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Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that a notice under section 26(1) under Memo No.দুদক/৭০-২০০৭(অনুঃ-২০/৬৯৪ dated 18-2-20078 was issued upon Ahmed Akbar Sobhan (Shah Alam) as principal accused directing him t...... should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that a notice under section 26(1) under Memo No.দুদক/৭০-২০০৭(অনুঃ-২০/৬৯...... Result: The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petiti..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)
....ts through loans and continuing their business regularly without any default for a long time. 4. It is further stated that the Respondent No.4 Assistant Director Bangladesh Bank vide letter dated 19.08.1998 being Memo No.ELF/FEX/98/2505 sought advice regarding the latest position of the p......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 present wr......petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....ida M Karnal, Advocate—For the Respondents. First Appeal No.164 of 2004. Judgment Sharif Uddin Chaklader J. - This appeal by the defendant is directed against judgment and decree dated 17-3-2004 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No......the plaintiff. Defendant No.1 to 3 entered into physical possession of the schedule property and they are continuing as such till the present moment. Plaintiff through his learned lawyer issued legal notice dated 19-12-1994 addressed to the defendant No.1, requesting him to make payment of the afore......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Code of Criminal Procedure (CrPC), in Special Case No.1 of 2003, which arose out of Tejgaon Police Station Case No.35, dated 11.12.2001, corresponding to B. A.C.C. General Registered Case No.108/01, under Section 409 of......ly, the Petitioner in the instant case, was not in abscontion, her presence was dispensed with. She was unwell, she could not make herself available for a very cogent reason, which was brought to the notice of the Court below, and the Court below also accepted it when it dispensed with her presence ......ed in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....affidavit filed on behalf of the IGP. We received response to our direction upon the Senior Judicial Magistrate (SJM), Kishoregonj under his memo No.সিজুম্যা-১/কিশোর-৮৪dated 03.02.2010 through the Chief Judicial Magistrate, Kishoreganj, forwarded under memo No.সি...... Children Act, which leads directly or indirectly to the identification of such child, nor shall any picture of such child be published. Though it is appreciated that the newspaper has brought to the notice of the public at large the illegality which have been committed by the law enforcing agencies......and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code,..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....on No.428 of 2007. Judgment Shahidul Islam J.- By filing this 2nd revision under section 115(4) of the Code of Civil Procedure the legality and propriety of the judgment and order dated 10.9.2006 passed by the learned Additional District Judge, 2nd Court, Naogaon in Civil Revisi......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....f 2004. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the informant, Ayrin Akhter Lypi, was issued calling upon the opposite parties to show cause as to why the impugned order dated 13.11.2003 passed by the Judge of the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal in Nari-O......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......y 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and th..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....2 of 2007. Judgment Faruque Ahmed J. - This rule at the instance of the pre-emptee petitioner was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 04.04.2007 passed by the learned Joint District Judge, 2nd Court, Chittagong in Miscellaneous ......to opposite parties Nos. 13 to 15; that the seller Fakir Ahmed had no other land in the khatian after the sale in question and as such he was not made a party to the case; that the seller without any notice to the preemptor sold out the land in question to the pre-emptee-opposite party-petitioner an...... pre-emptor opposite party No.1 filed Preemption Miscellaneous Case No.5 of 2002 in the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 be..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....gment
Faruque Ahmed J.- This
rule at the instance of the defendant petitioners was issued calling upon the
opposite parties No.1 and 2 to show cause as to why the impugned judgment and
decree dated 22.09.2005 passed by the learned Additional District Judge, 1st
Court, Dhaka in Title Appeal ......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......dul Jabbar being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and poss..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) Judgment......d outstanding VAT of Organon for the years 2001-2006 on the basis of CRAD audit objections to return of Tk.2, 75, 42,815-2- The amount was demanded by direct demands without issuing any show cause notice under section 55 of the VAT Act. The demand was rejected by Nuvista for each year. 4. I......by Md. Wahidullah, Advocate-on-Record—For the Petitioner. Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by t..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
.... No.6036 of 2009. Judgment Md. Imman Ali J.- This appeal arises out of an application filed by the father of Kanamika @ Kona Shaha for her custody, which was rejected by the impugned order dated 6.07.2009 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxmipur i......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......) (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....r Md. Saiful Islam and 3 others calling upon the opposite parties to show cause 5 as to why the impugned proceeding of 2 Nari-O-Shishu Case No.306 of 2002; arising out of Belkuchi P.S. Case No.14 5 dated 31.01.2002 corresponding to G.R. Case No.60 of 2002 under sections 11(Ka)(Kha)/30 of the Nar...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......ed-C petitioners contending inter alia, that his daughter Minara Parvin was given in marriage with the accused Saiful Islam. After the said marriage accused-petitioner demanded Tk.50,000/- as dowry for getting a job in police department and the complainant made payment of Tk.50,000/- in cash to t..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ith 314 of 2008. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Memo No.পৌর-১/এম-৪/২০০১/৯৮৬ dated 4-10-2007 (Annexures B, C, D), issued under the signature of the respondent No. 2 to 4 directi...... he be given a reasonable opportunity to be heard prior passing such order. The principles of audi alteram partem is the basic concept of the Principles of Natural Justice. Further a prior show cause notice must not be a simple paragraph or an idle ceremony but must afford the notice receiver adequa......dgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be giv..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
..... At the same time Dhaka City Corporation is directed to
remove all the materials for construction of the road including Pillars, if
any, available in the grave-yard within 3(three) months from the date of
receipt of this judgment and also to construct a boundary wall which has been
demolished b......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
......ed in:
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....……….(15) Section 141 of the Act provides the procedure for taking cognizance of the offence punishable under section 138 of the Act which is limited for a period of one month from the date on which the cause of action for prosecution arises under section 138 (1)(c) of the Act……......te. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by ......ions 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheq..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....32 of 2003. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioners, this Rule Nisi was issued calling upon the respondent to show cause as to why the impinged 8 (eight) notices dated 1-2-2003 issued under the signature of respondent No. 3 for rehearing of Settlement Appea......n No. 2232 of 2003. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioners, this Rule Nisi was issued calling upon the respondent to show cause as to why the impinged 8 (eight) notices dated 1-2-2003 issued under the signature of respondent No. 3 for rehearing of Settleme......nd Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 289. Lawyers Involved: Md. Khalilur Rahman, Advocate—For the Petitioners. SRM Lutfor Rahman Akand, Advocate—For the Respondent No. 4. Writ Petition No. 2232 of 2003. ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....nted-Respondent Nos.1-2, 5-6, 8-11. (In Civil Petition No.1225 of 2009) Civil Petition For Leave To Appeal Nos.1158-1162 and 1172, 1177, 1183 and 1225 of 2009. (From the Judgment and order dated 23.07.2008 passed by the High Court Division in Writ Petition Nos.2094, 2396, 3365, 361, 4240,......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......nd order dated 23.07.2008 passed by the High Court Division in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007). Judgment A B M Khairul Haque J. - These petitions for leave to appeal are in respect of the judgment and order dated 23.07.2008 passed by the High Cou..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
....Delwar Hossain J.- This Rule upon an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 11.4.2007 passed by the learned Joint District Judge, Fifth Court, Dhaka in Miscellaneous Appe...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......ode prescribed the circumstances when a plaint would be liable to be rejected. In the cause title of the application of this case, the provisions of Sections 13 and 28 were found and relief is prayed for under section 27 of House Rent Control Act, 1991 have been invoked. In such circumstance the app..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....ed, representing Aparajeyo-Bangladesh informed the Court that according to his information the parents of the girl lodged an F.I.R., which was recorded as Osmani Nagar Police Station Case No.17 (3)09 dated 27.03.2009 under the Nari-o-Shishu Nirjatan Daman Ain, 2000. The victim was produced before th......irl from her parents and send her to a safe home. We find from subsequent records that the girl was crying to go to her mother and the mother was crying to have her back home. This must be sufficient notice to anyone that the girl is required to be given to the custody of her parent. Moreover, we no......, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....ule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dated 31.1.1976 passed by the learned District
Judge, Faridpur in Misc. Appeal No.138 of 1975 affir......d in
plot No.487 and 488 to the contiguous north of the case land. The pre-emptor
petitioner further stated that the opposite party No.2 sold the land to the
opposite party No.1 collusively and no notice of transfer has been served upon
the pre-emptor petitioner and after obtaining the certified......the petitioner today be treated as part of the main
revisional application.
2. The Rule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dated 31.1..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
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