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....gment
July
18, 2010.
Result:
The Rule is discharged.
The Bangladesh
Chini-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 employ......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
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. ......on is not maintainable is law. 6. The learned Advocate Mr. Munshi Moniruzzaman, appearing on behalf of the accused-petitioner, after placing the petition filed under section 561A along with the document annexed their with mainly submits that, a mere perusal of the petition of complaint would s..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... be allowed to take any undue advantage and nature and character of the subject matter of the suit should be protected so long the dispute is pending before the Court. Therefore, we hold that ends of justice will be met if the parties be directed to maintain status quo in respect of manufacturing, d...... 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. ..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. ......fully agree with the opinion of the High Court Division that any recommendation of a candidate for any posts do not acquire any right to the said posts. 13. On perusal of the writ petitions, the documents annexed with those and the impugned judgment we find that the High Court Division has righ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....zila of Nilphamari district and forced her to leave the village with her two children as she refused to engage in sexual relations with Miru, son of the U.P Chairman.of the same village, and demanded justice from the Chairman.
11. According to a news report dated 19.9.2009 published in "The Daily...... 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
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... not matter whether the decree was obtained by forgery, misrepresentation, false personation, suppression of fact, misleading the court or use of any other malafide device, no process or procedure of justice can sit upon the decree so obtained. He admits such deterrent provision has been made to pre......with the business of the defendant No.3 Decree in Artha Rin Suit No.35 of 1996 obtained in collusion with the defendant No.3 and some dishonest employees of the defendant No.1 by creating forged document in the name of the plaintiff. It has been further stated that no notice was served upon the..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....n compliance of the order as contained in notice dated 23.7.2001 and that since the above initial order of the appellant No. J dated 23.7.2001 having been issued in violation of principles of natural justice is not a legal order, the respondent had no legal obligation to abide by the same and becaus...... under Shipping Bill No.09649 dated 30.5.2000 and Bill of Lading dated 21.6.2000. Then by letter dated 15.7.2000 Forbes informed the respondent that there being some minor discrepancies in the export documents they would accept the same only at a discount price of US$ 96,500.00. The respondent by le..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
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. ......y filing an affidavit-in-opposition supporting the impugned orders contending, inter alia, that this respondent and audit officers of the directorate has jurisdiction to examine any document, vouchers, etc. of a Government office, statutory bodies, etc. while auditing such office. ..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. ......and? 4. Whether the plaintiff is entitled to any other relieves? 7. In support of the case, the plaintiff examined 2 witnesses and defendant examined two witnesses. The plaintiff's documents were marked as exhibits 1-13 and while those of defendants marked as exhibits- Ka and Kha...Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....nd into the facts and circumstances of the case
and the law bearing on the subject most illegally rejected the application for
addition of party in a summery manner which resulted in the failure of justice
and as such the impugned order is liable to be set-aside.
7. On the other hand, Mr. Md......nd
as such the question of interference does not arise at all.
8. We have heard the learned Advocates
of both the sides, perused the revisional application, counter affidavit along
with other documents as filed therewith. It appears that the
plaintiff-petitioner filed an application under O..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....retariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. 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 ......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
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....13 C.P.C. after long lapse of 4 years 5 months from the date of decreeing Title Suit No.241 of 1999 ex-parte ignoring the provisions of Rule 13(1), Order IX C.P.C. which resulted in the failure of justice and as such the impugned order is liable to be set-aside. Mr. Haider finally submits that t...... Revisional application, impugned order dated 10.7.2008, written objection filed by the present petitioners against the miscellaneous case for setting aside the ex-parte decree and other connected documents as filed thereto. Now, let us look, whether the learned subordinate judge committed any i..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
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 ....... dictation of the persons who were in power at the relevant period. 10. Mr. AFM Mesbahuddin, learned Senior Advocate submits that the prosecution could not substantiate its case by producing any document that earlier tender was called on the basis of one envelop system in place of 2 envelopes s..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....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. ......g into Bangladesh contraband goods in breach of prohibition or restriction on import by law through Chittagong Port and selling the same in Dhaka; that the accused persons could not produce any valid documents in respect of the seized goods and they in collaboration with C & F agents and the Cus..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ny 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 (Md.) Vs. Dhirendra Nath ....... 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
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....cedure. . . When there is alternative remedy open to the accused petitioner, the writ is not maintainable………………………(9) Fugitive from justice When the accused petitioner is alleged to have aided and abetted commission of cognizab...... 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)
....showing the complicity of the petitioner and yet without surrendering before the Court concerned, the petitioner has filed the instant writ petition. He submits that the petitioner is a fugitive from justice and in that view of the matter the writ is not maintainable. 5. In reply the learned Ad...... 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
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received. Hence they filed the pr......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
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....other cause in the suit and whether such an amendment of the plaint may be considered, the Court held as; All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that ......ting No.2/94 dated 31-3-1994. The proforma defendant No.5 thereafter, for reasons known to them, gave a letter under reference No. RAJUK/Estate/4001 STHA dated 27-9-94 seeking further information and documents. Defendant No.1 as lawfully constituted attorney of the plaintiff gave a reply to the said..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... has survived the passage of time. He went on to contend that it is this inviolable concept which was visibly crucified in the instant case, thereby allowing the mortification of the minimum tenet of justice. In support of his contention Mr. Huq cited a plethora of authorities, stemming from the sup......t dogma is bound to plunge a decision to nihility. Mr. Huq further submitted that while conducting charge hearing, the Court concerned is bound to explain and examine all the facts as revealed by the documents before it and that it can frame charge only on being satisfied that the documents before i..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
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