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Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
........................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result: The Rule is made absolute. Case Referred to- Punjtih Ali's case, 29 DLR (SC) 185. Lawyers Involved: ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......essions, since amendment dated 09.02.2006. But, we find this as a misconceived submission. No doubt, section 141(c) of the Negotiable Instruments Act, as amended on 09-2-2006, has made provisions for trial of a case under section 138(1) of the Negotiable Instruments Act exclusively by the Court of S......n) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
.... dated 25.07.2005 passed by the learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal, in the Nari-O-Shishu Case No.324 of 2003 convicting the accused-appellant Nos.1 and 2 with two other accused persons under section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively and s.......W.1) Md. Afsar Ali, with the Police Station Gurudaspur, District-Natore, alleging, amongst others, that on 27.07.2001, at about 10.00 a.m. the accused Rehana Begum, wife of the accused Jamal Mollah, called away his daughter Most. Asma Khatun (17) on the excuse of sewing a katha (a homemade blanket ......ound a prima facie case against the accuseds and accordingly he has submitted charge sheet No.13 dated 28.10.2001 against the accuseds under section 9(1)/30 of the Ain. 4. The case being ready for trial, the same was sent to the Court of learned Nari-O-Shishu Nirjatan Daman Tribunal (the tribunal......so Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific in...... In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand.............(17) Case Referred to- 7 MLR 13. Lawyer......barred by limitation and the allegation for causing loss amounting to Tk.4,41,648.02 is not only unspecific also without any legal basis and as such the suit is liable to be dismissed. 5. At the trial both the parties led evidence to prove their respective cases. The learned Joint District Judg......dgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his d..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
.... 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/......Khaddo Shilpa
Corporation Karmachari Chakri Probidhamala, 1989 promulgated by the Board of
Directors of Bangladesh Sugarcane and Food Industries Corporation under Article
25 of the Bangladesh Industrial Enterprises (Nationalization) Ordinance, 1972.
Hence, protection under Article 135 of the Con......:
Zubayer Rahman Chowdhury J
Farah Mahbub J
S.M.
Saiful Hasan……………….....................Petitioner
Vs.
Director
General, Bangladesh Sugarcane Research Institute and others…......Respondents
Judgment
July
18, 2010.
Result:
The Rule is disc..
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. ......J Md. Fazlur Rahman J Mohi Ahmed Chowdhury……………………………Appellant Vs. Kashipur Tea Estate Company Limited and others…………………………Respondent..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
.... Case is also Reported in: 18 BLT (HCD) (2010) 308. ......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. ......law. The petitioner of The Miscellaneous case filed an application under Order 6 Rule 17 of the Code of Civil Procedure. Both the applications were heard together and after hearing the parties the trial Court rejected the application under Order 9 Rule 13 of the Code of Civil Procedure holding t...... in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ncy of fund. Further case of the complainant is that he has served a notice upon the accused, but the accused did not pay the amount due under the cheque within the time specified in the said notice, so he has filed this petition of complaint under section 138 of the Negotiable Instrument Act, 1881 ......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. ......ered before the court of Magistrate and he was enlarged on bail. 4. It further appears from the statements made in the petition filed under section 561A that, thereafter the case being ready for trial, the same was sent for trial to the Court of learned Sessions Judge, Sylhet, wherein it has be......tioner Vs. The State.................................................Opposite party Judgment July 13, 2010. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) (2008) 195; Shamsul Alam Vs. State, 60 DLR (2008) 677. Lawyers Involve..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
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......rict Court means the only District Judge, so the Joint District Judge has no jurisdiction to execute the said decree and as such the case record is required to be returned, which were rejected by the trial Court and affirmed in revision by the impugned order. No one appears to support the Rule. 4......cate - 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 21-09-2005 passed by learned Additional District Judge..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....avour of the plaintiff; (e) to pass a decree for any other relief or relieves that the plaintiff is entitled to in law and in equity. 4. In suit, plaintiff by an application dated 22-1-2009 sought for temporary injunction under Order 39 Rules 1 & 2 and Section 151 of the Code of Civil ...... 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. ......nd marketing of their respective product fairness cream with trade mark "Fair & Lovely" and "Fair & Care" specifically described in the schedule of plaint of the suit. The trial Court is directed to dispose of the suit within three months from the date of receipt of this ......ent. FMA No. 328 of 2009 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Additional District Judge..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
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. ......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others...................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...... of these are offences under Bangladesh law. It should be pointed out that a man is liable to punishment for committing adultery, but the woman involved cannot be prosecuted as an abettor.
34. The trial of any offence and imposition of penalties may only be done by established Courts and tribunal......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)
....intiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in favour of any other person. On 15-7-2001, the plaintiff came to know from an employee of the defendant No.1 at Kapilmunirha......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. ......upon the petitioner filed an application under section 151 of the Code of Civil Procedure for setting-aside the judgment and decree on the ground of 'fraud'. The same was rejected by the trial court on the ground of maintainability which was also affirmed by this division, against ......Islam Siddiqui J Borhanuddin J Dhirendra Nath Mondal..................Appellant Vs. Agrani Bank Ltd and others.............Respondents Judgment Jun..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ses to be negotiable, but it does not cease to be a negotiable instrument. In other words, an account payee cheque retains its Character, as negotiable instrument and filing of petition of complaint, so far as an account payee cheuqe is concerned, is not barred by Negotiable Instrument Act, 1881…â......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ct, 1881, (the N.I. act) against the accused by the Magistrate. The accused petitioner thereafter appeared before the Magistrate and he was enlarged on bail. 3. Thereafter the case being ready for trial, the same was sent to the learned Metropolitan Sessions Judge, Chittagong, for trial and the c......2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
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......ponsible for the death of Abul Hashem and he was murdered by the rival smugglers out of enmity at any where and they were falsely implicated in this case at the instance of their enemies. 8. The trial court after consideration of the evidence on record found the accused-persons guilty of the ch......sp;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. ......) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ing at law in order to be enforceable. Relief granted under section 22 of Specific Relief Act is a discretionary relief but such discretion is to be applied judicially. JudiÂcial discretion means sound discretion guided by law i.e. it must not be arbitrary, vague or fanciful, but legal and regu......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 . ......at material facts must be stated by the parties either in offence or in defense. If a party omits to state a material fact in his pleading, he will not be allowed to lead evidence of that fact at the trial unless the pleading is lawfully amended. Even if, evidence is given on such fact, such evidenc...... (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
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...... 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. ...... Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ..................Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
....itioner
Vs.
Alhaj Abdur Rob Bhuiyan and
others………………………………………..Defendant-opposite parties
Judgment
May 9, 2010.
Result:
The Rule is made absolute.
The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of part......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. ......
application under section 115(1) of the Code of Civil Procedure and obtained
the present Rule.
6. Mr. Joyanta Kumar Biswas, the
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.......
Sheikh Abdul Awal J
M. Moazzam Husain J
Most. Johura Begum alias Mosammat
Johara Begum……………………………….Plaintiff-petitioner
Vs.
Alhaj Abdur Rob Bhuiyan and
others………………………………………..Defendant-opposite parties
Judgment
..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....udgment 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 the process of justice before he can claim the right of audience pro......opy of this judgment be transÂmitted 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. ....... Mr. Khorshed Alam Khan, the learned counsel for the respondent No.3, the Anti-Corruption Commission, however, submits that the petiÂtioner in the instant writ petition did not surrender before the trial Court and he is a fugitive from justice. The learned Advocate submits that the Rule is not mai......0) 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)
....urt of learned Additional Metropolitan Sessions Judge, 4th Court, Dhaka should not be quashed. 2. Pending disposal of the Rule, all further proceedings of the said Metropolitan Sessions Case was also stayed by this Court. 3. Background facts necessary for disposal of the Rule in a nutshell is ......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.......ndered before the learned Chief Metropolitan Magistrate, Dhaka and obtained bail therefore. That the case was subsequently transÂferred to the Court of learned Metropolitan Sessions Judge, Dhaka for trial and the case was renumbered as Sessions Case No.1901 of 2009 and thereafter the case was furth...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: ..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
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