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Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....2 DLR (HCD) (2010) 506. ......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. ......he 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, 1991 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the p......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)
....llant (In Jail) Vs. State...........................................Respondent Judgment October 11, 2010. Result: The appeal is allowed. Cases Referred to- State of Himachal Pradesh Vs. Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin ......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.......er section 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. Ayub Ali Sheikh @ Buna, challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in ......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...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)
.... (Civil) Present: 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,......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. ......by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Division in Election Petition No.4 of 2009) Judg......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. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
.... Appellate Division (Civil) Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Khurshed Alam.............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. ......ucted by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. None represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 859 of 2011. (From the judgment and order dated the 1st day of March, 2011 passed by the High Court Division in Civil Revision No. 2022 ......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
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......h under a valid license issued by Bangladesh Telecommunication Regulatory Commission and has duly obtained VAT registration from the national Board of Revenue as a Service Provider & Importer. In order to provide telecommunication services under its license the petitioner imports scratch cards, ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Sirajgonj to face charge under section 10(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 for killing his wife Most. Hasna Khatun, to which, he pleaded not guilty and claimed to be tried. According to the prosecution story narrated by Md. A. Awal ......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. ......rney 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 Crimi......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. ..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......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. ......own the procedures for inquiry wherein a time limit is given within the framework of which inquiry has to be completed and that being not complied with in the case of the petitioner the impugned order for inquiry dated 30-9-2009 (Annexure-C) is absolutely in violation of the said rules which sh......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)
....oalandu 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. ...... Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sultana, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.215 of 2010. (From the judgment and order dated 22.2.2010 passed by the High Court Division in Criminal Appeal No.2005 of 2000.) Orde......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. ..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....ction) Present: Md. Imman Ali J Obaidul Hassan J Ain O Salish Kendra (ASK), represented by its Executive Director and another………………………........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, Dhaka ...... (2011) HCD 36, 8LG (2011) HCD 1. ......n view of such stories regarding children toiling in the ‘bidi’ factories in Rangpur the petitioners, Ain O Salish Kendra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygieni...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J Hasura Begum……………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic o......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. ......man Tribunal being Petition Case No.46 of 2010 under section 7/9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 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 i......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)
....l Ltd and others.........................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. ......Execution Case No. 65 of2007. Sonali Bank then preferred Writ petition No. 3434 of 2007 against the said exparte decree, whereupon the High Court Division by order dated 7-5-2007 issued rule and interim order staying further proceedings of the said Execution Case subject to the deposit of Taka ......Bank refused to return personal guarantee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names from the case, whereupon the Adalat by order dated 22-4-2004 rejected their prayer. As against this, the petitioners moved Writ Petition No......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 ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he Courts below should not be 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 m......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......2002 affirming the judgment and decree dated 5.3.2002 passed by the learned Assistant Judge, Kaligonj, Satkhira in Title Suit No.6 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....Jurisdiction) 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. ......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. ......under section 138 and 140 of the Negotiable Instruments Act, now pending 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 thi......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)
....; 2001 SCMR 1474; PLD 1994 (SC) 87; Karam Ali Vs. The state, 54 DLR (2000) 378; Abdur Rahman Vs. State, 8 BLT (HCD) (2000) 128; State Vs. Jahidul Islam, 14 MLR (AD) 2009; 2009 Cr.L.J. 788 (SC) A; Sharad Birdhichand Sarda Vs. State of Maharashtra, (1984) 4 SCC 116: 1984 SCC (Cri) 487; Ratan Singh Vs.......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......Md. Mosharraf Hossain Sarder, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent. Criminal Appeal No. 3870 of 2005. (From the Judgment and order dated 25.7.2005 passed by the judge, Nari-O-Shishu Nirjatan Daman tribunal, Natore in Nari-O-S......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....Islam…………………………Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give speci......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ...... iii) Quality loss at Mills----------------Tk. 80,950.00 iv) Value of short receipt and quality----------------Tk. 98,189.37 3. It has been also stated that the defendant deliberately in order to misappropriate the money of plaintiff-Adamjee Jute Mills Corporation caused the aforesaid f......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....Original Jurisdiction)
Present:
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.......he charge to the authority. He further submits that disciplinary
action of deduction of salary for 7 (seven) days was taken on the basis of the
recommendation of the inquiry committee only when the interim order of
injunction was vacated on contest in Other Class Suit no. 30 of 2003. Moreover,
h......
Republic. However, while deciding the issue whether an employee of a
Corporation before termination is entitled to have a show cause notice or not, the
Appellate Division observed that- “If the order of termination, on the face of
it, does not entail any stigma or does not refer to any allega......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
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
.... This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......cted. The Code of Civil Procedure, 1908 (V of 1908); Order XLI Rule 19 An application for readmission of appeal under Rule 19 of Order XLI is applicable till decree is not drawn up as the order of dismissal of the appeal. Till then did not reached its finality but once a decree is d......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....wer Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......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. ......ed period of limitation cannot be wiped out. On such type of application unusual long delay of 9 years 5 months 5 days cannot be condoned. 5. In the result, this rule is discharged without any order as to costs. 6. Since the rule for substitution of the heir is of sole respondent's after s......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. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....t once. Ed. This Case is also Reported 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. ......site Parties. Civil Revision No.4922 of 2002. Judgment Borhanuddin J.- This rule has been issued calling upon the opposite parties No.1 to 7 to show cause as to why the judgment and order dated 15.09.2010 passed by the learned Additional District Judge, 2nd Court, Comilla in Misce......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)
....n (Md.)…………………….........Petitioner Vs. Artha Rin Adalat & others………………………..Respondents Judgment July 14, 2010. Result: The rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003); section 34 Section 34......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. ......mpowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them compelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant of arrest against such Judgment-debtors for mak......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
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