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Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....e Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.120 dated 9-3-1998 passed by Mr. Ranu Bilkis Banu, Senior Assistant Judge, Magura, in Title Suit No.140 ......ng a final piece of evidence, there is nothing for the defendant-petitioner either to be prejudiced by it or to be apprehensive of the result of the suit. In support of his submission, he has cited a decision of our Appellate Division in the case between Md. Abul Quasem Vs. Md. Lutfur Rahman, report..

Category: Civil Law | Date: | Hits: 122

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....€” For the Opposite Party. Civil Revision No. 1040 of 1992. Judgment Amirul Kabir Chowdhury J.- This Rule at the instance of the defendant petitioner is directed against judgment and decree dated 27-11-1991 passed by the Subordinate Judge (Artha Rin) Jessore in Title Appeal No. 242 of 1990......this Court and obtained the present Rule. 7. Mr. Md. Rafiqul Hossain, the learned Advocate appearing on behalf of the defendant petitioners, submits that the appellate Court committed error in the decision in dismissing the appeal inasmuch as the suit itself was not maintainable without impleadin..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

.... be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date of receipt of the impugned order an amount of Taka 8,06,025.00 which was short-levied in respec......given to the petitioner to pay the amount mentioned in the notice dated 12-3-1994 was illegal and without jurisdiction. To add force to the submission so made the learned Advocate has referred to the decision (in which one of us was a party) in the case of Rahima Food Corporation Ltd. Vs. Deputy Col..

Category: Fiscal/Taxation Law | Date: | Hits: 189

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....ion No.17 of 1985. Judgment Muhammad Ismailuddin Sarker J.- This Rule at the instance of the defendant No.10 has been issued calling upon the opposite party to show cause why the impugned order dated 31.12.84 passed by the learned Munsif, First Court, Patuakhali in Miscellaneous Case No.70 of ......tion by a plaintiff for an order to set aside a dis­missal for default of his appearance is 30 days from the date of dismissal of the suit and the learned Munsif has committed an error of law in his decision in allowing the application without any consideration of the objection that the application..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civ­il Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 dismissing ......der Section 174 sub-sec. (3) was available to the petitioner, even though the Bengal Tenancy Act stood repealed at the time when the application was made. In support of his submission, he refers to a decision reported in 29 DLR 301. In that case the tenancy was sold on 19.3.52 in a Rent Execution Ca..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....spondent Nos.1 to 3. First Appeal No.96 of 2005. Judgment Sharifuddin Chaklader J.- This appeal by defendant No.1, Bangladesh Beverage Industries Limited directed against Judgment and decree dated 20-3-2003 passed by the learned Joint District Judge, 3rd Court, Dhaka decreeing Money Suit No...... was not following the instruction of the employer i.e. the defendant, as such, for the wrong or misdeed of the driver the employer cannot be held liable. Learned Advocate on this point relied on the decision of Century Insurance Vs. Northern Ireland Road Transport Board, (1942) AC 509 and Beard Vs...

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....Opposite Party No.1. Civil Revision No.1395 of 2006 with Civil Rule No.427(R) of 2006. Judgment Sharifuddin Chaklader J.- This rule by the Judgment debtor directed against Judgment and other dated 3-4-2006 passed by the learned District Judge, Dhaka dismissing Miscellaneous Appeal No.90 of ......rovisions of section 30 and 33 of Ain, 2003 which having not be complied with the entire proceeding relating to auction of the suit property is liable to be set aside. Learned Advocate relying on the decision of Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109 submits t..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....) this Rule Nisi was issued calling upon the respondents to show cause as to why the refusal of the respondents in refunding the money amounting to Taka 43,81,416 which was 5% of the demand No.2/2002 dated 7-10-2002 deposited as per section 42(2)(a) of the VAT Act, 1991 at the time of filing of the ......r section 67 of the VAT Act (Annexure-G). 5. Thereafter the petitioner gave a reply of the said letter to the Deputy commissioner of Customs Excise and VAT explaining that the petitioner filed the decision of the Commissioner was not correct (Annexure-H). The petitioner again claimed refund of th..

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....for causing damages to the river and the villagers of the said villages and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 13-7-2009, the respondents were restrained by an order of injunction from extraction of sands ......the Constitution for instituting a public interest litigation in the form of writ petition in the matter relating to environment and ecology of the country. In this connection, he has referred to the decisions held in the cases of Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1 and Dr. Mohiuddin..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....on Report that there is a conspiracy behind this killing which she would disclose at a lat­er stage as she was perplexed at the death of her only son. 4. That accordingly Daulatpur P.S. Case No.2 dated 5.8.87 was started and on completion of the in­vestigation the police submitted charge-sheet ......l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....a Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plain­tiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowing the applic......r the petitioners, has submitted that the im­pugned order of the learned Munsif suffers from ille­gality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned advocate for..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....h of peace and loss of lives and properties. The said application was sent to Officer-in-Charge Maheshkhali P.S. who on enquiry submitted a report. Thereafter the Thana Nirbahi Of­ficer by his order dated 14.3.83 drew up a proceeding under section 145 of the Code of Criminal Procedure restraining t......int possession the Magistrate committed an illegality in making the final order and in not vacating the initial order and dropping the proceeding. In support of his contention Mr. Karim relied on the decision in the case of Syed Zaman Khandakar and others Vs. Zubeda Khatun and others reported in 25 ..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....se the payment of the compensation was received by the eldest son of late Basharatullah on 7.4.86 on protest as contemplated in section 28 of the Ordinance on the basis of Gener­al Power of Attorney dated 24.3.86. The case of the Government and the requiring body is that Bashara­tullah agreed to r......half of the Govern­ment submits that the Revision under section 115 of the Code of Civil-Procedure is not maintainable as the Member Appellate Tribunal is not a Court but a persona designate and the decision of the Arbitration Appellate Tribunal being final, the revision case is not maintainable in..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....l­na in Title Suit No. 440 of 1974. 2. The relevant facts of the case are that the pe­titioner Eshanul Hoque was appointed as a Proba­tionary Officer of the then Habib Bank by memo No. MAB 2257 dated 25.6.1956 vide Ext.1 Subse­quently, he was confirmed in that post. After libera­tion Habib B......the principle of natural justice in conducting the enquiry, as such the im­pugned order of dismissal Ext. 4, is liable to be de­clared illegal, etc. In support of his contention, he put reliance on decision reported in AIR 1980 SC 840. The facts of that case have got some similarity with the facts..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....s, Government of Ban­gladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Selim Khondker, Saidur Rahman Chowdhury, Atiar Rah­man and Nizamuddin to show cause why the order dated 14.7.88 passed by the Chief Metropolitan Magistrate, Dhaka permitting further investigation in......ding to the order of the Chief Metropolitan Magistrate, a Metropolitan Magistrate namely, Mr. K.C. Mondal recorded the statement of witness Md. Shahidul Is­lam. It is to be noted that in view of the decisions in the case of Jafar Ahmed, 26 DLR 211 and Abdur Rahman, 29 DLR (SC) 256 the Chief Metropo..

Category: Criminal Law | Date: | Hits: 127

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... section 115 of the Code of Civil Procedure challenges the judgment and decree passed by the Subordinate Judge, 1st Court, Comilla in Title Appeal No.278 of 1986 setting aside the judgment and decree dated 29.11.86 and 8.12.86 respectively passed by Upazila Munsif Burichang in Title Suit No.3 of 198...... in a suit for specific performance of contract against a transferee subsequent to the contract, the burden of proving good faith and lack of notice is upon the de­fendant. He has also relied upon a decision reported in 21 DLR W.P. (Lahore) 333 wherein it has been decided by their Lordships that wh..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....torney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, ......urt Division. That is, if the wife met with her death in the custody of her husband, he is under an obligation to explain how his wife met with her death. In this connection we can safely rely on the decision cited in the case of Ilias Hussain (Md.) Vs. State, reported in 54 DLR (AD) 78 wherein it h..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

....hallenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the petitioner in respect of Customer No. 3380004/5124 has been affected as per its order dated 8.11.88. 2. It is stated in the petition that the petitioner is a private Limited liability......ition are misleading, motivated and not cor­rect. It is stated that the impugned notices, Annexure 'P’ and "P(1)', were issued for violation of a contrac­tual obligation and also to implement the decision of the Government to stop natural gas to the consumers who are using gas for the purpose of..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....ontract against one Syed Bunyod Hossain, the vendor defendant and two purchasers defendants. The trial court as well as the lower appel­late court found that the agreement of the plainntiff was ante-dated and the defendant Syed Bunyod Hos­sain colluded in executing the agreement with the plaintiff......itted that the appellant had remedy both by way of appeal from the decree itself as well as from an order recording compromise under Order 43, rule 1(m) of Civil Procedure Code. He referred me to the decision in the case of Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Harid..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the al­legations in respect of Ward Nos.2 and 3 and the Tribunal by its order dated 15.12.1988 struck off al­legations from the written objection. This order was challenged in W......rder 47, rule 1 C.P.C. The learned Counsel placing reliance upon section 29 (A) of the Local Government (Union Parishads) Ordinance,1983 submits that sub-section (4) provides for an ap­peal from the decision of the Election Tribunal in the Election case itself and no appeal lies to the Dis­trict J..

Category: Election Law | Date: | Hits: 194