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Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....at the petitioner is a business man and a regular tax payer of the country. He is the owner of a group of companies. The petitioner earlier in the year 1987 joined in service at Titas Gas T&D Company as Meter Reader and had been placed as OSD in 1989 & in 1996 the petitioner had been termina......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......ically argued that as mandated by sub-rule 1-5 of Rule 7 of ACC Rules 2007, the Commission could not complete the enquiry within specified time as provided under the said Rule and for that reason the proceeding against the petitioner ought to have been closed but without doing so the respondent proc..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....nd 302/301 of the Penal Code. 3. Before the learned Sessions Judge, the prosecution examined 11 witnesses in support of its case. The accused respondents pleaded not guilty but they did not adduce any evidence. The learned Sessions Judge on consideration of the evidence on record found the respon.......5), Haju Khatoon (P.W.6) and Abdus Sattar (P.W.8) came to a definite finding that Sufia and accused Tajul Islam had developed an affair while she was workÂing in the house of Nural Haque and at one stage, she became pregnant and that with the intervention of the local elites, their marriage was so......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... children, do their daily work within the ‘bidi’ factories inhaling air polluted by tobacco dust and how large quantity of nicotine has been detected in their blood system. It also describes how many of the workers fall prey to various chronic diseases such as Asthma, TB, Jaundice, Bronchitis, K...... shall adopt effective measures for the purpose of - (a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; (b) relating education to the needs of society and producing p...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....¦â€¦â€¦Respondents Judgment August 24, 2010. Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offen......482 dated 17-11-2009. It is also alleged that another attempt to file a written FIR was thwarted by the Officer-in-charge of Motijheel Police Station on 6-2-2010. 10. Clearly at this earlier stage there was no allegation of any cognizable offence. That GD Entry was lodged by one Jahirul Isl......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....Annexure-G) setting-aside the judgment and decree dated 7-8-2008 (Annexure-D and D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the ru......with a subsequent facility being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guarantee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names from the case, whereupon ......upon the Adalat by order dated 22-4-2004 rejected their prayer. As against this, the petitioners moved Writ Petition No. 5510 of 2004, whereupon the High Court Division issued rule and stayed further proceedings of the said suit, although the rule in the said writ petition was finally discharged. As..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....sions of Islami Shariah, having its branches all over the country and that the Agrabad Branch is one of them; that the accused is the manÂaging director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the applicaÂtion of the accused for loan, to run its business, the paye......of the case, where upon the CR Case No.107 of 2008 has been registered. 3. The accused petitioner voluntarily surrenÂdered on 28-10-2008 before the learned Magistrate and obtained bail. At this stage the accused petitionÂer has moved this petition under 561A, as a motion, and obtained the ins......zaul Hasan J.- This Rule issued under section 561A of the Code of Criminal Procedure (the Code) at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceedings of CR Case No.107 of 2008 (Bandar Zone) under section 138 and 140 of the Negotiable Inst..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....e resulting in the death of the victim, so far as the accused Rehana Begum was concerned. The tribunal asked all the accuseds as to whether they would plead guilty and as to whether they would adduce any evidence in support of their defence. The accuseds gave reply in the negative. 7. Thereafter,......ing her to the forceful gang rape by the three convicts, while the convict Rehana acted to make this happen. Thereafter, the accuseds, one after another, committed rape on the victim by force. At one stage Jalil Molla came to the spot, and opened the chain. The accuseds skipped and her sister came, ......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
....i-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alteram partem is applied even though the statute is s......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:
......y 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 of the fundamental rights of the petitioner as well as the principl..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
.... in the suit schedule land but no notice/summons of the Partition Suit and Title Appeal was served upon her. In the said miscellaneous case the contesting opposite parties No.1-7 without submitting any written statement filed an application under Order 7 Rule 11 read with section 151 of the Code ......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. ...... her filed an application in the suit praying for exemption from service of summon upon her and obtained an order beyond her knowledge, It has also been stated that she was not at all aware of the proceedings of the Partition Suit No.186 of 1986 which was renumbered as Partition Suit No.82 of 19..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... Adalat is to pass specific order of Civil imprisonment for a specific period.………………(10) There must be a distinction between the accused of a criminal case and the Judgment-debtor of any Civil proceeding. Even if any Civil imprisÂonment under section 34(1) of the Artha Rin Adalat A......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ...... to pass specific order of Civil imprisonment for a specific period.………………(10) There must be a distinction between the accused of a criminal case and the Judgment-debtor of any Civil proceeding. Even if any Civil imprisÂonment under section 34(1) of the Artha Rin Adalat Ain, 2003 w..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....t the complainant petitioner, as of right, is entitled to adduce evidence to prove these facts at the time of trial. Accordingly, he submits that the complaint petition is not liable to be quashed on any of these grounds. In support of his contention, the learned Advocate has cited before us the cas......urt, Sylhet, which was fixed on 14.09.2008, but the learned Judge on date did not preside the Court, as such previous order prevailed and the petitioner continued to enjoy his bail privilege. At this stage, the accused-petitioner moved this application under 561A on 13.10.2008, as a motion, and obta......n J.- This rule under section 561A of the Code of Criminal Procedure (the Code) has been issued at the instance of the accused-petitioner calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 458 of 2008 arising out of C.R. Case No.763 of 2008 under section 1..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....t execution was started. 10. In order to appreciate the grounds taken in revision we are to interpret Section 44A(1) of the Code which reads as hereunder: "Where a certified copy of a decree of any of the superior Court of any reciprocating territory has been filed in a District Court, the dec......of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal ......o that Court". "21. (1) Save as aforesaid, an appeal from a decree or order of a Joint District Judge shall lie (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five lac taka. (b) To..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
....ent 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 occurrence of such incidents should not be declar......red that her family was to be isolated until punished. On January 17, 2010 the influential group arranged the arbitration at the yard of the victim and sentenced the girl to suffer 101 lashes. At one stage of inhuman torture the girl collapsed and fainted. She regained her sense after two hours. The...... are empowered to undertake alternative dispute resolution, rather than adjudication, for example through arbitration or conciliation. Under the Code of Civil Procedure the parties may in a mediation proceeding select as mediator a person who is not a judge and under the Family Courts Act the Court ..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... of Artha Rin Adalat Ain, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain, 1990 provides that, no judgment and decree passed by the Artha Rin Adalat can be challenged in any court of authority excepting filing appeal. ........... (4) Judgment and Order of Artha Rin......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. ......is not applicable for a decree obtained by practicing fraud. He submits that the plaintiff of this suit was impleaded as defendant No.3 in the Artha Rin Suit No.35 of 1996 but he was not aware of the proceedings of the suit, as no summons or notices were served upon him. In elaborating his submissio..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....Negotiable Instrument Act, 1881………………………………………(13) The expression “access to be negotiable" only means that the cheque (or the instrument) cannot be transferred to any other person so as to constitute that person (the transferee of the cheque) as the holder. This ......Court has framed charge on 09.08.2009 under section 138 of the N.I.Act against the accused petitioner. However the accused petitioner was enlarged on bail on 09.09.2009 by the trial Court and at this stage the petitioner moved this petition and obtained the instant rule. 4. The learned Advocate M......zaul Hasan J.- This rule issued under section 561A of the Code of Criminal Procedure (the Code) at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceedings of C.R. Case No.12 of 2009 (Kotwali Zone) under section 138 of the Negotiable Instrument..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....idence Act, 1872; Section 114(g) The Code of Criminal Procedure, 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 o......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. ......ary Mr. SS Sarker, the learned "Deputy Attorney-General appearing on behalf of the state submits that the prosecution proved their case against the appellants beyond all reasonable doubt by proceeding sufficient and reliable evidence. He further submits that the prosecution examined as may..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....sideration is the bainapatra i.e. the agreement itself. If it is found that 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 contrac......n such fact, such evidence must be kept out of the consideration of the Court. Even an argument involving a question of fact which has not been pleaded by the party concerned cannot be allowed at the stage of argument. In spite of clear assertion in the plaint about the written acknowledgments by th......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)
....4,049 through treasury challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat author......es Act. The petitioner is registered with Vat authority and is engaged in trading of manufactured batteries procured from local manufacturers upon payment of VAT against 10% value addition at trading stage. Respondent No.1 by letter under Nothi No.4/Mushok (1) Staniya-o-Rajasha Audit/2007-08/08/634 ...... 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
....opposes the Rule. He submits that the
trial Court below committed no illegality in rejecting the application for
addition of party on the ground that in a suit for specific performance of
contract any 3rd party to that contract is not, at all, a necessary party and
as such the question of interf......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. ......
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 multiplicities
of suit and proceeding, he may be added as defendant in the suit by the Court
in exercise of its judicial discr..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ce on 22-6-2008 under section 138 of the Negotiable Instrument Act, 1881 demanding payment of Taka 50,00,000 (fifty lakh) only but the accused-petitioner inspite of receipt of the notice did not take any step to pay the cheque amount after expiry of 15 days of the said notice and, as such, the compl......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....... 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 proceeding of Metropolitan Sessions Case No.1901 of 2009 arising out of CR Case No.4131 of 2008 (Sou..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
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