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Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
.... Advocates - For the Respondents. First Appeal No.162 of 1995 with Civil Rule No.208 (f) of 1995. Judgment Md. Joynul Abedin J.- This first appeal is directed against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
.... Islam, with Shirin Ahmed Choudhury, Advocates - For the Respondents. First Appeal No.15 of 1996. Judgment Md. Joynul Abedin J.- This first appeal is directed against the judgment and decree dated 28-9-95 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No.201 of 1994 decre......red into the second agreement for sale out of her own free will. But she again defaulted to execute and register the sale deed within the stipulated time. Learned Advocate further argues relying on a decision reported in 2 CLC (Volume-2) 1983 Karachi page 1085 that the rise of price of the suit prop..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....hir Kanti Majumder, Advocates - For the Respondent. First Appeal No. 301 of 1993. Judgment Md. Abdul Karim J.- This appeal at the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....e principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80, as the case may be, of the Negotiable Instruments Act, 1881, up to the date of institution of the suit, or for the sum mentioned in the summons, whichever is less, and for......and defend the suit and in default thereof the plaintiff would be entitled to get a decree from the Court. 5. The question of jurisdiction of the Court summary procedure under Order 37 came up for decision in the case of Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) Karachi 445..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....…..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, ...... such, the same cannot be resolved in writ jurisdiction. Thus matter is well settled by our apex Court and this Court as well in plethora of cases. For proper appreciation, we would like to refer two decisions, one of which is the case of Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 152 = 52 DLR (A..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.60 of 1999 ......de and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the fi..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....s the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The releva......etitioner and non-disclosure of the date of the notice in the complaint petition are questions of fact to be ascertained at the time of trial. In support of his submission he has referred to the case decision reported in 60 DLR (AD) 195. As regards the defect of pre-maturity of cause of action, the ..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....gment Md. Abdus Samad J.- This Rule, at the instance of accused-petitioner Md. Amanullah, was issued calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, rejecting the application fil......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No.Gha 0629585 dated 20-2-2007 and amounting to Taka 2,00,000 bearing Cheque No.Gha 629586 dated 20-2-2001 in favou...... the complaint by the Magistrate an 24-7-2007 is also not legal. The continuation of the proceedings is therefore, an abuse of the process of the Court. 21. In this connection we like to refer the decision in the case of SM Anwar Hossain Vs. Md. Shafiul Alam reported in 51 DLR (AD) 218 where in t..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
.... 1991. Judgment Zakir Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal o...... receipt of the dispute. He further submitted that the rules framed under the authority of the Ordinance clearly lays down in rules 133, 134 and 135 the procedure for disposal of the dispute award or decision thereon and withdrawal of the reference by the registrar respectively. The respondent No.1 ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... KM Hasan J. - The Rule Nisi was issued calling upon the respondent No.1 to show cause as to why the impugned notification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been ma......s been overridden by Article 125 because of a non obstanate clause in the latter Article. Therefore, the election contemplated under Article 123 should be kept in abeyance till the tribunal gives its decision otherwise two members might be imbibed for the same seat. 11. Mr. AF Hasan Ariff submits..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....Petitioner. Md. Shorful Islam Khan, Advocate - For the Opposite Parties. Civil Revision No.1236 of 1987. Judgment Shah Abu Nayeem J.- This Rule is directed against the judgment and decree dated 8-8-87 and 22-8-87 respectively passed in Title Appeal No.89 of 1987 by the learned Subordinat......for taking necessary action and accordingly, the Corporation in its Board meeting took resolution dismissing the plaintiff opposite party No.1 with others, on the basis of the said conviction and the decision of the Corporation was communicated to the plaintiff opposite party by a letter dated 27-9-..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....the said compensation. 24. The compensation amount of Tk. 62,980.15 pasia now claimed by the Official Trustee need be paid and the amount need be arranged and obtained from the Government at early date for payment to the Official Trustee by the authorities concerned more in view of the fact that ...... and adversely possessed, the Court in exercise of its extraordinary power could allow what is necessary for the purpose of preserving the trust property. The learned Advocate has referred to certain decision to which I shall advert at the relevant portion of the judgment. 7. In the instant case,..Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....is also another letter written by Mrs. Rehana Ahmed to Secretary, Ministry of Commerce, Government of Bangladesh, bringing certain allegations regarding mismanagement of the company. Annexure ‘W’ dated 4.8.87 is a registered letter with A/D given to Mrs. Rehana Ahmed by the Director of the compa......h has referred to the case of Mahmudur Rahman Vs. Monipur Tea Company Ltd. 28 DLR 133. In that case also the petitioners were the share‑holders and it was a public limited company. In the aforesaid decision in paragraphs 79 to 93 his Lordship SM Mohsen Ali, J. has considered this aspect in details..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... Judgment Nurul Huque Bhuiyan J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not ......om service on the very same day i.e. on 6.5.87 to avoid departmental proceedings. He also handed over the charge of his office with effect from 6.5.87 and this brought the whole matter to an end. The decision to accept the resignation was taken after observing all the formalities of the Corporation ..Category: Employment/Service Law | Date: | Hits: 225
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... Respondent No.6. Writ Petition No. 4140 of 1992. Judgment M M Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS ......n before the appropriate Election Tribunal prior to the filing of the Writ Petition, the instant writ petition is maintainable. In support of his contention the learned Advocate has cited a number of decisions but we shall refer only the relevant ones. He cited the case of the Presiding Officer Vs. ..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ite Parties. Civil Revision Case No.2591 of 2008. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 22-5-2008 passed in Miscellaneous Appeal No.17 of 2007 by the learned Joint District Judge, 3r......n the pre-emption case as such the learned appellate Judge committed error of law in reversing the order passed by the learned Assistant Judge. In support of his argument Mr. Bivash has referred to a decision of our High Court Division in the case of Serajul Mostafa Vs. Ali Ahmed Sikdar, reported in..Category: Procedural Law | Date: | Hits: 88
..... 2053 of 1990.
Judgment
Mainur Reza Chowdhury J. -This Rule was issued calling upon the plaintiff-appellant opposite parties Nos. 1‑8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 s......same sitting they form contemporaneous agreement and the consideration for the ekrarnama was in part the execution of the Kabala and the transfer of the land thereby made."
13. The above mentioned decision, I think clearly stated law that an agreement for re-conveyance could be specifically enfor..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....tate. Criminal Appeal No. 2030 of 1991. Judgment Muhammad Ansar Ali J. -This appeal at the instance of accused Bahar Uddin alias Bahar, son of Mohiuddin arises out of the judgment and order dated 31.10.92 passed by the learned Additional Sessions Judge, 1st Court, Dhaka in Sessions Case No...... and the evidence of those witnesses has been wrongly used against this appellant without fulfilling the conditions as laid down in section 512 of the CrPC and in this connection he has referred to a decision in the case of Kitab Ali Talukder Vs. State, reported in 28 DLR 128 and contended that for ..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....involved and the same are heard together and these Rules will now be, disposed of by this common judgment. 2. Facts for the disposal of WP No. 2644/1990 are as follows: The petitioner under L/C dated 28.4.88 imported GP sheets from Japan under ITC No.73.13 which was subsequently changed as Har......evailing on 15.6.89 the petitioner preferred an appeal on 17.5.90 before the National Board of Revenue, Dhaka for allowing deferred payment for release of the said consignments on various grounds. No decision was communicated to the petitioner. It is stated that the petitioner had invested a substan..Category: Fiscal/Taxation Law | Date: | Hits: 155
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