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General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
.... 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 ......................................Respondents Judgment July 13, 2010. 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 e......and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......enforce the transfer order and to take suitable action against erring persons of the autonomous body. An order of transfer is not an action affecting, altering or infringing upon right to office one holds and while exercising jurisdiction of judicial review the High Court Division cannot sit ov..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......rising out of C.R. Case No.763 of 2008 under section 138 of the Negotiable Instrument Act, 1881, now pending in the Court of Sessions Judge, Sylhet, should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The short facts leading ...... Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J ATM Salim Chowdhury...............................Petitioner Vs. The State.................................................Opposite party Jud..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
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. ......sp; 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 learned Additional District Judge, and Bankruptcy Court, Dhaka reje......ioner. Mohammad Imtiaz 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 ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J AL-Arafah Islami Bank Limited……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......9 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Additional District Judge, Second Court, Dhaka granting tem......This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......e facts and circumstances of the case rightly allowed the application for temporary injunction which calls for no interference by this Court. 7. In order to appreciate their submissions we have gone through the record and given our anxious consideration to their submissions. 8. The point f..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
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. ...... the posts 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."……&hel......(AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......mad Fazlul Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others........................................Respondents Ju..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....cross the country, detailed in different paragraphs of the Writ Petition and the application for direction. A few of them are stated below:
5. The petitioners came to learn from a newspaper report published in "The Daily Prothom Alo" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, D......onal duties to take effective measures to prevent the imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occ......e 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....... Court Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
Gobinda Chandra Tagore J
Bangladesh Legal Aid and Services Trust and Others…………………….Petitioner (In Writ Petition No. 5863 of 2009).
Advocate Md. Salahuddin Dolon……………………â€..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....that VAT shall be paid by the provider /renderer in the case of service. But in the case of health treatment the service provider is collecting VAT from the citizens. On 08.06.2000 a notification was published by the writ-respondent No.4 under the provision of 5(3) (Kha) of VAT Act. Clarification wa...... the Petitioner.
Monzil Morshid, Advocate instructed by A. S.M. Khaleqiuzzman, Advocate-on-Record-For the Respondents.
Civil Petition for Leave to Appeal No. 2107 of 2009.
(From the judgment and order dated the 14th day of July, 2009 passed by the High Court Division in Writ Petition No.1190 of...... Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......d. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
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. ......diction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Secondly, by filing appli......) (2013) 301. ...... is transaction between the plaintiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in favour of any other person. On 15-7-2001, the plaintiff came to know from an employee of the..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......(Kotwali Zone) under section 138 of the Negotiable Instrument Act, now pending in the Court of learned Metropolitan Sessions Judge, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this ......granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......State. Criminal Appeal No.2581 of 2001. Judgment SM Emdadul Hoque J.- This Appeal at the instance of the convict appellant Abul Hashem and 2 others is directed against the judgment and order dated 24-5-2001 passed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.42 of 1......n with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......deceased Abul Hashem then accused Abul Hashem gave a dao blow from behind upon vault of head of deceased Abul Hashem and then accused Mohsin dealt another dao blow upon his right elbow joint causing bone cut injury and accused Abdul Hossain again dealt a dao blow upon right thing of deceased Abul Ha..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......d-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent. Civil Appeal No. 164 of 2003. (From the judgment and order dated 2.11.2002 passed by the High Court Division in Civil Revision No. 5093 of 2001). Judg...... appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......6 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....receipt of the notice, Defendant No.1 replied but plaintiff got information that defenÂdant was about to alienate the land in suit and through his learned advocate, Mr. Salamat Khan got legal notice published in the Daily Ittefaq dated 6-4-1998 disclosing the agreement and warned concerned person n......o the contract, it is upon a valuable 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....... This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......nd measured at 30 decimals per bigha, rate of which was at Taka 4,50,000 per bigha and received Taka 10,00,000 (Ten lakh) by cheque No.15588 dated 21-11-1996 and he gave a signed receipt of the said money. Later on, on the back side of said bainapatra, he acknowÂledge further receipt of Taka 20 lak..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. ......s rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ........................ (26) Show Cause notice Section 9 of the VAT Act, provides ......s vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser J Aftab Automobiles Ltd ........................................Petitioner Vs. Superintendent Customs, Excise & VAT & others……..............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. ......cordingly the inquiry was held by the C.O. (Revenue), Shahjadpur wherein it was found that the suit land was possessed by the plaintiff. Thereafter the Sub-Division of Magistrate, Sirajgonj passed an order that suit property was not the Government property and released from the list of sairat which ......idul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......ted in: 7 LG (HCD) (2010) 340. ..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. ......e 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 passed by the learned Joint District
Judge, Arbitration Court, Dhaka in......se is also Reported in: 17 MLR (HCD) (2012) 409. ......ivil Appellate
Jurisdiction)
Present:
Sheikh Abdul Awal J
M. Moazzam Husain J
Most. Johura Begum alias Mosammat
Johara Begum……………………………….Plaintiff-petitioner
Vs.
Alhaj Abdur Rob Bhuiyan and
others………………………………………...
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. ...... to agitate his grievance and must surÂrender first to the process of justice, otherÂwise, he remains to be fugitive from justice and could not seek aid or assistance of the process of justice in order to claim right of audience against the process of the Court issued against him/them. ……â€......2010) 359; 17 MLR (HCD) (2012) 412. ......s a fugitive from justice…………………………….(10) Cases Referred to- Anti-Corruption Commission Vs. Mohammad Hossain and others, 61 DLR (AD) 17; The Anti-Corruption Commissioner Vs. Dr. H.B.M. Alamgir and others, 18 BLT (AD) 266; ACC Vs. HBM Iqbal, 15 BLC (AD) 44; Gul Hasa..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.......be quashed. 10. That learned Court below illegally framed charge against the accused-petitioner under the releÂvant provision of the Negotiable Instrument Act, 1881. 11. Being aggrieved by the order dated 5-5-2009 framing charge against him, the accused-petiÂtioner preferred this application......nicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......r the opposite parties. Civil Revision No.3886 of 2008. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party Nos.1-2 were called upon to show cause as to why the impugned order dated 10.7.2008 passed by the learned Joint District Judge, Narayangonj in Miscellaneous Case......s Case is also Reported in: 15 MLR (HCD) (2010) 473. ...... Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Abdul Qadir and others………………………………………………Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Narayangonj a..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....fs regularly paying their rents and also the land development taxes. Plaintiffs paid rents and other taxes up to 1397 BS Khoshra RS khatian No. 478 was prepared in the name of Md. Salim Ullah and was published. But on receiving the RS khatian it appears that 3 decimals of land of dag No.1019 a...... by the leaned Sub-ordinate Judge, 2nd Court, Narayangonj in Title Suit No.391 of 1994 needs interference. We find substance in this appeal. 17. In the result, this appeal is allowed without any order as to costs. 18. The impugned judgment and decree dated 28-4-1999 passed by the learned S......ourt records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......s Vs. State and others..............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appellate Division no property can be declared ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......Judgment Siddiqur Rahman Miah J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the order dated 04.07.2007 passed by the learned Assistant Sessions Judge, Tangail in Session Case No.16......vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
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