Search Options
Judgment Advanced Search
Displaying 541-560 of 5586 results.
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
.... be said to be a candidate; that under the present scheme of the law the symbols are registered with the party as opposed to the previous practice of reserved symbols, thus the symbol now is the property of the political party concerned. In that view of the matter the prospective candidate is t...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The lea...... has the right to withdraw his candidature or his agent can do so under Article 16(1). Returning Officer by refusing to allocate a symbol to him and withdrawing his candidature acted most illegally. Respondent No.1further stated in the Election Petition that he submitted an application to ..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)
....bution on 26.4.2007 and found 4,65,906 pieces of SIM cards and 81,88,327 numbers of scratch cards that belonged to the petitioner. They asked for VAT documents to Ring Distribution who failed to show proper documentation and the officials seized the products and filed a Seizure (Atok) Case No. 15/20......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ......) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of no legal effect. 2. The back ground leading to the issuance of the Rule, in short is that the peti..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....the house of the accused-respondent as a result of the injuries, the onus lies upon her husband to explain the circumstance under which his wife succumbed to injuries and that in the absence of proper explanation no person other than her husband, the accused-respondent, is responsible for the ......Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the High Court Division in Death Reference No.125 of 2004 with C......ে”। 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 to assault the victim, that there is no legal evidence against the accused in support of the charge, that the accused-respondent was not pre..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....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. ......t Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abul Kashem (Md.)............Petitioner Vs. Anti-Corruption Commission and others.....................Respondents Judgment October 5, 2010. Result: Th......made against him of being owner of a wealth of hundreds 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 i..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ntentions of the learned Deputy Attorney General. 7. Leave is, therefore, granted to consider whether the High Court Division is justified in acquitting the accused-respondents of the charges on proper sifting the evidence on record, inasmuch as, the learned Sessions Judge on proper appreciatio......airul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State...................................................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is gra......used respondent No.1 at the time of occurrence. It is finally contended that the High Court Division upon a superficial consideration of the evidence on record gave the accused the benefit of doubt illegally. 6. On consideration of the facts and circumstances of the matter, we find merit in the..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....n to the number of factories and shops and other establishments, which they are required to inspect, is totally inadequate 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 ...... ......afe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the provisions of the Factories Act, 1965 and why such activity should not be declared as illegal and unconstitutional, being in violation of the fundamental rights guaranteed under Articles 2..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....fer the Motijheel Police Station Case No.01 dated 1-3-2010 under sections 7/9(1)/30 of the Nari-o-Shishu Nirjtan Daman Ain, 2000 (amended in 2003) from the Motijheel Police authority to CID or DB for proper investigation and/or such other or further order or orders passed as to this Court may seem f...... Hassan J Hasura Begum……………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh and others………………………Respondents Judgment August 24, 2010. Resu...... not transferring the Motijheel Police Station Case No.01 dated 1-3-2010 from the Motijheel Police authority to CID or DB should not be declared to have been done without lawful authority and of no legal effect and why the respondents should not be directed to transfer the Motijheel Police Station..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)
....fact given in connection 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 ......ed in: 65 DLR (HCD) (2013) 205 ......ment 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 rule, are that Uttara Bank Ltd., Gul..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....2002 passed by the learned Assistant Judge, Kaligonj, Satkhira in Title Suit No.6 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as def...... ......at he had, been possessing the suit land by adducing cogent and reliable evidence, both oral and documentary. 19. For the discussion made above I am of that both the Courts below rightly and legally found concurrently that the plaintiff could prove his title to and possession over the suit..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....ments Act, now pending in the Court of Metropolitan Magistrate Amali Adalat No.4, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the Code shortly are t......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......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. ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he other hand, Mr. Jamal Uddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party supports the impugned judgments of two Courts below which were according to him just, correct and proper. The learned Advocate in the course of his argument after placing the deposition of PWs. and ......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...... suit is not maintainable in its present form and manner; that the suit is 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 le..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....hority to bring an end to
an officer’s unblemished record of service tends to give rise to arbitrariness to
the prejudice of the incumbent. Moreover, he submits that with the passage of
time for proper dispensation of justice, the apex court has gone to extend its
hand in providing protection ......:
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......ral purposes and for frustrating earlier judicial proceedings and being
violative of the fundamental rights of the petitioner as well as the principle
of natural justice should not be declared as illegal, without lawful authority
and is of no legal effect.
2. Short facts
necessary for dispo..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....cting the case as not maintainable under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 ...... in: 18 BLT (HCD) (2010) 308. ......urt has committed an error of law in entertaining the application filed by the plaintiffs under order 7 Rule 11 of the Code of Civil Procedure. The appellate Court below also failed to notice this legal aspect of the case in affirming the order passed by the trial Court rejecting the application..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....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. ......tha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them compelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant of arrest against......he learned Advocate has argued that since no such notice under section 30 of the Artha Rin Adalat Ain, 2003 was issued at all in this execution case all the orders passed in this execution case are illegal. The learned Advocate for the writ-petitioner has argued also that the impugned orders issuing..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......J Shah Abu Nayeem J Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. Sultan Ahmed and others.....................................ssued a rule nisi on 10th December, 2002 calling upon the writ respondents to show cause as to why the aforesaid orders should not be declared to have been made without lawful authority and are of no legal effect. No interim order of stay was made at the time of issuance of the rule nisi. Thereafter..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....the Negotiable Instrument Act, 1881, now pending in the Court of Sessions Judge, Sylhet, should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The short facts leading to filing of this application under section 561A of the Code......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...... to the great prejudice of the complainant who is entitled to prove his case on evidence. Similarly, it has been held in the case reported in 60 DLR (2008), 677 that, whether the accused received the legal notice or not is merely a disputed question of fact and the same should be decided in trial. I..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
.... view of the fact this is an old revision and arose out of an order, we are inclined to take it up for disposal on merit considering the materials on record. 5. In revision, it is averred that the proper forum of execution of a foreign Judgment and decree of a reciprocating territory under Sectio......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......aed, Advocate - 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 Distr..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
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. ......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....................... analogously. 7. It is contended on behalf of the petitioners that the High Court Division erred in law in maintaining the impugned Notification in failing to consider that the Government had 10 legal authority to cancel the viva-voce result conducted by the PSC, inasmuch as, the latter is in i..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....such guidelines, directions or orders as appropriate including through Bangladesh Television and Bangladesh Betar and/or such other or further order or orders passed as to this Court may seem fit and proper.
3. This Writ Petition has been filed by petitioner No.1 Bangladesh Legal Aid and Services......Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......3 of 2009 a Rule Nisi was issued on the following terms:
Let a Rule Nisi issue calling upon the respondents to show cause as to why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to prevent the imposition and execution o..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....ন, দন্ত চিকিrসা কেন্দ্র এবং প্যাথলজিক্যাল ল্যাব্রেটরি”. So, in order to ensure the proper treatment of the citizens the writ-petitioner or any interested person can establish a free h......ur Rahman J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
L...... 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
87205839519678058511526570379642863375948532855286328504897451578484495362904224