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British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....eaf) of the Company and Mr. Golam Farook Khan who was the leaf Co-ordination and Export Manager at the time of filing the suit. The unwelcome attention included touching of her body, pulling of the hands by these two persons, unnecessarily patting her on the head, and suddenly embracing her fr......he unwelcome attention included touching of her body, pulling of the hands by these two persons, unnecessarily patting her on the head, and suddenly embracing her from behind. Besides, the other overtures of Mr. Golam Farook Khan were particularly disturbing as he was more explicit, even to th......6, 7, 10, 21 and 22 the plaintiff-respondent has stated about the sexual harassment and bullying caused to her by the employees of the defendant-petitioner and about her attempt by approaching the management of the defendant-petitioner to get rid of such harassment and bullying but instead, sh..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....y and propriety of the said impugned opinion of Bangladesh Bank (Annexure-A to the petition) the petitioner has preferred the instant writ petition and obtained the present Rule. 4. On the other hand, respondent No.1 the Bangladesh Bank has filed affidavit-in-opposition denying all the material....... The above provisions of law clearly stand against the petitioner to revive his qualification of Director which has been seized by operation of law for non-compliance of the notice (Annexure-C). Moreover he has also failed to be so qualified since only part of the outstanding loan has been paid ins......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....a bleeding condition (from her female organ) and that her pant was soaked with blood. The victim was taken to home and on the following day she was taken to hospital. She knows the convict from beforehand. During cross examination by the defence, she stated that six children were playing together. A......re list and his signature thereon marked as Exhibit-7 and 7/1, respectively. He has also proved the seized almost marked as material Exhibit No.1. He stated that because of his transfer he has handed over the case docket to the next IO. During cross examination this P.W. stated that he did not found......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....w concept in Bangladesh. 6. In this regard it may be noted that the main function and operation of a mobile company is to establish networking for telecommunication services for by use of mobile handsets fitted with activated and operational SIM. Accordingly under a separate agreement between t......Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: The Rule is discharged. Case Referred to- Messers Chemico Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 193; Bengal Glass Works Ltd. Vs. The Member (VAT) NBR, 9 MLR 27......er companies, viz Ring Distribution (Pvt.) Ltd. (hereinafter referred to as Ring Distribution) and Oraslnvest Bangladesh Ltd. (hereinafter referred to as 'Oraslnvest') to provide supply chain management and packaging services. The said companies received the raw SIM/scratch cards from the C&..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....নকে মারপিট করিয়া হত্যা করার ঘটনা প্রমাণে সক্ষম হইয়াছে”। 4. The High Court Division, on the other hand, observed that there is no eye witness of the occurrence, that none saw the accused-respondent ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....to have been closed but without doing so the respondent proceeded with enquiry which is without jurisdiction and, as such, illegal. 14. Mr. Mohammad Habibullah, the learned Counsel, on the other hand, submitted that Rule 7(5) clearly states that even on the selfsame allegation inquiry can be he......quiry was found to be baseless and the Anti-Corruption Bureau by it’s Memo No.1/DAR/90-Natore/695 dated 10-01-1994 rejected the complaint. 4. During the period of Non-party caretaker government in 2007 (after 1/11 of 2007) the petitioner had been a subject of harassment and humiliati......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. ..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....c diseases like TB, Bronchitis etc. and that about 30 workers died in the last five years suffering from TB and Bronchitis among whom seven were children. 3. In Bangladesh a ‘bidi’ refers to a hand-rolled ‘cigarette’, i.e. tobacco rolled in paper, usually in an almost conical shape. In th...... if not more, hazardous, including in the leather industry, the hand looms, the fishing and fish processing industry, the metal manufacturing industry etc. He also points out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for ......Chief Inspector of Factories entered appearance by filing affidavit-in-opposition. In his affidavit-in-opposition dated 20.07.2010 he has admitted that upon inspection of the ‘bidi’ factories the management of the factory was advised to rectify and implement the provisions of labour laws and als..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....Artha Rin Adalat Ain, 2003 and, as such, the Adalat acted without jurisdiction in allowing the same. 7. Ms. Hosne Ara Begum, the learned advocate appearing for the Sonali Bank, on the other hand, submits that no summons of the suit having been issued or served upon the Sonali Bank, this sh......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....nce on record, law and materials on record. ...................(20) Cases Referred to- Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, 34 DLR (AD) 61; Santosh Kumar Dey Vs. Hiron Chandra, 15 BLD 221; Nur Mohammad Khan and others Vs. Government of the People's Republic of Banglad...............(20) Cases Referred to- Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, 34 DLR (AD) 61; Santosh Kumar Dey Vs. Hiron Chandra, 15 BLD 221; Nur Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR 434; Rupe Jahan Begum and othe......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....mple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such the impugned judgments of 2 (two) Courts below are liable to be set-aside. 9. On the other hand, Mr. Jamal Uddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party support......mjee Jute Mills Corporation caused financial loss in purchasing raw jute to the plaintiff and any suit, if at all, which could have been instituted against the defendant was a suit in tort for the recovery of damages. He next submits that both the Courts below misdirected themselves in failing to ap...... Tk.4,41,648.02 on the averments that the plaintiff is a limited company under the Companies Act, 1913 which was subsequently nationalized under the President's Order No.27 of 1972 and placed for its management, supervision and control under the Bangladesh Jute Mills Corporation, a statutory body cr..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....r on 6.7.2002 as
additional responsibility. Subsequently, a regular appointee having been appointed
on 27.4.04 the petitioner was released from the said post, but with malafide intention he did not hand over the
charge. That the said issue was also discussed in different meetings of the Managemen....... the Bangladesh Sugarcane
Research Institute under Bangladesh Sugarcane Mills Corporation (now,
Bangladesh Sugar and Food Industries Corporation), the terms and conditions of
his service will be governed by the “Bangladesh Chini-O-Khaddo Shilpa
Corporation Karmachari Chakri Probidhamala, 1989......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)
.... decree drawn up it is not within the ambit of this Court of readmit the appeal on an application under Order XLI Rule 19 of the Code of Civil Procedure as it reached its finality. In the case in our hand it appears that decree has already been drawn long before. Section 2(2) of the Code define decr......39; means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the re......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
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....contended that since in this case no order for Civil imprisonment of the Judgment-debtors was passed the impugned orders issuing warrant of arrest against them have been illegal. 7. On the other hand, the learned Advocate for the respondent bank has mainly argued that this writ petition is not ......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. ......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. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
....
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......n Dolon……………………….Petitioner (In Writ Petition No. 754 of 2010).
Mahbub Shafique and others………………………..Petitioners (In Writ Petition No. 4275 of 2010).
Vs.
Government of Bangladesh and Others………………………..Respondents.
Judgment
July 8, 2...... 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
....ny consideration then the question relating to imposition of VAT will not arise. Moreover, the private practice of doctors having MBBS/BDS or similar medical degree is exempted from VAT; on the other hand, the private practice of the specialized doctors has been made Vatable if and when they charge ......imposed upon the writ-petitioners and they were bound to pay that VAT. Section 3 of the Value Added Tax Act, 1991 provided the provisions to collect VAT except services mentioned in 2nd schedule. Moreover, in sub-section 3(c) it was mentioned that VAT shall be paid by the provider /renderer in the c...... 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)
....ther statutes the learned Advocate referred to the case of Yakub Ali Vs. Arabjan Bibi, reported in 5 DLR1; the case of Fazlur Rahman Vs. Abdul Jabbar Jamader, reported in 7 DLR 49; the case of Sarat Chandra Majumder Vs. SM Ham Sundari De, reported in 10 DLR 289; the case of Syed Tarab-uddin Vs. Kali......an amount but they did not pay heed to it. Then the defendant No.1 issued legal notice but no response. In this circumstances, this defendant being plaintiff instituted Title Suit No.35 of 1996 to recover the loan amount. Though notice was served upon the defendants but the present plaintiff and his......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)
....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 contract is specifically enforceable when it is a concluded contract,......that the suit land has been described as 'his property as Shilmondi on Dhaka-Sylhet road' is entirely vague, unspecified, imaginary but from the plaint it appears that 5 schedule of lands have given covering huge lands of several plots which have not been the lands of bainapatra as these lands have ......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
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....while they were in khas possession with title gave pattan of the suit land to the plaintiff on 5th Jaistha, 1342 B.S. The ex-rent receiver granted an amalnama to the plaintiff and on taking rent handed over delivery of possession to the plaintiff of the suit land. The plaintiff has been in poss......am Hossain Chowdhury, Deputy Attorney General - For the Appellant. First Appeal No.117 of 1990. Judgment Md. Rais Uddin J.- This First Appeal has been presented by the defendant Government appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint Dis......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. ..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
.... 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. Abdul
Quadir Talukder, the learned Advocate appearing for the defendant-opposite
par......ssary. I am also of the opinion
that, in the facts and circumstances of the case, the opposite party No.1 is a
necessary party to be impleaded in the suit."
10. The present case is fully covered
by the above quoted decision. In exceptional facts and circumstance the
presence of a stran......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
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....urrendered before the said Court on 5-5-2009 and obtained bail. That the accused-petitioner filed an application under section 265C of the Code of Criminal Procedure to discharge him from the case in hand on 5-5-2009 and another application under the same section for discharging him from the instant......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.......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
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