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Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in Misce......smissal order dated 16‑11‑93 passed by the learned Assistant Judge being an appellable order under Order XLIII rule 1(d) of the Code, the learned Assistant Judge has committed error of law in his decision occasioning failure of justice in setting aside the said dismissal order, in exercise of hi..

Category: Property Law | Date: | Hits: 36

Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....00. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have b......this writ petition is not maintainable. In support of his contention that the respondent Company being a private limited Company is not amenable to the writ jurisdiction the learned Advocate placed a decision of an unreported case of Modern Dyeing and Screen‑printing Ltd, Vs. The Secretary, Minist..

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....in one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification and within the stipulated time the petitioner by letters dated 9‑7‑99, 16‑8‑99 and 22‑9‑99 asked him to complete the works in accordance with the......sure of evidence before it to accord sanction. But the minimum requirement of this section appears to be that the authority while according sanction must have the facts of the case in order to take a decision as to whether it should accord any sanction for the prosecution. Because the government can..

Category: Anti-Corruption Laws | Date: | Hits: 138

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....olved similar facts and a common question of law are taken up together and disposed of by a single Judgment. 2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 vide A......the said 105.117 acres of land from requisition. 8. Pursuant to the said application, 5 Government after proper investigation decided to release 105.117 acres of land from requisition and the said decision was communicated to petitioner No.1 by the Senior Assistant Secretary of the Ministry of La..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

.... Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an application ma......he Court having found the same corrected the mistake by allowing the application which did not call for any interference. 10. Mr. Md. Marfat Ali, learned Advocate for the petitioner also cited the decisions reported in 28 DLR 252, 43 DLR (AD) 128 and AIR 1979 Calcutta 196 in support of his submis..

Category: Civil Law | Date: | Hits: 69

Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)

....rty. Civil Revision No. 1637 of 1999. Judgment AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Family Suit...... judgment, decree and order of Family Court to the Court of District Judge. The word “Order” has not been defined in the Ordinance. The word “Order” in widest sense may be said to include any decision rendered by a court on a question between the parties of a proceedings before the Court and..

Category: Family Law | Date: | Hits: 185

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....din Ahmed, and some other respondents contested the general election for the Member of National Assembly of the Constituency No. 165, Kishoreganj‑1 and respondent No. 4 was declared as elected candidate and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 200......on stated that the petitioner's amendment petition is filed pending hearing of his petition for dismissal of the original election petition as a measure to save the election petition and prior to the decision under Article 58(a) of the People's Act 1974, the amendment petition cannot be taken into c..

Category: Election Law | Date: | Hits: 85

Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

....2006 of 1992. Judgment NK Chakravartty J.- This Rule at the instance of plaintiff-petitioner No. 2 was issued calling upon the opposite parties to show cause as to why the impugned order No. 29 dated 9‑5‑1992 passed by the Senior Assistant Judge, Upazila Kaunia, Rangpur in Other Suit No. 3......it is only to try the common and joint ownership lands to the exclusion of the (sic) in dividing owner's lands and thus the Court of trial below committed an error of law resulting in an error in the decision occasioning failure of justice. Secondly, he submits that a gross error was detected later ..

Category: Property Law | Date: | Hits: 34

Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)

....ka 12, 61, 00,000.00 from the above Branch of the Bank and Md Habib was the guarantor. The above firm imported Dano Full Cream Powder Milk with the loan granted by the Bank. On the basis of agreement dated 01-06-96, 29,200.00 cartons of Dano powder milk were kept in the godown of Md. Islam and Sons ......to move under section 241A of the Code of Criminal Procedure for discharging them and their application under section 561A of the Code of Criminal Procedure is misconceived. Similar question came for decision before the Appellate Division in the case of Latifa Akter Vs. State reported in 19 BLD (AD)..

Category: Criminal Law | Date: | Hits: 39

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....or the Opposite Parties. Civil Revision No. 3289 of 1998. Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and order dated 30-7-98 passed by the learned District Judge, Panchagarh, in Miscellaneous Appeal No.1 of 1997......present Rule. 10. Mr. Md. Nazibar Rahman, the learned Advocate appearing on behalf of the petitioner, submits that the learned District Judge committed an error of law resulting in an error in his decision occasioning failure of justice in not properly adverting to the trial Courts finding regard..

Category: Property Law | Date: | Hits: 21

Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)

....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......well conceived one in that the Arbitrator is competent to revise the amount of compensation as assessed by the Deputy Commissioner to the extent of 10 percent and that if a person is aggrieved by the decision of the Arbitrator he can very much prefer appeal before the Tribunal and that the Tribunal ..

Category: Alternative Dispute Resolution | Date: | Hits: 191

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....For the Respondent No. 6. Writ Petition No. 7796 of1997. Judgment Syed JR Mudassir Hussain J.- The petitioner calls in question the proceedings contained in File No. 173-97/TA; FO/3/20069 dated 26-11-97 (Annexure C) and Memo No. 173-97/A: FO;/3/20748 dated 4-12-97 (Annexure D) communicat......by an appropriate order of the Court of the Sessions Judge and/or of the High Court Division. He argued that the impugned notices are tainted with malafide intention to re-open the concluded judicial decision passed by the High Court Division in Writ Petition No. 3223 of 1996. His further argument i..

Category: Anti-Corruption Laws | Date: | Hits: 232

Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)

.... Ahmed, Advocate —For the Petitioner. Not represented —the State. Criminal Revision No. 30 of 1993. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 14-10-92 passed by the Additional District Magistrate, Manikganj in Criminal Appeal No. 2 of 1...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...

Category: Criminal Law | Date: | Hits: 30

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

.... Rabiul Alam Chowdhury, Advocate-For the Respondents. Appeal from Original Decree No. 328 of 2001. Judgment Md. Abdur Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 20......of Taka 20,00,000. Defendant No. 1 also in his written statement admitted in the agreement the time for performance was September 1990. PW 1 and PW 4 Sayeed Khan proved the holding of meeting and the decision taken therein. In view of such decision between the plaintiff and defendant No. 1 on 15‑8..

Category: Civil Law | Date: | Hits: 78

Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)

....o. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Bishes Adalat No. 2 in Nari‑o......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...

Category: Criminal Law | Date: | Hits: 43

Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)

....nt Amirul Kabir Chowdhury J.- The petitioner in Writ Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noak......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..

Category: Criminal Law | Date: | Hits: 50

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

....re that on the request of one Md. Salauddin (the plaintiff in Title Suit No. 56 of 1987) the National Bank Ltd., Khulna Branch, Khulna ('NBL' for short) opened a letter of credit being No. 7‑9‑86 dated 3rd March, 1986 for US$ 2,79,500 in favour of Navegadora Panocenica SA (the defendant No. 5 in......in a reasonable period, LC issuing bank cannot subsequently raise such objection of discrepancy in the document, however genuine or serious those may be. In support of his contention he refers to the decision in the case of Bankers Trust Co vs. State Bank of Indict (1991) 2 Lloyd's Report 443 and th..

Category: Business or Commercial Law | Date: | Hits: 202

Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)

....ah, Advocate-For the Appellant. Monowara Begum, Assistant Attorney-General-For the State. Criminal Appeal No. 2669 of 2002. Judgment Gour Gopal Saha J.- This appeal arises out of an order dated 10‑7‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑S...... under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found necessary for coming to a proper decision in the case. This section is never intended to give a premium for further cross-examination..

Category: Criminal Law | Date: | Hits: 37

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

.... the Applicants. Writ Petition No. 6970 of 2002. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. Paribesh 4480/2204 dated 16­11‑2002 of respondent No. 2 issued under the signature of respondent No. 3 directing the...... say so, Furthermore, to us it appears that proviso to clause (Kha) of sub­section 3 of section 4 of the Paribesh Ain authorises the Director General to take temporary measure only and not any final decision. But, in the instant case final order was passed canceling the “পরিবেশ গত..

Category: Environmental Law | Date: | Hits: 226

Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)

....No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was invited pursuant to an order dated 9‑12‑97 passed by the High Court Division in Admiralty Suit Nos. 46 of 1996 and 61 of 1997......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...

Category: Fiscal/Taxation Law | Date: | Hits: 77