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British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....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 ...... f. Sexually coloured remark or gesture; g. Indecent gesture, teasing through abusive language, stalking, joking having sexual implication; h. Insult through letters, telephone calls, cell phone calls, SMS, pottering, notice, cartoon, writing on bench, chair, table, notice b......dings and observations we do not find any merit in the leave petition. 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
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....ndidate is to follow the provisions of Article 12 (3a) of the Representation of the People Order, 1972 whereby a candidate must secure a letter from the party concerned; that the party is empowered under the law and the rules to nominate more than one candidate. Subsequently, one or all ca......nha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The leave petition is dismissed. Cases Referred to- ...... petition is not maintainable as the Respondent No.1 was not a contesting candidate or a candidate at all. Under Article 49(1) of the Representation of the People Order, 1972, no election can be called in question except by an election petition presented by "a candidate for that election i......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... "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......e Constitution of the People's Republic of Bangladesh.) Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner Orascom Telecom Bangladesh Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No.37/Mushok/10 dated 18.4.2010 issue......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)
....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...... ......ints out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for those employers until that money is considered repaid, which is locally known as “dadon” (“দাদন”). He submitted, however, that these are situations wh...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......……………………Convict-Appellant (In Jail). Vs. The State………………………Respondent. Judgment August 1, 2010. Result: The appeal is dismissed. Cases Referred to- Yogeshwar Gope Vs. The state, 58 DLR (AD) 2006, page 73; Tunga Veskata Krishnaiah Vs. State o.......W.1) Md. Afsar Ali, with the Police Station Gurudaspur, District-Natore, alleging, amongst others, that on 27.07.2001, at about 10.00 a.m. the accused Rehana Begum, wife of the accused Jamal Mollah, called away his daughter Most. Asma Khatun (17) on the excuse of sewing a katha (a homemade blanket ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
....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
......rit Petition No. 2642 of 2004
Judgment
Farah Mahbub J.- In
this Rule Nisi issued under Article
102 of the Constitution of the People’s Republic of Bangladesh, the respondents
have been called upon to show cause as to why the office order dated 22.4.2004
vide memo no. BSRI/P-129/2004/......tee having been appointed
on 27.4.04 the petitioner was released from the said post, but with malafide intention he did not hand over the
charge. That the said issue was also discussed in different meetings of the Management
Board of the Institute held in 1995 i.e. long before the respondent no.1..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
.... 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...... the Petitioner. Shamsuddin Babul with Kanai Lal Shaha, Advocates - For the Opposite Parties. Civil Revision No.4922 of 2002. Judgment Borhanuddin J.- This rule has been issued calling upon the opposite parties No.1 to 7 to show cause as to why the judgment and order dated 15......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. ..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)
....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......d that the purported orders were issued with a mala fide motive to victimise them. Pursuant to the writ petition, a Division Bench of the High Court Division issued a rule nisi on 10th December, 2002 calling upon the writ respondents to show cause as to why the aforesaid orders should not be declare...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....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......ate, 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 21-09-2005 passed by le......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. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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...... subsequently the posts were increased to 4149. The petitioners after passing the preliminary test were allowed to sit for written test and then on being successful in the written test they were called for viva-voce examination. They having been successful in the viva-voce as well the PSC by it......July, 2008 discharged the Rules observing as under: "The commission is made independent and was not bound to accept the request of the Government in its entirety. The commission in its meeting unanimously decided to cancel the viva voce examination only. Under the prevailing circ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....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......sposed of by this common judgment as they do involve common questions of law and facts.
2. In Writ Petition No. 5863 of 2009 a Rule Nisi was issued on the following terms:
Let a Rule Nisi issue calling upon the respondents to show cause as to why their failure to act in a timely manner and to ......der or orders passed as to this Court may deem fit and proper.
17. The news item stated that the victim had an affair with a Hindu boy of the same village. The news report further states that at a meeting, the village elders along with three Imams, Maulana Abdur Rahim, Abu Dakar and Mobarak Hossa..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....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......en made against the decree passed by the Artha Rin Adalat. Against such judgment and decree no writ petition lies. ........... (13) Deposit of 50% of decretal amount Artha Rin Adalat specifically provides for only two remedies against exparte decree. It is either by an application or by an......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)
.... 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......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 contains a clear mutual understanding and a ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
....
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...... For
the petitioner.
Md. Abdul Quadir Talukder, Advocate - For the opposite party
Nos.1-3.
Civil Revision No.4178 of 2006.
Judgment
Sheikh Abdul Awal J.- This
Rule was issued calling upon the opposite parties to show cause as to why the
impugned order No.36 dated 10.8.2006 ......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)
....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......vocate - For respondent No.3. Writ Petition No.7350 of 2008. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners Nazma Sarwar and others, this Rule Nisi was issued calling upon the respondents to show cause as to why the judgment and order of conviction and sent......opy of this judgment be transmitted 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. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
.... 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......………………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; ......d. Fazlur Rahman J.- This Rule at the instance of the accused-petitioner Md. Sarwar Hossain Moni was issued on 16-3-2010 upon an application filed under section 561A of the Code of Criminal Procedure calling upon the opposite party No.2 and Deputy Commissioner, Dhaka to show cause as to why the proc......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...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....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......eral - For the State. Syed Mizanur Rahman, Advocate - For the Opposite Party No.2. Criminal Miscellaneous Case No.12273 of 2002. Judgment Md. Shamsul Huda J.- This rule was issued calling upon the opposite parties to show cause as to why the proceeding of Special Case No.102 of 2......hen Prime Minister who was in-charge of the Ministry, recommended the bid of CWHEC for Taka 141,65,30,296 to the Cabinet Committee. 8. The proposal was accepted by Cabinet Committee in its Board meeting dated 14-12-98. The tender of FSDI was cancelled with dishonest intention to award the contr..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ion has not committed 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......tant Attorney General - For the opposite parties. Civil Revision No.1662 of 2009. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff Respondent petitioner, calls in question the legality and propriety of Judgment and order dated 10-02-2009 passed by learne....... 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 . ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
.....
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.
......milar facts and common question of law having been involved, those were heard analogously and are being disposed of by this single Judgment.
2. In Writ Petition No.6460 of 2007 the Rule was issued calling upon the respondents to show cause as to why the orders dated 19.07.2007 (Annexure-G, G-1 an......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
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......tioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by the prosecution in an application under section 241A of the Co......pondent No.2-ACC. Writ Petition No.1311 of 2008. Judgment Md. Imman Ali J.- This Rule Nisi was issued upon an application by the petitioner under Article 102 (2)(a) of the Constitution calling upon the respondents to show cause as to why the impugned order, communicated vide Memo No. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
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