Search Options
Judgment Advanced Search
Displaying 341-360 of 3812 results.
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment October 25, 2010. Result: The Rule is disposed of with observations. Cases Referred ......hild alleged to have committed a non-bailable offence on bail under the proviso to section 497 of the Code of Criminal Procedure. Section 49(2) of the Children Act provides that if the Court does not grant bail, then the child shall be ordered to be detained in a remand home or place of safety. Sect..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......ment has a devastating effect on both the economic opportunities and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional......zammel Hossain J SK Sinha J British American Tobacco Bangladesh Company Ltd............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases ......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ...... "The legislature has not made any differentiation between executive and adjudicating order. On a perusal of the provisions of VAT Act it appears that the Commissioner of VAT is vested with the power of adjudication in certain matters. But section 42 does not contemplate that only an adjudicat......ellip;………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: The Rule is discharged. Case Referred to- Messers Chemico......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......n O Salish Kendra (ASK), represented by its Executive Director and another………………………........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, Dhaka and others….............Respondents Judgment September...... ......f any child who had not completed 14 years of age and section 67(Ka) provided that non-adult workers between the age of 14 to 18 years would not be allowed to work unless a certificate of fitness was granted for the purpose under section 68 of the Act. The learned advocate points out that the report..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......rch Institute, terminating the service of the petitioner
purportedly under regulation 53(2) of the Bangladesh Sugar and Food Industries
Corporation Regulations, 1989, being a colourable exercise of power for
collateral purposes and for frustrating earlier judicial proceedings and being
violative......ion
(Special Original Jurisdiction)
Present:
Zubayer Rahman Chowdhury J
Farah Mahbub J
S.M.
Saiful Hasan……………….....................Petitioner
Vs.
Director
General, Bangladesh Sugarcane Research Institute and others…......Respondents
Judgment
......r. Accordingly, having found no substance in the present
Rule, it is liable to be discharged.
In the result, the
Rule is discharged.
There will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed...
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... section 151 of Code of Civil procedure and the learned Additional District Judge passed the impugned Judgment and order invoking section 151 of the Code of Civil procedure which provides inherent power of the Court and as such the appellate Court below did not commit any error of law. 6. ...... Md. Idris Mia son of late Korban Ali and others…………………Defendant-opposite parties Judgment July 14, 2010. Result: The Rule is made absolute. Cases Referred to- Harunor Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (AD) 286; Punja......dant No.18 as petitioner under Order 9 Rule 13 of the Code of Civil Procedure and dispose of the same on merit in accordance with law after notifying the parties concerned. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's rec..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
....over the internal administrative actions taken by Meghna Petroleum Ltd., an autonomous body. The services of the writ petitioners are transferable job and the writ respondent No. 4 in exercise of his discretionary power transferred the writ petitioners for maintaining its internal administration and......nal administrative actions taken by Meghna Petroleum Ltd., an autonomous body. The services of the writ petitioners are transferable job and the writ respondent No. 4 in exercise of his discretionary power transferred the writ petitioners for maintaining its internal administration and the High Cour...... Result: The appeal is disposed off. When an employee challenges a transfer order, the High Court Division instead of interfering with such order can direct the department to enforce the transfer order and to take suitable action against erring persons of the autonomous b......on hearing the parties stayed operation of the said order for period of 3(three) months as prayed for. Being aggrieved by the said order the appellants moved this Division a leave petition. Leave was granted to consider whether the High Court Division is justified in interfering with the lawful orde..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......appearing for the opposite party by filing Counter Affidavit opposes the Rule and submits that the certified copy of the foreign decree was filed in the Court of District Judge, who by exercising its power under Sections 38 and 39 of the Code transferred the execution case to the Court of Joint Dist......az Farooq Advocate, with Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-20...... the impugned order suffers from no legal infirmity which calls for no interference by this Court. Thus the Rule having no merit fails. 28. In the result, the Rule is discharged. The order of stay granted earlier by this Court stands vacated. The trial Court is directed to dispose of the Money Ex..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......overnment and the PSC contested the writ petitions by filling two affidavits-in-opposition. The case of the Government is that under the Rules of Business, the appointing authority has full power either to accept or to reject the recommendation of the PSC and in support of its claim it has......osts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such constitutional commission."………&h......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......to prevent the commission of crimes. Such obligations with regard to local government officials are elaborately set out in the Union Parishads Ordinance, 1983. In addition, the Ordinance sets out the powers and functions of the Union Parishads in particular to maintain law and order and preventing t......Petition No. 4275 of 2010).
Vs.
Government of Bangladesh and Others………………………..Respondents.
Judgment
July 8, 2010.
Result:
Rules are made absolute.
Case Referred to-
HM. Ershad v. Bangladesh, 2001 BLD (AD) 69.
Lawyers Involved:
Ms. Sara Hossain, Advocat...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......n has been made in respect of a final order under Order IX Rule 13 CPC. In both the cases, appeal will be to the High Court Division. There is room for argument that both the appellate and revisional powers of interference with any "order" interlocutory or otherwise, is expressly barred by...... filing appeal. ........... (4) Judgment and Order of Artha Rin Adalat – is it challengeable? Section 6 of Artha Adalat Ain, 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 19......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(15) The contract must have the essentials of a contract and binding at law in order to be enforceable. Relief granted under section 22 of Specific Relief Act is a discretionary relief but such discretion is to be applied judicially. JudiÂcial discretion means s...... as his daughter resides in Canada, sons are too much busy in their business and his wife is 'pardanashin' lady, verbally all of them have agreed to deliver their portion of land by virtue of general power of attorney to him to sell their respective proportionate share of the suit land. The plaintif......hat the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court then lifts its hands off to pass a decree. A contract is specifically enforceable when it is a concluded contract, it contai......uable consideration and is not be illegal…………………………………(15) The contract must have the essentials of a contract and binding at law in order to be enforceable. Relief granted under section 22 of Specific Relief Act is a discretionary relief but such discretion is to..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......without lawful authqrity and liable to be struck down. 7. In reply, Ms. Israt Jahan, the learned Assistant Attorney-General placed before us the following arguments:— (a) The CAG is empowered under article 128 of the Constitution to audit a public enterprise, Government offices, Cour......38. ......took excess rebate of that amount from December, 2007 to June, 2008. The petitioner upon receipt of the said letter dated 8-9-2008 submitted an application on 15-9-2008 requesting respondent No.1 for granting one month time for taking appropriate steps regarding VAT matter. Thereafter, respon&s..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......ellip;……………Respondents Judgment May 10, 2010. Result: The appeal is dismissed. Lawyers Involved: Md. Akram Hossain Chowdhury, Deputy Attorney General - For the Appellant. First Appeal No.117 of 1990. Judgment Md. R......hy;nally belonged to Jaminder the ex-rent receivers and while they were in khas possession with title gave pattan of the suit land to the plaintiff on 5th Jaistha, 1342 B.S. The ex-rent receiver granted an amalnama to the plaintiff and on taking rent handed over delivery of possession to the pl..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......
learned Advocate appearing for the petitioner submits that the trial Court below
ought to have considered that the defendant Nos.1-3 appointed their attorney
Md. Nurul Haque Sheikh by a registered power of attorney dated 22.6.2000 in
respect of the suit land for executing registered kabala in fa......le is made absolute.
The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid mul......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......s and members of the bar mind the serious consequence of committing contempt of Court in moving on behalf of a prisoner who is a fugitive from law. The appeal filed by the counsel on the basis of the power of attorney executed by Gul Hassan in favour of Khawaja Mohammad Khan before his absconsion wa...... Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the......fied with all these decisions as discussed above we hold that the instant writ petition is not maintainable and accordingly the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court at the time issuance of the Rule is hereby vacated. Let a copy of..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510....... quashed. 7. That the complainant filed a petition of complaint by person but the accused-petitioner gave the cheque to the "Messrs Hossain Traders" and the complainant is neither a proprietor nor power of attorney holder of the said "Messrs Hossain Traders" and accordingly he has no locus standi......¦â€¦â€¦â€¦â€¦â€¦â€¦Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: The Rule is discharged. Cases Referred to- Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; ......hed and the accused-petitioner is not, therefore, entitled to get any relief as prayed for and, as such, the Rule should be discharged. 20. In the result, the Rule is discharged. The order of stay granted at the time of issuance of the Rule stands vacated. The learned trial Court is directed to d..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......r alia that one Md. Rafiqul Islam, former State Minister for Power, Energy and Mineral Resources by ignoring the opinion of the high officials of the Ministry and with intent to make gain by abuse of power rejected the lowest bid of Taka 123,76,28,319 of the First Survey and Design Institute of Mini......................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purvi...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......ion has not commitÂted any error or illegality in setting aside the erroneous order of the Court below." 4. The learned Counsel next submits that there is no scope to exercise the inherent powers to secure ends of justice. In support of his contentions he refers the case of Shamsul Islam ......le is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order IX rule 13 In an application under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defenda......ed Judgment and order suffers from no legal infirmity which calls for no interference by this Court. Thus the Rule having no merit fails. In the result, the Rule is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at on..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
.......
20. Mr. Kamal next submits that the impugned orders are liable to be declared to have been passed without jurisdiction in as much as, the impugned e orders have been passed in abuse of executive power for ulterior motive as because settled principle is that the goods should be assessed on the b......2) 437.
......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
52678698583952658552863289748484495362908814781087887896860079097578765179028132