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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. ......ates - For the Respondent. FMA No. 328 of 2009 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Add......of Title Suit No.1 of 2009. 2. Both the appeal and Rule having arisen out of a common matter in issue, these have been heard together and are being disposed of by this judgment. 3. Material facts are that on 21-1-2009 plaintiff instituted Title suit No.1 of 2009 in the Court of District Ju..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
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. ......e High Court Division noticed various news reports produced for consideration and observed that in writ jurisdiction, it could not consider them to judge the reasonableness of the decision. Only question is whether the decision taken could be referred to or based on any materials. The cancellat......e High Court Division Challenging the decision of the writ respondent No.2, the Bangladesh Public Service Commission (PSC) cancelling the first viva-voce result of 27th BCS examination. 2. Short facts relevant for the disposal of these petitions are that the petitioners, in response to a Notifi..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... 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.......
Judgment
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 fo......mud 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:
Let..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......ĻŋrāĻ¸āĻž āĻā§āĻ¨ā§āĻĻā§āĻ° āĻāĻŦāĻ āĻĒā§āĻ¯āĻžāĻĨāĻ˛āĻāĻŋāĻā§āĻ¯āĻžāĻ˛ āĻ˛ā§āĻ¯āĻžāĻŦā§āĻ°ā§āĻāĻ°āĻŋâ provides medical services without any consideration then the question relating to imposition of VAT will not arise. Moreover, the private practice of doctors hav......on for Leave to Appeal is directed against the judgment and order dated the 14th day of July, 2009 passed by the High Court Division in Writ Petition No.1190 of 2009 making the Rule absolute.
2. The facts involved in the case, in short, are that the writ-petitioners are challenging the collection o..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....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. ......s. Agrani bank, reported in 54 DLR (AD) 6. 10. Heard the learned Advocates at length; perused the impugned judgment and decree. From the submissions of the learned Advocates it appears that only question is to be resolved whether Title Suit No.93 of 2001 instituted by the plaintiff-appellant pr......ry was alleged, is the son of the plaintiffs full brother i.e. nephew of the plaintiff. It appears from the plaint that the address of both the plaintiff and the defendant No.3 are same. So, the facts and circumstances of the case, reported in 15 BLD, is distinguishable from the facts and circu..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....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. ......n filed under section 561A, the supplementary affidavit, the counter affidavit and to all the documents annexed theirwith submits that, as it is apparent from the petition of complaint the cheques in question were all account payee cheuqes, hence it was deposited in the Dutch Bangla Bank, that is in......ow pending in the Court of learned Metropolitan Sessions Judge, 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 section 561A of the Code briefly are that, the opp..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. ......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. ...... 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 applying..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... 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. ...... dated 14.8.2001 informed the appellant No.1 that the fabrics imported by them have been utilized by them for manufacturing garments which were exported by them to France and further as the events in question had taken place before a year ago, one month's time is required to verify the events leadin......vilege of bonded warehouse and the respondent having failed to show cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affidavits and accordingly the writ petition is not..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)
....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 . ...... is learnt that defendant No.1 transferred the suit land to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual ......t that can be executed. Learned Advocate submits that defendants neither in their written statement nor in their depositions specifically denied plaintiff's case as such it is to be taken as admitted facts and agreement in between defendant and plaintiff stand and defendant No.1 and 2 are bound to e..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 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. ......ant Attorney-General—For the Respondent. Writ Petition No.8525 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution, the petitioner called in question the legality of the letter under Nothi No.4/Mashak (f) Sthaniyo Rajoswa Audit/2007-2008/08/......of the petitioner (Annexure-C to the Writ Petition) as well as the direction given, by him to the petitioner to deposit Taka 20,64,049 through treasury challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobil..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......dant Government appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other cla..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. ......n rejecting the application for
addition of party on the ground that in a suit for specific performance of
contract any 3rd party to that contract is not, at all, a necessary party and
as such the question of interference does not arise at all.
8. We have heard the learned Advocates
of both......
Judgment
May 9, 2010.
Result:
The Rule is made absolute.
The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective a..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....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.......count of business transaction and that the accused-petitioner issued cheque of the said amount in favour of the complainant opposite party No.2 towards adjustment of the loan amount and the cheque in question was presented in the Bank within the period of its validity and admittedly the cheque was d......sions Judge, 4th Court, Dhaka should not be quashed. 2. Pending disposal of the Rule, all further proceedings of the said Metropolitan Sessions Case was also stayed by this Court. 3. Background facts necessary for disposal of the Rule in a nutshell is that the complainant oppoÂsite party No.2..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....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. ......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. ......er Order IX Rule 13 of the Code of Civil Procedure and thereby restoring Title Suit No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that the present petitioners and opposite party Nos.72-78 as plaintiffs instit..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....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. ......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. ......ori Das and also by defendant No.4, Narayangonj Pourashava, in his written statement supported the case of the plaintiffs as such the impugned judgment as passed, was passed without considering these facts. Learned Advocate on reference to the written statement of the Government submits that, this w..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... 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....... not file any case. Subsequently he sent another legal notice and filed the instant petition of complaint against the petitioner. The complainant did not disclose the date of receipt of the cheque in question and the complaint has been filed against the petitioner before cause of action as specified......te, 1st Class, Tangail on 29.11.2006 regarding an alleged occurrence of dishonor of cheques against the present petitioner under section 138 of the Negotiable Instruments Act, 1881. 3. The short facts of the complaint, are that, the present petitioner issued a chqeuqe of Taka 70650/- on 17.05.2..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... 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 ....... 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 .......hin the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled. (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....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. ......e petitioner he allowed the principal accused to carry the contraband goods through Gate No.5 violating the direction of the superior authority. In view of the facts of the present case the pertinent question is that whether the accused petitioner being a public servant acted in the discharge of his......ection 197 of the Code is not applicable. 16. We may refer to the distinguishing feature of the case of F. M. Mohiuddin Rashiduzzaman Vs. Bahauddin Ahmed and another, 28 DLR (AD) 181 wherein the facts of the case are that a big procession in violation of an order under Section 144 Cr.P.C. was b..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....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. ......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. ......charge under Section114 of the Penal Code against the petitioner No.1 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts relevant for the disposal of this rule, in short, is that one Kazi Md. Ataur Rahman (Boro Babu..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... 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 . ...... Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order IX rule 13 In an application under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and ......ated 27-11-2006 passed by learned Assistant Judge, third Court, Dhaka rejecting Misc. Case No.26 of 2005 under Order IX Rule 13 of the Code of Civil Procedure (briefly as the Code). 2. Materials facts are that plaintiff institutÂed Title Suit No.15 of 2002 in the third Court of Assistant Judge..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
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