Search Options
Judgment Advanced Search
Displaying 621-640 of 7133 results.
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......he Rules, 2004. Section 7 of the Samabaya Samity Ain, 2001 clearly authorizes the Registrar, Co-operatives to delegate all of its powers to any of the officers or employees subordinate to him and accordingly the Registrar, Cooperatives is very much empowered to delegate some of its powers inc......ah-al-Mamun, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by the High Cou......cts of the said Election Committee declaring the election result dated 25-6-2008 regarding formation of the Managing Committee of Tangail Central Co-operative Bank Limited is not maintainable in law and, as such, the same is liable to be declared to have been made without lawful authority. ..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ower of the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. So it appears that the scope of section 561A of the Code is very limited. 21. In this ......rned and the allegation of influence-peddling against her is imaginary and unfounded. 8. Mr. Md. Asaduzzaman also submits that the alleged implication of the petitioner in the case as an abettor according to the charge-sheet is not based upon any factual statement of any witness and from this p...... the alleged abetment of the petitioner without any supporting incriminating materials on record cannot be sustained at all. It seems that the implication of thepetitioner in this case as an abettor as found by the Anti-Corruption Commission during the investigation of the case is predicated up......sion investigated the case and having found a prima facie case, the Investigating Officer submitted charge-sheet against 13(thirteen) persons including the petitioner under the relevant provisions by law on 20-9-2007. On hearing about the pendency of the case in the 3rd Court of the Special Judge, D..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ly Golzar Mallick's Godown, near Baily Bridge, Dharanda, Bangla-hill Hakimpur, Dinajpur. The importer thereafter, started selling the said lentils from the said godown to different purchasers and accordingly sold 19,950 Kg lentils in 399 bags to the petitioner on 07-8-2010, the total value ......ussain Haider J
Sheikh Hassan Arif J
Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions]
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
......y;gin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petit..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ly Golzar Mallick's Godown, near Baily Bridge, Dharanda, Bangla-hill Hakimpur, Dinajpur. The importer thereafter, started selling the said lentils from the said godown to different purchasers and accordingly sold 19,950 Kg lentils in 399 bags to the petitioner on 07-8-2010, the total value ......ussain Haider J
Sheikh Hassan Arif J
Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions]
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
......y;gin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petit..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without depositio......earned Judge heard the Miscellaneous Case on maintainability and rejected the same by the impugned order dated 10.3.2010 on the ground that the petitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 4. The pet......um…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs......tha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ance. 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, abandon the implemen......ng that the original master plan of Dhaka City was formulated as far back in 1959 and there is no master plan for Gulshan Model Town. It is further observed that a residential model town is developed according to the detail area plan commonly known as layout plan prepared to cater to the requireme......010. Result: The appeal is dismissed with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of ......ents who made several representations to the appropriate authorities and agencies including the respondent Nos.2 and 3, the Department of Environments for taking effective measures against such unlawful, irregular, environmentally hazardous and arbitrary decision and action of the said writ re..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......ase No.155598 of 2009. Judgment Khondker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of CR Case No.54 of 2008 under section 408 of the Penal......rate shall send the petition of complaint to the Durnity Daman Commission in accordance with procedure laid down under Rules 13(3) of the Durnity Daman Bidhimala, 2007 to deal with in accordance with law. 11. Accordingly, the Rule is made absolute. The impugned proceeding is hereby quashed from..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......nce. 11. Mr. Mahmood lastly argued since section 20 of the Act made an express provision in sub-section (2) authorizing delegation of its power to investigate to an officer of the Commission and accordingly the Commission has delegated its power for investigation to its officer by gazette notif......inal Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Redwan Ahmed................Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddi......mmitted 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 authority, in as much as the transfer, as made, is in violation of Rule-18ka of the Emergency..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... every District. We again reiterate our recommendation that unless sufficient numbers of safe homes are provided for housing children, who are not granted bail, particularly male children, and then injustice will be done. The State is failing in its duty to provide facilities which it is duty bound ...... the seven districts namely, Dhaka, Munshigonj, Manikgonj, Mymensingh, Tangail, Narayangonj and Narsingdi which are within easy reach of the Kishore Unnayan Kendra in Gazipur. He also points out that according to the report of the Ministry of Social Welfare there are six Safe Homes under the control......................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment October 25, 2010. Result: The Rule is disposed of with observations. Cases Referred ...... that according to the report of the Ministry of Social Welfare there are six Safe Homes under the control and supervision of the Ministry of Social Welfare which house female children. 5. The law relating to custody of children, who have come into conflict with the law, is to be found in the..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... having been authorised by the employment which are very much related with the affairs of the employment. She then submits that the High Court Division committed error of law occasioning failure of justice in not considering that the defendant-petitioner will be vicariously liable for those acts ......dings 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: 66 DLR (AD) (2014) 80. ......zammel Hossain J SK Sinha J British American Tobacco Bangladesh Company Ltd............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases ...... of weight, nausea and fatigue may occur. It hinders a woman's chances of economic prospects by reducing her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12) A person can be liable for tort as well an..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....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. ......ends that the legislature has promulgated special law with a view to seize the post of Director of any other Bank when he is found to be defaulter as contemplated in section 17(1) of the said Act and accordingly notice (Annexure-C to the writ petition) was issued stating the amount of loan in detail...... Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: The Rule is discharged. Cases Referred to- Md. Yaqub Vs.......e 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 be declared to have been issued without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 19..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......learned Tribunal after hearing the parties represented by their respective lawyers and having assessed the evidence on record, have found the accused guilty of the charges brought against him and accordingly convicted him under section 9(1) of the Ain and sentenced him as stated above. 9. Mr.......Salma Masud Chowdhury J M Rezaul Hasan J Ayub Ali Sheikh alias Buna ............Convict-Appellant (In Jail) Vs. State...........................................Respondent Judgment October 11, 2010. Result: The appeal is allowed. Cases Referred to- State of Himachal Prad......ilty, 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 parties represented by their respective lawyers and having assessed the evidence on record, have found the accused guilty of the charges b..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)
....(b). As the Respondent No.1 was the only candidate nominated by Jatiyo Party and as the said party did not ask him to withdraw his candidature, denial to allocate him a symbol is violation of natural justice and against the provisions of the constitution and the Representation of the People Order, 1......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. ......nha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The leave petition is dismissed. Cases Referred to- ......tion Disputes" of the RPO 1972. The Respondent No.1was nominated by Jatiyo Party, which is a registered political party having a registered and reserved symbol "PLOUGH". Under the law and Rules, as amended, prior to the elections the parties are permitted to jointly and severally..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. ......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. ...... Khurshed Alam..............................Petitioner Vs. Abul Kalam and others………………………Respondents Judgment October 7, 2010. Result: The appeal is dismissed. Lawyers Involved: Zulfiqur Bulbu......ng in holding that the application filed before the Administrator of Waqf was not filed under section 32 of the Ordinance. When Mr. Zulfiqur Bulbul Chowdhury was confronted with the said provision of law he found it difficult to give reply. 5. We have gone through the provisions of sub-section ..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....remedy is not efficacious or adequate, and where the wrong complained if is so inextricably mixed up that the High Court Division may for the prevention of public injury and the vindication of public justice, examine that complain. It is needless to add that the High Court Division is to see that th......relatively a new concept in Bangladesh and there is no adequate guidelines, the petitioner introduced VAT Challan (Mushak-11) from January 2008 for selling of SIM Card and Scratch Card and paying VAT according to VAT amount showing in VAT Challan (Mushak-11) on monthly basis as per Notification No.2......ellip;………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: The Rule is discharged. Case Referred to- Messers Chemico......ondent No.2 under section 55(3) 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 R..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
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. ......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. ......endra Kumar Sinha J The State ...................................................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Ho......fe succumbed to injuries and that in the absence of proper explanation no person other than her husband, the accused-respondent, is responsible for the death of the victim which is the statement of law settled by this Court, but the High Court Division on a misconception of law shifted the onus up..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ...... Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sulta......th and that the other respondents screened the assailant by helping him to disappear the evidence of death. 5. It is contended on behalf of the petitioner that the High Court Division erred in law in acquitting the accused-respondents of the charges despite the fact that the prosecution has..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... education, and to better the lives of their families as well as the interest of the nation. Knowing full well that the children of today will be the future flag-bearers of this nation, we do great injustice by not providing proper facilities for them. 27. We must also mention one other aspect w......tated that respondent No.5, Minhaz Bidi Factory always hide their exact picture or record with regard to child labour, and when the inspection team visits, the management hide the child labourers and according to them there is no record of any child being registered as a labourer in the factory. The...... ......he fundamental rights guaranteed under Articles 27 and 31 of the Constitution and why they should not be directed to discharge their legal duties to ensure compliance with the aforesaid provisions of law. It was further prayed that the respondents No.3, 4 and 5 be directed to provide cost of medical..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....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. ......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. ......-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 brought to the notice of the Officer-in-charge of a Police Station then the officer is duty bound to record ......After recording the statement of the petitioner the learned Judge of the Tribunal ordered that the petition be treated as a First Information Report (FIR) and the case be started in accordance with law and directed the OC of Motijheel Police Station to submit a report. The petitioner prayed before..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)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......sly Uttara Bank allowed IBP facilities in favour of the petitioner No. 1 in respect of 158 cheques upon such undertaking and confirmation given by the Sonali bank and the said cheques/bills were accordingly honoured; however, in the instant case Sonali Bank dishonoured the same and returne.............Petitioners Vs. Artha Ain Adalat No.4, Dhaka and others.................Responded Judgment August 23, 2010. Result: The rule is made absolute. Cases Referred to- Abul Khair Miah Vs. Abdul Latif Sarker, 32 DLR (AD) 167. Lawyers Involved: Mahmud......xure-G) setting-aside the judgment 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, ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
85607998940794065647850893537806526786987290594387207090583951968511526570379642