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Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....kar Chakroborty, Advocate—For the Opposite Party. Civil Revision No. 2517 of 1990. Judgment Md. Ruhul Amin J. - The Rule has been obtained by the plaintiff against the judgment and decree dated 15-11-1990 of the Court of Subordinate Judge, Cox’s Bazar in Other Appeal No. 148 of 1988 af......on-service of summons and the said case was disposed of as regards that. There the question of falsity of claim in the suit was not matter in issue and, as such, did not come up for consideration nor decision was given as to that. The courts below upon the view that averments in Other Suit No.14 of ..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....98. Lawyers Involved: Nurul Haque, Advocate—For the Petitioners. Nikhilesh Dutta, Advocate —For the Opposite Parties. Civil Revision No. 988 of 1993. (From the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989) Jud......ble to show that the impugned judgment is vitiated by misreading or non-reading of the material evidence or by misconstruction of any important document materially affecting the merit of the impugned decision so as to justify any interference by this court exercising revisional power under section 1..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
.... Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Shoeb Ahmed, Assistant Attorney-General—For the State. Criminal Revision No.63 of 1999. (From judgment and order dated 27-10-98 passed by the learned Sessions Judge, Comilla in Criminal Appeal No. 27 of 1997). ......e charge under section 4 of Dowry Prohibition Act, 1980 was not brought home at all and, as such, order of conviction and can not stand in law. Both the courts below committed error in its respective decision occasioning gross failure of justice. Impugned order of conviction must be set aside and th..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 22-6-1998 of the respondent No.3 reopening income tax cases of the petitioner for six years fr......ated 2-8-1994 upheld the petitioner’s contention that head office expenses made by New York Head Office for the business to its Bangladesh office would be a deductible expense in Bangladesh and the decision having been accepted by the Income Tax Department the same was not referred to the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 132
....ot be given to its application. The letter has been annexed to the writ petition as Annexure “D 1”, It is under challenge in this writ petition. There is a reference in the letter to a memorandum dated 23-9-1997, issued under the signature of the Second Secretary, National Board of Revenue, the ......ustoms Commissionerate. The said memorandum dated 23-9-1997 is also under challenge in this writ petition. It has been annexed to the writ petition as Annexure “Do the memorandum speaks of a policy decision taken by the Government to extend the facilities the private bonded warehouse licences to I..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....l Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11‑2001 now pending in the Court of the Chief Metropolitan Magistrate, Chittagong shoul......se it would amount to an abuse of the process of Court. 8. Regard being had to the facts and circumstances, the submission of the learned Advocates, the materials on record and in the light of the decision cited, we are of opinion that the impugned proceedings should in all fairness be quashed gi..Category: Civil Law | Date: | Hits: 83
....under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No.2862/Solicitor/96-312/4 dated 13-9-98 purported to have been issued by respondent No. 2 Mr. Ali Ashwad Bhuiyan, Assistant Se......দুল মান্নানকে বিশেষ পিপি হিসাবে নিয়োগ প্রদান করিলেন”.
9. It appears that by the said impugned Memo three decisions were taken. First was the acceptance of the resignation of Mr Abul Hossain Talukder as Spe..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....f 1991. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the pl......g complete justice when the mill had been closed down due to non co-operation of the bank we are inclined to assess the compensation on the aforesaid head and we take the help in this matter from the decision reported in 37 DLR (AD) 63 (Md Osman Gani Vs. Mst Kulsum Bibi and ors). The respondent coul..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....dant Nos.4 (Ka) to 4(uma) contested the suit by filing written statement denying all material allegations made in the plaint. 3. The learned trial Court decreed the suit by his judgment and decree dated 26-2-96. 4. Being aggrieved by the aforesaid judgment and decree the plaintiff petitioner p......it appears, passed the judgment and decree appealed against touching all points on merits not only the defects about the cause of action. The learned Advocate for the petitioner could not show us any decision that on such facts an application under Order 23 rule 1 of the Code can be allowed for with..Category: Property Law | Date: | Hits: 30
....
Judgment
Md. Ali Asgar Khan J.- This Rule was issued at the instance of the petitioners being the heirs of late Mi Akbar calling upon the respondents to show cause as to why judgment and order dated 15-9-97 passed by the respondent No.1 in respect of District Jessore PS Kotwali, Mouza Sankarp......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... 5. Writ Petition No. 4546 of 2003. Judgment MM Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned actions excluding the names of the 292 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 ......y be rejected at any stage of the recruitment process if any fault or defect whatsoever be detected. Under Rule 7(1) of BCS (Age, Qualification and Examination for Direct Recruitment) Rules, 1982 the decision of the Commission as to the eligibility or otherwise of a candidate for admission to an exa..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... and they are entitled to allotment of alternative plots of land before the completion of the process of acquisition in the LA Case. The respondent No. 3 by notice published in the daily "Janakhanta" dated 12-11-1997 invited applications from the intending persons for allotment of plots in the Uttar......is that the similar question raised and the claim made by others have already been decided by the Appellate Division in judgment of Civil Petition for Leave to Appeal No. 1372 of 2002 and also in the decision in the CPLA Nos. 1292, 908 and 912 of 2002. 7. Mr. Shah Khashruzzaman has referred to us..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....id J.- Descendants of original plaintiff Md. Kadam Ali Bhuiyan obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and decree dated 14-9-1998 passed by Additional District Judge, Court No. 1 at Dhaka in Title Appeal No. 347 of......hway was stated and on the prayer of the plaintiff for admission of a copy of said deed of defendant No. 5 was allowed by this Division in 15 DLR 432 and the appellate Court was directed by said decision to consider said evidence at the time of hearing of the appeal but the Court of appeal belo..Category: Property Law | Date: | Hits: 30
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....arties. Revision No. 4415 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-respondent-petitioner, is directed against the judgment and decree dated 27-6-2000 and 6-7-2000 respectively passed by the Subordinate Judge, First Court, Mymensingh i......esses against the Government issued by such Court and in view of this provision service of processes on the Government Pleader is good service on the Government. This view also finds support from the decision in the case of Government of Bangladesh vs Ramananda Sarker reported in 54 DLR (AD) 35. ..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....d. Bodruddoza, Advocate—For the Respondents. First Appeal No. 102 of 1986. Judgment Mir Hashmat Ali J.- This Appeal was filed by defendant No. 3 against the judgment and decree dated 18-54986 and 22-5-1986 respectively, passed in Money Suit No. 65 of 1985 by the Commercial Cou......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....cle 102 of the Constitution has been issued calling upon the respondents to show cause as to why they should not be directed to implement the recommendation of the "Sick Industry Rehabilitation Cell" dated 29-11992 (Annexure B) and why the respondent No. 5 should not be directed to take steps to g...... be directed to take steps to get adjournment of the Mortgage Suit No. 71 of 1995 pending in the Court of Subordinate Judge (now the Joint District Judge), 1st Artha Rin Adalat, Chittagong till final decision of the Reconciliation Committee as notified in the Bangladesh Gazette dated 4-2-1997 by the..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... Md. Abdur Rashid J.- Election petitioner obtained the Rule upon making a revision application under sub-section (4) of section 115 of the Code of Civil Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, ...... the revision Court. The revision Court was however, wrong in finding that the election petitioner became third in the race. Such finding was not material and had not materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Ru..Category: Election Law | Date: | Hits: 99
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 312 of 2008. (From the judgment and order dated 4.12. 2007 passed by the High Court Division in Writ Petition No. 3112 of 2000). Judgment ......the scheme of Pre-shipments Inspection, assessment on used motor vehicles could be made on the basis of Yellow Book value and the Appellate Division in Civil Appeal No. 102 of 1998 affirmed the above decision holding that the imposition of the custom duty on the basis of Yellow Book Value on the rec..Category: Fiscal/Taxation Law | Date: | Hits: 64
....Petitioner.
Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1.
Not Represented-Respondent Nos. 2-3.
Civil Petition for Leave to Appeal No.294 of 2005.
(From the judgment and order dated 9.11.2004 passed by the High Court Division in Writ Petition No.4695 of 2002.)
Judgment
......onsidering the case for permission to the Matrai Model College of the respondent No. 1 for admission of students in the intermediate class for the academic year 2001-2002 stating that on 10.06.1999 a decision was taken by some persons in the area interested in the promotion of education in Kalai Upa..
Category: Others | Date: | Hits: 92
....ile attempts on the part of the petitioner to petition the respondent Ministry for the issuance of the NOC. These futile attempts are evident, for example, in the petitioner's repeated communications dated 8-7-2004 (Annexure-'D'), 22-7-2004 (Annexure-'E') and 31-7-2004 (Annexure 'E(1)'). Concurren......ed 30-11 -2006). Attention is drawn in this regard to section 5 of the Act that sets the time limits within which the respondent in the facts and circumstances of this case should have arrived at a decision either way on the petitioner's application and that by any standard those periods should ..
Category: Information Technology Law | Date: | Hits: 171
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