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Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos.2 & 3. None Represented—For the Respondent No.1. Civil Appeal No.271 of 2002. (From the judgment and order dated 20.08.2000 passed by the High Court Division in Civil Revision No.2948 of 1999). Judgment......s they did not act according to their promise and did neither pay any rent nor enter into any agreement and thus became defaulter; that the plaintiffs after duly terminating the tenancy by service of notice under section 106 of the Transfer of Property Act, 1882 filed the suit for a decree for eject...... The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar against the respondents as defendants for a decree for ejectment. Subsequently, the case was transferred to the Court of Subordinate ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
....ee other officials, was issued on an application under section 5 of the Limitation Act, 1908 for condonation of delay of 365 days in filing the revisional application against the judgment and decree dated 8.1.2006 passed by the Joint District Judge, First Court Rangpur in Other Appeal No.31 of 2005......t Rangpur in Other Appeal No.31 of 2005 allowing the appeal and reversing those dated 13.4.2005 passed by the Senior Assistant Judge, Pirgachha, Rangpur in Other Class Suit No. 29 of 2002. 2. The notice of the present Civil Rule has been duly served upon the opposite party, but no one appears to......irbahi Officer, Pirgachha, Rangpur and others ... Petitioners Vs. Md. Dulal Miah……………………...Opposite party Judgment December 8, 2010. Lawyers Involved: No one appears for either of the parties. Civil Rule No. 41 (Con) of 2008 Judgment Md. Ruhul Quddus J.- T..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....) of the Muslim Marriages and Divorces (Registration) Rules, 1975 issued by the Senior Assistant Secretary Ministry of Law, Justice and Parliamentary Affairs being Memo No.96-Bichar-7/2N-12/2002 dated 27 January, 2004. In pursuant to the said approval respondent No.2, the District Registrar, Dh......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......sult: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as Nikah Registrar on temporary basis under rule 5(1), shall, subject to th..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
...., Dhaka. Subsequently, she filed the present Miscellaneous Case under section 561A of the Code of Criminal Procedure and secured pre-arrest bail on 27-8-2008. Pursuant to the order of pre-arrest bail dated 27-8-2008 passed in the instant Miscellaneous Case, she surrendered before the 3rd Court of th......ioner is the wife of one Engineer Afsaruddin Ahmad, an ex-Member of Parliament, Bangladesh. She is a Director of Bastu Shilpi Group of Companies, a conglomerate of 6(six) companies. However, a tender notice was published in the Daily Ittefaq on 23-6-2004 for sale of numerous RAJUK properties. In res......cated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it transp..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....M.A. Samad with M.G.H. Ruhullah, Advocate-For Respondent No.4. Writ Petition No.6819 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayangonj summaril......etition. However, respondent No.2 denied the material facts of the writ petition in an evasive manner. 6. Respondent No. 4 filed his affidavit–in-opposition stating, inter alia, that the auction notices were published in two dailies namely “The Daily Amar Desh” and “The Daily Shitalakkha......ibed in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable s..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent Nos.5-7 (as added respondent). Ex-prate-For Respondent No.3. Civil Appeal No.200 of 2004. (From the judgment and order dated 17.2.2004 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgment S......iate legal assistance. After conducting necessary field investigation, scrutinizing relevant papers and analysing laws, the writ petitioner, being satisfied with the truth of the allegations issued a notice demanding justice on 23 October, 1996, on the writ respondents requesting them to cancel, aba......ly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been initiated for the benefit of the poor or any number of people who have been suffering the common injury but th..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....itioner Redwan Ahmed, this Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metro Bishesh Case No.133 of 2007 arising out of Ramna Police Station Case No.40 dated 15-2-2007 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly c......dice as it was accorded by the NBR in its meeting presided over by its Chairman who was not a member of theBoard and further, that the sanction is also bad in law as it was given without giving prior notice to the respondent has also no substance." 19. Therefore, the submission of Mr. Mahm......7 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly committed on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful author..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....e Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of jails” was brought to the notice of this Court and a Suo Muto Rule was issued on that date directing the Secretary, Ministry of Home Affairs and the Inspector General of Prisons to repor......010. Judgment Md. Imman Ali J. - A report in the Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of jails” was brought to the notice of this Court and a Suo Muto Rule was issued on that date directing the Secretary, Ministry o......dren aged up to 18 years who were held in custody within the different prisons of this country during August 2010. A further Memo No. পিডি/পরি- 25/2010/2567(2) dated 03.10.2010 has been forwarded to this Court giving details of a total of 121 children up to the age of 18 years held in ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....ruddin Sircar, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal Nos.2410 of 2009. (From the judgment and order dated 19-8-2008 passed by the High Com Division in Civil Revision No.3544 of 2005) Judgment ...... against the defendant-petitioner-company for the tort committed by its employees at her work place by harassing her sexually and also for bullying her and though she had brought the matter to the notice of the Manager of the Company, yet no step was taken by him to stop such harassment and bull...... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No. BRPD(R-2)651/9(3) Kha/2009 dated 24-3-2009 under the signature of respondent No.3 (Annexure-A to the writ petition) shall not b......l facts stated in the application alleging, inter alia, that whenever any loanee. the Director of the Bank Company, is found to have failed to pay the installment of loan and will become defaulter, a notice is to be served under section 17(1) of the Bank Company Act, 1991 whereupon the loanee-Direct...... 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner. Md. Khurshid Alam Khan for Nahid Mahtab, Advocate - For the Respondent No 1. Writ Petition No.5524 of 2009. Judgm..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....tion 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. Ayub Ali Sheikh @ Buna, challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in the Na...... After close of the prosecution witness, the Tribunal examined the accused under section 342 of the Code of Criminal Procedure (the Code), when all the incriminating circumstances were brought to his notice. However, when enquired by the Court as to whether the accused would plead guilty, the accuse......nal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) mont..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
.... Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Division in Election Petition No.4 of 2009) Judgment ......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ....... Qamrul Islam Siddique, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Di..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... Md. Ashfaqul Islam J. - At the instance of the petitioner Orascom Telecom Bangladesh Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No.37/Mushok/10 dated 18.4.2010 issued vide Memo No.4-Mushok/8 (568) Sheba Telecom/Atok/Bichar/2007/3364(5) dated 19......ibers. 3. The respondent No.3 Commissioner, Customs, Excise and VAT, Dhaka (North) vide their Memo No. 4/Mushok/8 (568) Sheba Telecom/Atok/Bichar/2007/614 (2) dated 05.8.2007 issued a show cause notice upon the petitioner and the service provider company, Ring Distribution, alleging, inter alia......D) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ule Nisi was issued calling upon the respondent No.2 to show cause as to why the Impugned Notice passed by the Respondent No.3 vide Memo No. দুদক/সজেকা/ঢাকা-২/১০৯৭ dated 30-9-2009 directingthe petitioner to submit statements against, the complaint made against him......harassment and humiliation on several occasions and the personnel created undue pressure upon the petitioner and threatened him with dire consequence. 5. All on a sudden respondent No.1 issued a notice upon the petitioner vide Memo No. দুদক/সমজেকা/ঢাকশ ১/২৪৮ ......dreds of crore of Taka in the office of Respondent No.3 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Briefly the facts necessary for disposal of the Rule are that the petitioner is a business man and a regular tax payer of the co..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....d workers are carrying on work within the ‘bidi’ factories of Haragacha in Rangpur under inhuman conditions. The children are between the ages of 8-16 years. An editorial in the Daily Protham Alo dated 04.10.2003 also speaks of 10,000 children working in the ‘bidi’ factories in Haragacha who......dequate and the enforcement machinery is not capable of doing the work of inspection properly and adequately. By a further affidavit-in-opposition dated 02.08.2010, respondent No.2 has brought to our notice the formation of the National Council for Industrial Health and Safety (জাতীয় শ......ra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the prov..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... cousin, Jahirul Islam went to Motijheel Police Station to lodge an information about her disappearance, but the police, instead of filing a regular case lodged a General Diary being GD Entry No.1482 dated 17-11-2009. Thereafter, on 6-2-2010 the girl's mother went to the Motijheel Police Station for......hu 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 offence is brought to the notice of the Officer-in-charge of a Police Station then the officer is duty bound to record the inf......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 offence is ..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)
....ent No.3. Writ Petition No. 7916 of 2008. Judgment Sheikh Hassan Arif J.— This rule was issued calling upon the respondents to show cause as to why the impugned Order dated 17-4-2008 passed in Miscellaneous Case No. 390 of 2008 (arising out of Artha Rin Case No. 293 ......ctions of the said Ain has to be strictly construed and complied with. He submits that Sonali Bank in its writ petition No. 3434 of 2007, in paragraph No. 6, categorically stated that it had received notice of petitioners' writ petition No. 5510 of 2004 on 19.-2-.2005, which means that Sonali Ba......nd 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 rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3) filed A..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
.... behalf of Bagdad Exim Corporation Ltd., as its Managing Director, each cheque for Tk. 240,28,588.00. These two cheques were deposited on 26-2-2008, but both these cheques were dishonored on the same date i.e. on 26-2-2008, due to insufficiency of fund; that demand notice was served on 02-3-2008 at ...... each cheque for Tk. 240,28,588.00. These two cheques were deposited on 26-2-2008, but both these cheques were dishonored on the same date i.e. on 26-2-2008, due to insufficiency of fund; that demand notice was served on 02-3-2008 at the business address of the accused by the lawyer of the bank, a......ntry and that the Agrabad Branch is one of them; that the accused is the managing director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the application of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the company of the ac..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sharraf Hossain Sarder, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent. Criminal Appeal No. 3870 of 2005. (From the Judgment and order dated 25.7.2005 passed by the judge, Nari-O-Shishu Nirjatan Daman tribunal, Natore in Nari-O-Shishu ......preaded amongst the people of locality, so his daughter committed suicide out of humiliation, on 28.07.2001 at about 4.00 p.m. by drinking insecticide (poison) that was kept in his home, escaping the notice of the inmates. He has further stated in the F.I.R. that “আসামীগণ কর্......used-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 sentencing them to suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
....h 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-129/2004/3870 issued by the Director General, Bangladesh
Suga......he 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 employee of any statutory body
The doctrine of ......s 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 employee of any statutory body
The doctrine of audi
alt..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
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