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General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

....he 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 the writ petitioners moved a application for staying t...... 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 ..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....ounced on 08.03.2008 for insufficiency 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 t......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. ..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....the Court of the District Judge and the Court of the Additional District Judge. 14. Sections 18, 20 and 21 of the Act read as hereunder: "18. Save as otherwise provided by any enactment for the time being inforce, the jurisdiction of a District Judge or Joint District Judge extends, subject to......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..

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. ......result, rather the materials on record proved that the recruitment process was tainted by nepotism, corruption, and political influence. The recommendation of the PSC in respect of selection and appointment of the writ petitioners to different posts is not itself a final decision. The Governmen..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....d facts. 2. In Writ Petition No. 5863 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...... 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

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....rhat that the defendant No.1 obtained an ex-parte decree against him. On hearing the same, the plaintiff rushed to Khulna and applied for inspection through an advocate and on 22-7-2001 for the first time came to know about the said ex-parte judgment and decree. The plaintiff has already applied for......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

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....ng bone cut injury and accused Abdul Hossain again dealt a dao blow upon right thing of deceased Abul Hashem. Accused Mohsin again dealt a dao blow under left knee of deceased Abul Hashem. In the meantime, witnesses Lutfa Begum and Illias Bhuiyan made an alarm then other witnesses proceeded to rescu......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 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)

....g revealed that garments manufactured by the above 4,02,919 yards of 100% polyester fabrics were exported by the respondent only by two containers, the Customs House Chittagong procured from Transmaritime Logistics, the concerned shipping agent, the papers relating to the import of the above fabrics...... 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. ..

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)

....le to mention the required dag numbers and Khatian numbers in the bainapatra and made commitment to furnish a fresh bainapatra in writing with dag numbers and Khatian numbers later on at a convenient time. The defendant No.1 also informed plaintiff No.1 that as his daughter resides in Canada, sons a......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

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....at amount from December, 2007 to June, 2008. The petitioner upon receipt of the said letter dated 8-9-2008 submitted an application on 15-9-2008 requesting respondent No.1 for grant­ing one month time for taking appropriate steps regarding VAT matter. Thereafter, respon­dent No.1 by his orde...... 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. ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... Criminal Procedure hanging upon them and as such the petition­ers have no locus standi to file the instant writ petition. This view is the age-old judicial norm and convention in our Court from the time immemorial and this view finds support in the decision in the case of Chand Shah Vs. Crown repo......opy of this judgment be trans­mitted 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. ..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....-petitioner received the same on 30-6-2008 and according to the provision of section 138 of the Negotiable Instrument Act the complainant is file the case on 22-7-2008. Therefore, the instant case is time barred and there is no legal case of action and continuation of the proceeding is an abuse of t......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

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ers against the miscellaneous case and other materials on record including the impugned order and then submits that there is nothing on record to show that the plaintiff-petitioners at any point of time given consent to allow the miscellaneous case but the learned Joint District Judge at his own ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....uit land, after the death of the aforesaid record tenants devolved upon Pach Kori Das. Pach Kori Das while possessing the aforesaid land after taking permission from the relevant authority as at that time law provides for such permission sold 36 decimals of land to plaintiff's predecessor by reg......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....nt served a notice to the petitioner by his advocate on 13.08.2006. The said notice was returned undelivered to the complainant on 22.08.2006. The petitioner requested the complainant to wait for sometimes. Because of request of the petitioner, the complainant waited some days and again presented th...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ent rule is not maintainable inasmuch as the rule was issued for quashing the proceeding against the petitioner at the premature stage. She could agitate this matter before the concerned Court at the time of framing of charge but instead of doing so the present petitioner came forward to quash the p...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....t the offence is qualified as the offence committed by a police officer on account of any act done in pursuance of any duty imposed or authority conferred on him, by this Act or any other law for the time being in force or any rule, order of direction lawfully made or given there under." 1......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....he deceased was assaulted by the accused petitioners and the informant and other witnesses brought him to the Hospital where he was declared dead and there are eye witnesses in this case, On the same time police investigated in the case and found truth in the F.I.R. story and submitted charge sheet.......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

....ant Judge, there is no necessity for further determination of the ques­tion of service of summons." 6. The learned Counsel lastly submits that as the Government pleader appeared in suit in time so service of summons upon defen­dants were rightly exhausted in view of the Rule 281 of Civil....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

.... question left for consideration by this Division is whether in the facts and circumstances of the case in hand the Tribunal was justified in holding that the appeal was disposed of well within the time prescribed under section 42(4) of the Act on counting of limitation from the date of acceptanc......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8