned Advocate submits that section 27 deals with realisation of loan sanctioned by Bangladesh House Building Finance Corporation. Learned Advocate further submits that, no notice was served while the ex-parte decree was pronounced and it is not available from the record w......, Deputy Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his property on payment..Category: Civil Law | Date: | Hits: 198
Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)
....to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2-7-2008 the appeal was rejected on the ground of non-payment of 10% of the amount of demand. ......2008. Order ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh. 2. It is stated in the petition that in response to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal ......f the People's Republic of Bangladesh. 2. It is stated in the petition that in response to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2..Category: Fiscal/Taxation Law | Date: | Hits: 280
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....against the petitioner and his brother. Thereafter the learned Magistrate took cognizance of 11.11.90 against the said accused persons on the basis of the said prosecution report. Thereafter by order dated 23.12.90 learned Magistrate sent the record of Non First Information Report Case No.80 of 1990......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......r. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judg..Category: Procedural Law | Date: | Hits: 153
....Advocates ‑ For the Petitioner.
Akhtar lmam, Advocate ‑ For the Respondent Nos.1‑2.
Writ Petition No.2873 of 1991.
Judgment
Md. Abdul Jalil J.- This Rule was issued against an order dated 26.9.91 passed by the Secretary, Bangladesh Mukti Juddha Kallyan Trust terminating the service......7. Termination of service.‑ (1) the service of a probationer or an employee, whether temporary or confirmed, shall be liable to termination without assigning any reason after giving him two months' notice in writing or on payment of two months' substantive pay in lieu of such notice and the probat......s in the Head Office, Finance Division against two such posts as per Organogram of the Trust Head Office and as such his service was properly terminated as a surplus personnel and that there is no uniform practice or statutory rules that the junior most officer should be terminated in such cases and..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the......d any right, title and interest in the suit and on the basis of their subsequent sale deeds in respect of the properties already sold to the defendant Nos.1 and 2 by the same vendors. We have already noticed that sale deed dated 27.1.78 was executed and registered by defendant No.7 alone in favour o......e J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Tit..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....ce on record the learned Sessions Judge convicted the appellants under section 302 read with section 34 of the Penal Code and sentenced each of them to imprisonment for life by the judgment and order dated 8.4.87. The learned Sessions Judge however acquitted accused Munshi giving him benefit of doub......he prosecution witnesses to reach the place 10 to 12 cubits away from the place of incident and then within their view they would start assaulting and murdering Abdul Hakim. 13. We have already noticed that the alleged eye‑witnesses namely P.W.1 Sadir Mia, P.W.3 Shamsul Islam, P.W.4 Ramjan A......W.1 Sadir Mia and P.W.7 Abdul Hatim, his mother P.W.6 Kudduser Ma, his relations P.W.4 Ramjan Ali, P.W.3 Shamsul Islam and P.W.8 Abu Mia along with P.W.2 Seraj Mia and said Siddiq gathered themselves forming a searching party and started at about 7‑00 PM towards the said paddy land where Abdul Hak..Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....h, Advocates ‑ For the Petitioners. No one appears ‑ For the Opposite Parties. Civil Revision No.181 of 1989. Judgment AM Mahmudur Rahman J.- This Rule is against Orders dated 23‑11.88, 14.12.88, 27.12.88, 3.1.89 and 19.1.89 of the learned District Judge passed in Mon...... and the said bank presented it to the Sonali Bank for payment but the same was returned with remark "Refer to drawer". On several occasions as the cheque was dishonoured the petitioners served legal notice upon the opposite parties demanding payment of the principal amount together with the interes......8, 3.1.89 and 19.1.89 of the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institut..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... Petition No. 416 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued upon the respondents to show cause why the judgment and order dated 11.7.87 passed by respondent No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block...... from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the said holding as the same was declared abandoned property and the office of the Respondent No.1 issued notice upon the petitioner to deposit rent at the rate of Tk. 100.00 per month from 1.1.75 to 28.2.7......titioner was an Army Havildar and freedom fighter soldier. The petitioner entered into occupation of the said holding on and from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the said holding as the same was declared abandoned property and the office of the..Category: Property Law | Date: | Hits: 158
.... 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 passed by the District Judge, Noakhali in Title Appeal No.276 of 1987 affirming those ......an armed guard on 22.1.77 and was posted at Dalta Bazar Branch, of the Rupali Bank. That by a letter dated 15.9.81 his service was terminated by the Assistant General‑Manager without any show cause notice. It is asserted by the plaintiff‑opposite‑party that the order of termination is mala fid......rder of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got no reply. Finding no other alternative the plaintiff filed the suit being Title Suit No.41 of 1988 before the learned Munsif, Upazila Ramganj, District, Laxmipur.
3. The defendant Nos.3 and 5 app..
Category: Labour and Industrial Law | Date: | Hits: 233
....udgment
Abdul Hasib J.- In this petition a Rule was issued on 28.1.90 calling upon the respondents to show cause why an appropriate writ should not be issued declaring Memo No. A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Ba......Accommodation Directorate, Ministry of Works under the signature of Ms. M Begum, Assistant Director of the said Directorate issued the impugned order dated 15.1.90 (Annexure C) without any show cause notice cancelling the said allotment in the said house and directed the petitioner to vacate the pos......(Annexure C) it is necessary to mention briefly certain facts of this case. The petitioner's case is that he is a pilot of Bangladesh Biman. He applied to the Directorate of Housing and Accommodation for giving him a Government accommodation for his family to live and accordingly ground floor of hou..
Category: Property Law | Date: | Hits: 160
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