Search Options

Judgment Advanced Search

Displaying 341-360 of 3272 results.

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....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 ......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

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......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)

.... 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 ......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...... 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)

....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......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)

....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

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... 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

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....odern Bangladesh being a democratic country though its resources are limited, but it has the good intention to provide minimum health care/medical services facilities to its citizens in spite of it's financial handicap but under the impugned imposition of VAT it requires citizens to pay fees for the...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ........…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. Lawyers Involved: S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Monzil Mors...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ..

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. ......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)

....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 . ...... 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......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

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....ing to the receipts and expenditure of the Government, statutory public authorities and public enterprises with a view to ensuring that Rules and orders framed by the competent authority in regard to financial matters have been followed; that sums due have been proper­ly assessed realized and br......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. ...... 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. ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....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 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. ......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......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)

....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; ......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)

.... 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 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....... 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

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....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

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. ...... 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...... 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

Safiat Sobhan Vs. Anti-Corruption Commission and others, 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: 62 DLR (HCD) (2010) 511. ...... 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: 62 DLR (HCD) (2010) 511. ...... The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petition for Lea...... 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: 62 DLR (HCD) (2010) 511. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ......be confirmed/regular­ized in the service. The learned Advocate further submitted that University Authority acted fairly and justly and there has been no discriminatory and arbitratory exercise of power in dealing with the matter of confirmation/regularization of the service of the writ-petitione...... A.F.M. Mesbahuddin Ahmed, Senior Advocate instructed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5. Not represented- Respondent Nos.1-4 and 6-9. Civil Petition for Leave to Appeal No.267 of 2010. (From the judgment and order dated the 23rd day of November, 2009 pas......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire. Ed. This Case is also Reported in: VII ADC (2010) 1008. ..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....mes of the petitioners may be excluded from the CIB Report dated 19.08.1998. 44. It is pertinent to mention that as per section 27 AA of the Bank Companies Act, 1991 every banking company and financial institution, on a regular basis, will send a list of its loan defaulter to the Bangladesh......petitioners created hurdle to continue their running business with out any reason. 9. He lastly submits that the impugned embargo is without lawful authority inasmuch as exercise of statutory power by the public functionaries relying on a unjustified and false report of the Respondent No.6 ......the Respondent No.2. Abdur Razzak - For the Respondent No.5 and 6. Writ Petition No.1449 of 2002. Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of t......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7