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Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....Respondents. Appeal from Original Decree No. 59 of 1991. Judgment Md. Ashfaqul Islam J. - This appeal at the instance of the plaintiff Agrani Bank is directed against the judgment and decree dated 6-11-90 and 12-11-90 respectively passed by the learned Subordinate Judge, Dhaka in Title Suit......e light of the facts and circumstances of a particular case. Certainly this discretion, in our view, is to be exercised judiciously and not capriciously. 13. This view of ours finds support in the decision of Chalna Marine Products Ltd Vs. Reliance Insurance, 50 DLR (AD) 100 wherein the Appellate..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....rson thus comÂmitted offences under section 161 and 467 of the Penal Code by taking illegal gratification and by creating a false deed. The complainant identified this document as bearing No. 195/98 dated 13-8-1998. 8. Upon receipt of the complaint, the learned Senior Special Judge, by the impug......l Procedure in not examining the complainant or his witnesses. 20. In consideration of the allegations made in the petition of complaint we hold that the learned Senior Special Judge took a proper decision not to proceed with the case. 21. The grounds taken in the revisional appliÂcation with..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tition No.8377 of 2009. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent No.1 (...... an appeal under section 42(1)(Kha) of the Value Added Tax, 1991 before the respondent No.1. The respondent No.1 by the impugned Judgment and order dated 28-5-2009 dismissed the appeal and upheld the decision of the respondent No.3 dated 2-6-2008. The petitioners being aggrieved by the said order mo..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cate - For Petitioners. No one appears - For Opposite Parties. Civil Revision No.156 of 1987. Judgment Sharif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3rd Court, Dhaka in Civil Revision ......orm the parties as to transfer of the case and in absence of any notice to the parties informing the transfer. Court has no jurisdiction to pass any order on the case/suit. Learned advocate cited the decision of Abdul Khaleque Vs. Abdul Barek Howlader, 2 BLC 276 and also the Appellate Division of th..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
...., also, a prey of explosion. Arena of explosion is a Two Storied Building at 200, Udaychal, Mandalibagh; Hospital Road, Chatak Pourashava. Muhibur Rahman Manik, a sitting, Member of Parliament on the date of incident was depicted as owner of occurrence Two Storied Building. 2. In respect of explo......¦Convict-appellants Vs. The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition th..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....n No.3229 of 2004. Judgment AKM Abdul Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D), orde......d, as such, the writ is not maintainable and the same is liable to be dismissed with costs. 19. In Support of his arguments learned Advocate for the respondent No.6 Mr. Rafiqul Islam relies on the decisions of 47 DLR (AD) 9, 50 DLR (AD) 213, 8 MLR (AD) 149 = 7 BLC (AD) 119 and 10 MLR (AD) 337 = 5..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....llaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendant Nos.......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....stant Attorney-General - For the opposite Party. Criminal Revision No.443 of 1997. Judgment Siddiqur Rahman Miah J.- This Rule calls in question the legality and propriety of the order No.13 dated 05.05.1997 passed by the learned Sessions Judge, Moulvibazar in Sessions Case No.41 of 1996 fr......has power to alter the charge. So the impugned order of the learned Sessions Judge, Moulvibazar should not be interfered by exercising the revisional jurisdiction in this case. In this connection the decision in the case of Jashimuddin Khan Vs. Md. Ali Ashraf reported in 42 DLR (AD) 289 has been rel..Category: Criminal Law | Date: | Hits: 66
....e Opposite parties.
Civil Revision No.1776 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the impugned judgment and decree dated 27.01.2000 passed by the learned Subordinate Judge, 1st Court, Nawabgonj in Title Appeal No.11......and as such the same should be restored by this Court in the exercise of power under section 115 of the Code of Civil Procedure.
10. Mr. Abul Quasem, in support of his submission has relied on the decisions reported in 5 BLC (AD) 76, 10 MLR (AD) 200, 54 DLR 354 and 49 DLR (AD) 151.
11. On the ..
Category: Property Law | Date: | Hits: 66
.... 102 of the Constitution of People's Republic of Bangladesh a rule was issued in the following terms:
Let a rule Nisi be issued calling upon the respondents to show cause as to why the Order No.15 dated 12-5-2009 passed in Artha Execution Case No.145 of 2007 by the Artha Rin Adalat No.2, Dhaka so......an be applied from that date of institution of the 1st execution case which was filed on 14.3.2001 long before promulgation of the Ain, 2003 (1st May, 2003).
16. We have carefully gone through the decisions as referred to by Mr. Barek and we find that the facts and circumstance of those cases are..
Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....aring along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 pas......ned order suffers from patent illegality and it has no legs to stand upon. In support of his contention that the respondents are not entitled to get any order of temporary injunction he relies on the decisions reported in 33 DLR (AD) 298, 15 BLD (AD) 47 and 17 BLD (HCD) 204 and relying on the princi..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....Petition No. 4108 of 2003. Judgment Sharifuddin Chaklader J. - At the instance of the petitioners a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-......efore a civil Court. In the summary proceeding under Article 102, it is not desirable, more often than not, not possible to record a finding as to a disputed question of fact. There is a long line of decisions in favor of the view that the High Court should not enter into disputed question of fact n..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....2. Judgment Faruque Ahmed J. Â- This Rule at the instance of the defendant petitioners was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and decree dated 29-1-2002 passed by the learned Joint District Judge, Court No.1, Borguna in Title Appeal No.2......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....the parties once again fought upto the Appellate Division and still fighting before the High Court Division in this Revision, arising out of the said suit. The suit was dismissed for default by order dated 2‑3‑1996 for non‑appearance of the plaintiff. On an application of the plaintiff under s...... plaintiff under section 151 of the Civil Procedure Code filed on the same date, the suit was restored to its file and number by the impugned order dated 9‑3‑96. 3. The only point involved for decision is whether the suit which was dismissed for default for non‑appearance of the plaintiff c..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ion of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list of abandoned property is sufficient relief and from the date of delivery of the Judgment the property is obviously not an abandoned property and it stands e......ult: The Rule is discharged. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985, sections 10 (5) and 10 (6) Under sections 10 (5) and 10 (6) of Ordinance No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision o..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....oit and upon focusing torch light he found accused Mesbahuddin with a cut rifle in his hand. They also caught him with the arms and ammunition. P.W.7 Kabiluddin has stated in his evidence that on the date of occurrence at a 7/7-30 PM he heard some hue and cry and went out towards the field and he fo......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....meetings. 29. The approval was, however, accorded subject to certain covenant. BGMEA also successfully applied for clearances and authorisation from other concerned authorities. By a communication dated 27th January 2004, RAJUK intimated BGMEA that the Building Construction Committee had accorded......uilding without caring to take approval from Rajuk, the city development authority under the Ministry of housing and public works. 14. Rajuk chairman told New Age that it’s a matter of political decision whether or not the unauthorised BGMEA Building would be demolished. 15. Rajuk will demol..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the Opposite Parties. Civil Revision No.1743 of 2008. Judgment Md. Nizamul Huq J.- This rule was issued calling upon the Opposite Party Nos.1-8 to show cause as to why the judgment and order dated 27.03.2008 passed by the Additional District Judge, Brahmanbaria in Miscellaneous Appeal No.75......d that and dismissed the pre-emption case finding that the case is barred by principle of waiver, estoppel and acquiescence but the Court of appeal committed error in law resulting in an error in the decision occasioning failure of justice in finding that the case of waiver, estoppel and acquiescenc..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Cause Courts Act, 1887 (Act IX of 1887 for revision of an order dated 19-3-07 passed by the Senior Assistant Judge at Sadar in Sylhet in Miscellaneous Case No. 18 o......no case to defend but wants to prolong the litigation and continue occupying the premises illegally. Actually, he is taking dilatory tactics to avoid eviction. 20. Only issue that is facing me for decision is, whether that Court below committed any error occasioning failure of justice in rejectin..Category: Civil Law | Date: | Hits: 281
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ed under Article 102(2)(a)(i)- (ii) Of the Constitution, calling upon the respondents to show cause as to why the impugned letter under Memo No. পবম/শা-২/বগ-২/২০০২/à§à§¯à§® dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed ......e appearing on behalf of the petitioners, submits that the petitioners have been serving the respondents for a long time and have all along been waiting to receive the transfer letters in view of the decision of the Ministry of Establishment, which had taken a decision to transfer the petitioners to..Category: Employment/Service Law | Date: | Hits: 216
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