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Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ...... Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the filing lawyer is not reasonable and not covered by any norms of practice as the delay is absolutely inordin..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
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. ......een stated that the original decree being merged with the decree of the appellate Court, the miscellaneous case under Order 9 Rule 13 of the Code of Civil Procedure is not maintainable as barred by law. The petitioner of The Miscellaneous case filed an application under Order 6 Rule 17 of the Cod..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... submission mainly to the effect that the writ-petitioner was not made aware of the filing of this execution case by serving any notice as per section 30 of the Artha Rin Adalat Ain, 2003, that the provision of section 30 of the Artha Rin Adalat Ain, 2003 is mandatory and that after filing of the ......gal. 7. On the other hand, the learned Advocate for the respondent bank has mainly argued that this writ petition is not maintainable at all since the writ petitioner is a fugitive in the eye of law; that after issuance of warrant of arrest against him this petitioner did not surrender before..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)
....ing its internal administration and the High Court Division in its normal course do not interfere with the internal administration and the administrative policies of Meghna Petroleum Ltd., so long no provision of the Constitution is violated. When an employee challenges a transfer order, the High Co......ch of the High Court Division issued 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 issuan..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....t, a mere perusal of the petition of complaint would show that neither the date of sending the notice nor the date of receiving the notice has been disclosed in the petition of complaint. As such the provisions of section 138 and 141 of the Negotiable Instrument Act was not complied with, before fil......plaint-opposite party No.1 filed counter affidavit denying all material allegations made in the petition filed under section 561A and contending, inter alia, that this petition is not maintainable is law. 6. The learned Advocate Mr. Munshi Moniruzzaman, appearing on behalf of the accused-petit..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....d 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 the provisions of section 15 of the Code of Civil Procedure, 1908, to all original suits for the time be......n the Court of District Judge, who by exercising its power under Sections 38 and 39 of the Code transferred the execution case to the Court of Joint District Judge, for execution, who is empowered by law to execute such decree. Therefore, the Court below rightly rejected those applications which cal..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ...... (d) to pass a decree for all costs of the suit against the defendant and in favour of the plaintiff; (e) to pass a decree for any other relief or relieves that the plaintiff is entitled to in law and in equity. 4. In suit, plaintiff by an application dated 22-1-2009 sought for temporary..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....lation was made as per direction of the Government and, thereafter, the PSC failed to exercise its independent power conferred upon it under Article 140(1) (a) of the Constitution. 10. This provision enjoins that PSC with the power to select suitable candidates out of number of applicants ......which would justify a departure in any respect for disagreeing with the advice of the Commission". It is asserted that the impugned order of cancellation of viva-voce was made in accordance with law. It is further stated that one member of the PSC (Dr. Mahfuzur Rahman) was involved in a graft s..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....nal dispute resolution processes, there is no scope for the application of any version of shariat to the incidents in question, or the nature of the penalties, given that there are specific statutory provisions in this regard.
38. In Bangladesh, the Muslim Personal Law (Shariat) Application Act, ......Syed Mahmud Hossain J.- Writ Petition Nos. 5863 of 2009, 754 of 2010 and 4275 of 2010 have been heard together and are being disposed of by this common judgment as they do involve common questions of law and facts.
2. In Writ Petition No. 5863 of 2009 a Rule Nisi was issued on the following terms..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....h services from different hospitals and clinics and in all cases VAT was imposed upon the writ-petitioners and they were bound to pay that VAT. Section 3 of the Value Added Tax Act, 1991 provided the provisions to collect VAT except services mentioned in 2nd schedule. Moreover, in sub-section 3(c) i...... public health as among its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and of drugs which are injurious to health.
(2)......
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....de, the judgment and order of Artha Rin Adalat can be challenged by depositing 50% of the decretal amount. ....... (6) Writ Jurisdiction can not be invoked Law is now settled since special provision of appeal has been made against the decree passed by the Artha Rin Adalat. Against such ju......ustice can sit upon the decree so obtained. He admits such deterrent provision has been made to prevent loan default culture, but now a days it appears that by taking advantage of such deterrent law, forged, fraudulent documents are being used, fraudulent and mala fide devices are being practic..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
.... the N.I. Act is incompetent. Drawing our attention to section 1A of the N.I. Act, the learned advocate next submits that because of the dishonored cheques having "ceased to be negotiable" so, as per provision of section 1A of the N.I. Act, the dispute concerning the said account payee cheques shall......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....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. ......udgment, FIR, charge-sheet, charge, deposition of the witnesses, Memo of Appeal and the paper/documents as available in the paper book submits that conviction and sentence of the appellants is bad in law and facts and, as such, not sustainable in law. He further submits that the trial Court without ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... writ petition is not maintainable. 4. The High Court Division, after hearing, made the Rule absolute holding that the notice dated 23.7.2001 was issued by the appellant No.1 without complying the provisions of section 32(2) of the Customs Act and order dated 26.8.2001 was issued under section 20...... 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)
....d as earnest money and defendant No.1 be directed to execute and registered the sale deed within a time specified by the Court, failing which the said deed be executed and registered according to the provisions of Order 21, rule 34 of the Code of Civil Procedure. 4. Defendant No.1 entered in th......acity to the contract, it is upon a valuable consideration and is not be illegal…………………………………(15) The contract must have the essentials of a contract and binding at law in order to be enforceable. Relief granted under section 22 of Specific Relief Act is a discre..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... show cause and the impugned order of adjustment was also passed unlawfully as respondent No.2 is not a মূল্য সংযোজন কর কর্মকর্তা (VAT officer) as per provision of section 20 of the VAT Act and therefore, he had no jurisdiction to examine the dhakilpa......Result: The rule is discharged. Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petiti..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....ter alia, that the suit property was non-retainable khas land i.e. fishery, bil, hat and bazaar belonging to the ex-rent receiver. The suit property has been duly acquired by the Government under the provision of East Bengal Acquisition and Tenancy Act. Therefore, the suit property has been absolute......ned Deputy Attorney General appearing for the appellant submits that the suit land is a fishery and that is non-retainable by the Government and as such the learned Joint District Judge erred in law in decreeing the suit. The learned Deputy Attorney General secondly submits that exhibits Ka and..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......ltiplicity of suits his presence
was necessary. He next submits that the learned Joint District Judge, Dhaka
without applying his judicial mind into the facts and circumstances of the case
and the law bearing on the subject most illegally rejected the application for
addition of party in a summe..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....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. ......urt and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law as the ag..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....action as contemplated in section 138(C) of the Negotiable Instrument Act and the complainant served notice on 22-6-2008 and the accused-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 22-7-2......sult institution of the instant case by the complainant opposite party is without jurisdiction and, as such, institution and continuation of the impugned proceeding by a wrong person not tenable in law and, as such, the impugned proceeding is liable to be quashed. 7. That the complainant filed ..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
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