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KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......r the petitioners, appearing with Mr. Md. Iftekhar Jonaed, learned Advocate, at the very outset draws out attention to Rule 8 of the said Rules and submits that under Rule 8 inclusion of two outsider members in the Evaluation Committee is mandatory, but the Evaluation Committee in question was const......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ...... Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Parishad Vs. Government of Bangladesh, 43 DLR (AD) 126; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DL..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....ion was thenceforth ineffective. It is further claimed that no verbal assurance was given to the writ petitioner of any favourable consideration and that the appointment of the eight persons to the post of Assistant Engineer was made on special consideration and not in accordance with the circular......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... that the appellant was quite innocent and was falsely implicated in the case to dismiss him from service so that the informant’s sister-in-law could be transferred to the School against his vacant post. After conclusion of the trial, the learned Judge found the appellant guilty of charge leveled ......at of the informant, and some other vital witnesses like the Headmaster and two other women teachers did not support the prosecution case. P. Ws.1, 2, 11 and 13 who supported the prosecution case are members of same family and are not eye-witnesses to the occurrence. There are discrepancies and cont...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....o-day affairs of the Company. But, despite several reminders she had kept herself absent from her office and several meetings of the Board of Directors. Respondent No.3 was then removed from the post of Managing Director with effect from 7-2-2005 in accordance with law. Being furious with her ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......e learned Deputy Attorney General appearing for the State supports the reference and submits that explosions caused on 17-8-2005 throughout the whole country were identical, and the exploders are the members of JMB. He adds that although there is no direct evidence against the accused but considerin......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ication along with other land left by them, but he killed time on this or that plea. After the marriage of the pre-emptor in May, 1977, she had to stay with her husband at different places of his posting and whenever she used to come to her husband's house, she requested the seller-opposite part......s no scope for raising the question of defect of parties on account of non-joinder of necessary parties, for the first time in revision". 16. In Abdur Rashid Sarker's case (58 DLR (AD) 159), two member Bench of this Division noticed the earlier cases including the case of Abdus Samad and observ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
.... “insufficient fund”, on 11.12.2008. Thereafter, in compliance with the provisions of section 138 of the Act, 1881 the complainant sent a notice on 15.12.2008 to the accused by registered post with acknowledgement due at his abode demanding payment of the amount due under the cheque with......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ol. The younger sister of the informant is an M.A. who got her name registered for becoming a teacher. The informant and other witnesses with a view to remove the accused appellant illegally from his post / service and to get appointed the sister of informant as Head Master staged a fake drama on 9.......ষক হইতে হইলে রেজিষ্ট্রেশন হইতে হয়”। 29. P.W.9 Jahibul was tendered and he was declined to cross-examine by the defence side. 30. One member of the Managing Committee named Majid was examined as P.W.10 who added in his examination-in-......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....rganize awareness programmes every month on the need to keep Buriganga insulated from infestation. It shall also remove waste from the bank of Buriganga through a Special team and shall set up sign posters on the bank of the river so that the people can be made aware of the frantic scenario that......is visibly ravaged life line of the city. 3. The petitioner a practicing lawyer of this Hon’ble Court, also claims to be a human rights activist and conscious citizen of the country and is a member of the aforenamed organisation. He is taken aback at the passivity and indolence of the resp......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......omoters transfer their shares then the transferees do not become promoter or sponsor shareholders. This right is a right in personam. This right can be enjoyed by the promoters so long they remain as member of the company…........... (70) Sponsor shareholders not eligible to participate ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......District Anti-Corruption Officer, Kushtia lodged a written F.I.R. on 29.1.1991 with the Kushtia Police Station alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....on. Accordingly, he joined Netrokona Government College as Lecturer of Philosophy on 20.10.1996 vide appointment letter dated 16.10.1996 issued by the Ministry of Education (Annexure-A series). The post of the petitioner was subsequently made permanent vide notification dated 04.11.2003 (Annexur...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......after the resignation is accepted. ...............................(9 & 21) Case Referred to- Jagdish Chandra Vs. Commissioner of Transport, (1982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Ab...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....e petitioner with those two persons and that they were loyal to the petitioner and were the follower of his political ideology. As such, the allegations made, he submits, on their face are so preposterous and frivolous that they do not disclose any offence against the petitioner under any of th......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......use is separate. Her brother got married without the knowledge of her parents. She categorically stated that the date of occurrence has been mentioned in the F.I.R. by her father. But she could not remember whether he told the date of occurrence to her father or not. The house of Abul Hashem is situ......f his daughter after lapse of 5 months, but his daughter could not tell the exact date of occurrence. Later on he said that the occurrence took place on 15.9.1999. He informed the matter to the local Union Parishad Member before lodging the F.I.R. He denied suggestion of the defence that he lodged t......daughter after lapse of 5 months, but his daughter could not tell the exact date of occurrence. Later on he said that the occurrence took place on 15.9.1999. He informed the matter to the local Union Parishad Member before lodging the F.I.R. He denied suggestion of the defence that he lodged the F.I..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ayers. The learned Judges on consideration of the facts revealed in the application, exercise their discretion.
44. A formal application, however, must be supported by an affidavit. The letters, post-cards, telegrams were all treated as applications by the Supreme Court of India and Pakistan. N......zen (The Discipline of Law).
27. In India, after initial hesitation, the Supreme Court made a bold assertion in the case of S.P. Gupta Vs. Union of India AIR 1982 SC 149 and held that ‘any member of the public acting bona fide can move the Court’. This decision was followed in Peopl......e said case. But in due course, this principle was allowed to travel beyond any legal right in its strict sense. This principle was lucidly explained by the House of Lords in Council of Civil Service Union V. Minister of the Civil Service (1985) AC 374.
22. The Supreme Court of India also accep......ction 7 of the Muslim Family Laws Ordinance, 1961. Out of six accused, three were arrested and two of them were enlarged on bail on the ground of their old age. At the intervention of the local Union Parishad and the elite of the village, Shahida returned to her husband’s house and started liv..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.04.2009, but she did not repay the amount thus committ...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....s if the application for registration was made by the transferee. (2) For the purpose of sub-section (1) notice to the transferee shall be deemed to have been duly given if despatched by prepaid post to the transferee at the address given in the instrument of transfer and shall be deemed to hav......ransferee and subject to the provisions of subsection (7) the company shall, unless objection is made by the transferee two weeks from the date of receipt of the notice, enter in its register of members the name of the transferee in the same manner and subject to the same conditions as if the a......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......y the plaintiff to the vessel is unlawful and the owner is not liable for any such unlawful service. 8. It has been further asserted in the written statement that if there was any supply of crew members, spare parts, repairing work supply of bunker and any other services done to the vessel the ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....to defendant No.3, the local agent of the defendant Nos.1 and 2, godown officer of defendant No.5 and the manager of the defendant No.4. Thereafter, the plaintiff engaged SGS Bangladesh Limited for a post landing joint survey with a request to the commercial attaché of the High Commission of India ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......dent No.1 was registered with the VAT on 01-07-1991 and paid VAT from 26-06-1992 to 05-10-1992 at the rate of 15% (Annexure-D to the writ petition). But by a letter dated 09-11-1993, addressed to the member of the National Board of Revenue, the appellant No.1 terming the company as a ‘নি...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
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