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British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....bullying by its employees and whether the defenÂdant-petitioner-company could be held responsiÂble for such sexual harassment and bullying caused to the plaintiff-respondent are all questions of facts and can only be decided on the evidence to be adduced by the concerned parties in the trial o......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......3) Rejection of plaint The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII, rule 11 Where the existence of the cause of action is required to be determined by adducing evidence, plaint cannot be rejected under Order VII, rule 11 of the Code of Civil Procedure, 1908â€..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....tioner has preferred the instant writ petition and obtained the present Rule. 4. On the other hand, respondent No.1 the Bangladesh Bank has filed affidavit-in-opposition denying all the material facts stated in the application alleging, inter alia, that whenever any loanee. the Director of the ......l Original Jurisdiction) Present: Md. Anwarul Haque J Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: T......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....n record and have taken the evidences of assessment by ourselves. 13. P.W.1, Farida Khatun is the informant and is mother of the victim. During her examination to chief, she has stated the similar facts as narrated in the FIR. She has proved that FIR which has been marked as Exhibit-I. During cro......Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge......ting circumstances were brought to his notice. However, when enquired by the Court as to whether the accused would plead guilty, the accused replied in the negative. He has also refused to adduce any evidence in support of his defence. 8. The learned Tribunal after hearing the parÂties represent..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)
....nd the decision of the Returning Officer on 15-11-2008 to which no step has been taken. Then he filed representations on 11-12-2008 and 15-12-2008 with the Election Commission alleging all these facts and requested the Commission to conduct an investigation against the violation of Code of Cond...... 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......t neither he nor Jatiyo Party withdrew his candidature and the legal consequences of all these facts are evidently mixed question of law and facts and these are to be decided in the light of the evidence to be led by the parties and the relevant laws. 11. In the case of Major SS Khanna Vs...Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ...... Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Khurshed Alam..............................Petitioner Vs. Abul Kalam and others………………………Respondents J......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......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......e of its witnesses is that the accused-respondent was not at home at the time of the death of his wife and that nobody knew how his wife succumbed to injuries. The Bishesh Adalat on assessment of the evidence on record by its judgment and order dated 29th August, 2004 convicted the accused-responden..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... 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 is a business man and a regular tax......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......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. ..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....urrence. 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 cirÂcumstances of the matter, we find merit in the contentions of the learned Deputy Atto......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......02/301 of the Penal Code. 3. Before the learned Sessions Judge, the prosecution examined 11 witnesses in support of its case. The accused respondents pleaded not guilty but they did not adduce any evidence. The learned Sessions Judge on consideration of the evidence on record found the respondent..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....The children found present are shown only as the couriers of food and other materials for their parents. They are seen as helping hands. Respondent No.2 admits in his affidavit-in-opposition that the facts regarding Aziz Bidi Factory, respondent No.4 are correct as stated in the petition and due to ...... ......nspector for decision to a registered medical practitioner. (2) A certificate as to age of a person granted by a registered medical practitioner as mentioned in sub-section (1) shall be conclusive evidence as to age of the person to whom it relates. 37. Certificate of fitness.- (1) A register..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at steps had been taken by them with the view to recovering the missing vicÂtim. The investigating officer also submitted his report. After considering the reports and also upon considering the facts and circumstances of the case, in view of the failure of the Investigating Officer to make rec...... 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......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ..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)
....08 (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., Gulshan Branch, Dhaka (Responde......ed in: 65 DLR (HCD) (2013) 205 ......f allegations of fraud. However, the Adalat passed the impugned order setting-aside a contested judgment dismissing the suit against them while the same was obtained upon detailed examination of evidences adduced by the contesting parties. In the circumstances, we are of the view that since the..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....¦â€¦.Opposite Parties Judgment August 10, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. 1908); section 115 The concurrent finding of facts arrived at by the Courts below should not be disturbed by the High Court Division in revision...... ...... disturbed by the High Court Division in revisional jurisdiction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any materi..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....ng 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 that, Islami Bank Ban......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
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....umbered as Nari-O-Shishu Case No.324 of 2001). Having perused the materials on record the tribunal has framed two charges, one against the accused Nurunabi, Jalaluddin and Fazlul Haque specifying the facts of committing rape by them on the victim Asma Khatun on 27.07.2001 at about 10.00 a.m., by spe......so Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......sulting in the death of the victim, so far as the accused Rehana Begum was concerned. The tribunal asked all the accuseds as to whether they would plead guilty and as to whether they would adduce any evidence in support of their defence. The accuseds gave reply in the negative. 7. Thereafter, the..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....upon to show cause as to why the judgment and decree of affirmance dated 24.4.2004 passed by the learned District Judge, Narayangonj in Money Appeal No.01 of 2002 should not be set-aside. 2. The facts of the case, in-short, are that the opposite party as plaintiff on 6.7.1986 instituted a suit ......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......e 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 Judge, 1st Court, Narayangonj o..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....iolative 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 disposal of the Rule are as follows:
The petitioner
joined Panchagar Suga......:
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......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....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. ...... 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. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ha Rin Adalat, Chapai Nababgonj in Artha Decree Execution Case No.03 of 2007 issuing warrant of arrest against this petitioner under section 34 of the Artha Rin Adalat Ain, 2003. 2. The relevant facts necessary for the purÂpose of disposal of the rule, in short, are as follows: 3. The res......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 comÂpelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant of arrest against......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. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....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 are that, one Abdul Jalil......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......ved and as to non-mentioning the date of service of the notice or the date of receiving of the notice are all questions of fact and that the complainant petitioner, as of right, is entitled to adduce evidence to prove these facts at the time of trial. Accordingly, he submits that the complaint petit..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
.... Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record to the Court of District Judge respectively. 2. Material facts are that the opposite party-plaintiff-decree holder obtained a decree on 27-03-2001 in Civil S......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......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
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