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.... service of an employee of any statutory body
The doctrine of audi
alteram partem is applied even though the statute is silent about the
application of the same and that the said concept has also been recognised in
the Constitution giving protection to the persons in the service of the
Repu......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/......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:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
....ty. In the case in our hand it appears that decree has already been drawn long before. Section 2(2) of the Code define decree as 'decree' means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with re......l is dismissed for not taking steps by the appellant after the appeal is admitted in the High Court Division (Rule 15A), when the appellant was in default in not appearing in Court when the appeal is called on for hearing (Rule 17), and where the notices of the appeal could not be served for the fai......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....nk……………………….Petitioner Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of th......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......ion and the conduct of the filing lawyer is not reasonable and not covered by any norms of practice as the delay is absolutely inordinate, the appellant may sue the filing conÂducting lawyer for the loss but on such application which does not disclose the particulars even to the date of knowledge o..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
.... Judge transferred the execution case to the third Court of Joint District Judge, Dhaka for execution. 3. In execution case, the Judgment-debtor by the applications dated 19-08-2004 and 23-08-2004 sought to dismiss the case as not maintainable and return the case record to the Court of District J......ection 3(1) of the Act. Section 2(4) of the Code reads as follows: "2. (4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court") and includes the local limits of the ordinary original civil jurisdiction......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)
....nt process was not transparent. The High Court Division observed that 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 co...... 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......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
....€¦..Petitioners (In Writ 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:
......a, Comilla had been subjected to 39 lashes by community members, allegedly following a village salish in which certain persons had purported to pronounce this 'sentence' after the woman had initially called on community members to mediate to resolve the issue of the acknowledgement of paternity of h...... 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
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....ocedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined for u......uitted the appellants but without considering the said principle of law illegally convicted the appellants. The learned Senior Counsel further submits that in the instant case P.Ws.2-4 and 6-7 are so called eye witnesses among them the investigation officer examined the P.Ws.3 and 4 after 40 days of......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. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....1). Judgment Md. Tafazzul Islam J.- This appeal, by leave, is directed against the judgment and order dated 2.11.2002 of the High Court Division passed in Writ Petition No.5093 of 2001 making absolute the Rule obtained challenging the Memo dated 23.7.2001 issued by the appellant No.1 demanding......the above consignee at France could be natural but on what authority the containers were opened at Singapore, the transit point, and further the respondent was also not aware of the refusal of the so called buyer to accept the goods the respondent further stated that they were not aware of the destr...... 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. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....on 9 of the VAT Act, provides that no show cause notice is necessary before adjustment of rebate enjoyed by the petitioner. Doctrine of Exhaustion A petitioner in a VAT case can not take resort to invoke writ jurisdiction without exhausting the forum provided under section 9 (2 ka) of the......an, Assistant Attorney-General—For the Respondent. Writ Petition No.8525 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution, the petitioner called in question the legality of the letter under Nothi No.4/Mashak (f) Sthaniyo Rajoswa Audit/200......zed audit team at the time of conducting audit of respondent No.1's office detected that the petitioner and some other companies took excess amount of rebate and thereby caused Government revenue loss. So, respondent No.2 on the basis of audit report duly informed the concerned VAT authorities a..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
...., represented by the Deputy Commissioner, Narayangonj and others………………………………………Opposite parties Judgment April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers ......robinda Kumar Roy, Assistant Attorney-General - For 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 ......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. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....Siddiquee J Sheikh Hasina................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 ......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 Ministry of Railways, the People's Republic of China, (hereinafter called FSDI) for constructing Meghnaghat Site Preparation Project of PDB in order to give work to Ch...... Meghnaghat Site Preparation Project of PDB in order to give work to China National Water Resources and Hydropower Engineering and Corporation hereinafter called (CWHEC) at Taka 141,65,30,296 causing loss of Taka 17,89,01,897 to the Bangladesh GovernÂment. 3. PDB invited International Tender f..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....Motijheel Police Station against the accuseds (1) Md. Akbar Haider Raja and (2) Md. A. Quiyum alleging, inter alia, that on 05.04.2007 at about 14:00 hours while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brough......nt. A line is required to be drawn between the general members of the community and certain classes of persons in the service or pay roll of the government exercising various public functions who are called public servants. [G.A. Monterio 1957 AIR (SC) 13]. In the decision reported in (1889) ILR 26 ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....short, are that the petitioners are the citizens of Bangladesh and the Managing Director and the Director respectively of New Nation Garments Ltd. a bona fide export oriented garment factory and also exporting ready made Garments under back to back L/C. 3. The Respondent No.7 International......requested Respondent No.7 to take necessary step about the same with Bangladesh Bank in response to the letter dated 19.08.1998 of Respondent No.4 so far they are not in any way related with the so called involvement. The petitioner Vide letter dated 30.11.1998 also requested the Respondent No.8 ...... petitioners as 'defaulter borrowers', although the matter between the bank and the petitioners have been settled. By such act of Respondent No.1 the petitioners have been put to suffer irreparable loss and injury mentally and as to his status before the society, particularly in the business comm..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Court will not hesitate to do what the Judicial Committee did………………........ (33) Additional evidence Where additional evidence came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the ad......t No.6. 4. It is further plaint case that, plaintiff was ready and willing on the date fixed to execute a proper deed of sale on receiving the balance of the purchase money and had in fact called upon defendant No.1 to perform his part of the contract and to pay the balance of the purchas......rchase money on the date fixed, but the defendant No.1 with a malafide motive to delay payment of the balance consideration money thereby making unlawful and illegitimate gain for himself and causing loss to the plaintiff by practicing fraud on the plaintiff, requested defendant No.4 to issue letter..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
....In due course the investigation of the case was handed over to the And Corruption Commission, who after due investigation submitted charge sheet dated 23.9.2007. The allegation is that the accused persons were involved in the sale of 18 abandoned houses after evaluating the market price thereof and,...... M. Mahbub Uddin, appearing on behalf of the petitioner submitted that the sanction was given for submitting the charge sheet on 20.9.2007, but there is nothing on record to suggest that the ACC ever called any meeting regarding the sanction. He submitted that each case has to be decided individuall......e accused persons were involved in the sale of 18 abandoned houses after evaluating the market price thereof and, in collusion with each other, they fixed the sale price at a lower value, thus caused loss to the Government. In due course the charge sheet was filed before the Court of Metropolitan Sp..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nine years, since that child is im......arate from adults and convicted prisoners should not be allowed to mix with those under trial……………………….(30) The damage done to the children by placing them in prison for their so-called ‘safety’ can never be compensated, but the officials concerned who have perpetrated such ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....oners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 The General ......nt District Judge, 1st Court, Naogaon in Other Execution Case No.3 of 1990 allowing an application under section 33(1) of the Bankruptcy Act, 1997 (hereinafter referred as "the Act, 1997") has been called in question. This Court instead of granting leave as per law has issued a rule. Since the m......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....n idol, a Debuttor is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and management of it is entrusted to some person as Shebait. He is the person entitled to speak on behalf of the deity on earth and is en......he English sense of the word was unknown in Hindu law. Hindu piety found expression in gifts to images consecrated or installed in temples or to religious institutions, by whatever name they might be called. In the case of a temple, it is the idol which is the juristic person, while in mutts the jur......es that where a Sheba it has acted with gross impropriety or breach of trust, he is liable to be removed from the office even if no actual misappropriation had resulted and the deity had not suffered loss. These views are taken in the case of Nirmal Chandra Banerjee Vs. Jyoti Prosad, 45 CWN 709. It ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
..... Tafazzul Islam J. - This petition for leave to appeal has arisen out of the judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his salary und......rnment College, Barisal, as representative of the Director General of Intermediate and Higher Education, Dhaka and the Inspector of Colleges of Board of Intermediate and Secondary Education, Barisal, called him for interview and he, having secured highest mark amongst all the candidates who faced th......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary that before finding the accused persons guilty of rape, the Court should be satisfied that the story of rape by the victim, thewoman, i...... that he heard that the informant was of questionable character. 16. P.W.3 is the brother of the victim and he deposed that the informant told him about being raped. He deposed that a salish was called and a complaint was lodged with the local Union Parishad but the accused persons did not appe......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
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