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Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....r Article 31 in consonant with Article 39(2) of the Constitution. 2. In support of the application the learned Advocate for the petitioner refers to Annexure A, a news published in "Daily Inqilab" dated 14‑12‑2002 captioned “রতন সাহাকে ঢাকায় জেআইসিত......r journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub‑section (1) or sub‑section (2), as the case may be, shall be f..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....te—For Respondent No. 2. First Miscellaneous Appeal No. 407 of 1990. Judgment Md. Abdur Rashid J.- This appeal was on 3-12-1990 presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No. 35 of 1986. 2. Facts......m, learned Deputy Attorney-General submitted that even if the appeal was found to be not maintainable the memorandum of appeal could be converted into a revision application. In support, he cited the decision in the case of Bangladesh Water Development Board and others Vs. Progati Prakaushali and an..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......rance premium and purchase of Savings Certificates under sub-section (2) of section 44 of the Income Tax Ordinance and whether the Taxes Appellate Tribunal was justified in refraining from giving any decision on the claims of the applicant in respect of the allowances? 2. The applicant submitted ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....tun, Advocate- on-Record- For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 265 of 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ..Category: Criminal Law | Date: | Hits: 45
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....yers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.5953 of 2001.) Judgment ......e suit land and that the weakness of the defendants' case would not improve the plaintiffs' case. 8. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The p..Category: Property Law | Date: | Hits: 27
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....nul Hossein, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Appellant. Ex-parte- the Respondents. Civil Appeal No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Writ Petition No.2023 of 1995.) Judgment ......n question and requested it to renew the licence of the trawler. The Ministry provisionally issued a licence on 16th July, 1994 on condition that the permanent licence would be granted subject to the decision of the Board of Investment. In the meantime the appellant was served with a letter under me..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
..... Judgment Mohammad Abdur Rashid J.- The above Rule was obtained by third party upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 29-8-99 passed by Subordinate Judge and Artha Rin Adalat at Patuakhali in Miscellaneous Case N......ot deciding the application thereupon and in releasing their land from attachment. He also submits that the executing Court was wrong in going to decide the title of the parties. In support, he cites decision in the case of Mir Laik Ali Vs. Standard Vacuum Oil Company (ESSO) and Abu Razzak, 16 DLR (..Category: Property Law | Date: | Hits: 27
....ed by a creditor if—
(a) the Court is not satisfied with the proof of—
(i) such creditor’s right to present the plaint,
(ii) the service on the debtor of a notice of the order fixing a date for hearing the plaint in accordance with section 22(2)
(iii) the alleged act of bankruptcy,......mpliance of rule 9 sub-rules 1 and 2 and rule 33 amongst other rules of the Bankruptcy Act.
7. It appears that the petitioners did not move the Bankruptcy Court under section 28 as quoted above. A decision by this court will prejudice the suit and should be left to the trial Court to be decided i..
Category: Banking Law | Date: | Hits: 127
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
....ssed on 1-11-98 in all the suits learned Judge allowed each of the applications of the defendant allowing him to appear and defend the suit on merit. This writ petition is against all the said orders dated 1-11-98 passed in the aforesaid all the title suits. 3. We have heard the writ petitioner i...... 4 as quoted above did not contain any triable issue. Leave to defend should be granted if there is an arguable defence and a case is put forward which a court will have to enquire into and come to a decision. But if the alleged defence is illusory, sham or bogus one, then leave to defend should be ..Category: Civil Law | Date: | Hits: 64
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
.... Penal Code, the detenu was anticipatory bail by this court. So, according to him, there was no reason to detain the detenu by giving reference of those cases. 5. Lastly, as regards the occurrence dated 2-12-2001 he has argued that the detenu has been implicated only for a political purpose becau...... Rahman Vs. Bangladesh as reported in 44 DLR 317. There was a split judgment in this case and then it was referred to the third Judge and the third Judge Anwarul Haque Chowdhury, J concurred with the decision of Kazi Shafiuddin, J. By the majority decision, the Rule was discharged. The relevant obse..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....eral- For the State. Criminal Appeal No. 2323 of 1998. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of appellant Mokim alias Md. Mokim against the judgment and order dated 10‑9‑1998 passed by the learned Additional Sessions Judge and Special Tribunal No. 3 Chuad......ithout jurisdiction but the trial is vitiated due to joinder of scheduled offence with non‑scheduled offences and, as such, the whole trial has been vitiated. In this connection he referred to some decisions which we will discuss later on. 10. The next submission of the learned Advocate for the..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ey-General instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-4. Not Represented—Respondent Nos.5-6. Civil Appeal No. 56 of 2002. (From the judgment and order dated the 8th and 9th day of December, 1997 passed by the High Court Division in Writ Petition No.13...... of 'jurisdictional fact' regarding non-issuance of statutory notice prior to enlistment of the property as abandoned property was of no substance. 9. Mr. MI Farooqui, learned Counsel, has cited a decision in support of the above contention in the case of Baldwin and Francis Ltd Vs. Parents App..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ord-For the Appellants. (In both the appeals) Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. (In both the appeals) Civil Appeal Nos. 89-90 of 2003. (From the judgment and order dated the 16th day of October, 2000 passed by the High Court Division in Civil Revision No. 610 of 1......nd the learned Judge of the High Court Division not having reversed those findings and not adverting to the reasonings given by the lower appellate Court, committed an error of law in reversing the decision of lower appellate Court in its revisional jurisdiction; that the lower appellate Court hav..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
..... Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the Azizur Rahman represented by Abdul Sattar being next friend son of Azizur Rahman is directed against the Judgment and order dated 10-4-1995 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali in Miscellaneous......er V rule 17 CPC and committed error of law in accepting the service of summons and notice which has occasioned failure of justice. 11. Mr. Farooque, to support his contention, has referred to the decision in the case of Upendra Chandra Rishi and others Vs. Sufia Begum and others reported in 42 D..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....with AB Shoswkat Ali, Advocates—For the Petitioner. Md. Waliur Reza Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 19......nd material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plaint, And (ii) whether the decision under challenge in Revision and discretion exercised by Senior Assistant Judge in rejecting..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
.... Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-18. Ex parte- Respondent Nos. 19-21. Civil Appeal No. 285 of 2002. (From the judgment and order dated 17.07.2001 passed by the High Court Division in Civil Revision No. 3535 of 2000). Judgment ......lation of the sale deed dated 14.05.1969, exhibit No. 4. 16. He further submits that the High Court Division found that the finding of the Court of appeal below on the title and possession and the decision in the appeal was arrived at on misreading and non-consideration of the evidence on record ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....9 of 1981. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made under section 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 29.4.80 passed by the learned Subordinate Judge, Rajshahi, in Misc. Appeal No. 35 of 1979 affi......of Civil Procedure and the process server having not affirmed on oath and even not examined in court the said was not a valid service. In support of his contention, the learned Advocate referred to decisions which I shall advert at the relevant portion of the judgment. 4. Mr. Mahfuzur Rahman, t..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
..... Criminal Revisional No. 72 of 1985. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued upon the Deputy Commissioner of Feni and opposite part No.2 to show cause as to why the order dated 23.11.85 passed by Mr.Fazlul Huq, Additional District Magistrate, Feni in G.R.Case No. 184 of .......M. committed wrong and illegality in calculating the period of time as section 339C provided that such cases should be disposed of within 60 working days. The learned Advocate placed before us the decision reported in 38 DLR 415 (Nayan @ Fazlul Huq-versus-The State) where it has been held that wo..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....Revisional Case No. 27 of 1987 Judgment Anwarul Hoque Chowdhury J. - This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dated 30.3.87 passed by A.K. Muhammad Ali, Session Judge, Narail-Magura in Sessions Case No. 64 ......n the code. This matter is not above controversy as it appears that different views had been taken by the different Benches of our court in interpreting the expression "working days' in a number of decisions. 12. This time limitation in concluding a criminal trial is something totally new. it..Category: Criminal Law | Date: | Hits: 30
....
Writ Petition No. 217 of 1986.
Judgment
Amin-Ur-Rahman Khan J. - By an application under Article 102 of the Constitution the petitioner obtained this Rule to challenge the resolution dated 25.3.1984 adopted and passed by Kowkhali Upazilla Parishad and the order of the respondent N...... On a reading of the resolution it is found that it has been clearly stated in the resolution in the language which on English rendering will be as follows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazila and for proper execution of t..
Category: Administrative Law | Date: | Hits: 185
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