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....d for frustrating earlier judicial proceedings and being
violative 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......:
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......
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..
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)
....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. ......J Md. Fazlur Rahman J Mohi Ahmed Chowdhury……………………………Appellant Vs. Kashipur Tea Estate Company Limited and others…………………………Respondent......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..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
.... 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...... Vs. Sheikh Anis Uddin Ahmed………………………Opposite 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 no......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..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....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...... 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..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....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......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 compelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant of arrest against......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..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)
....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......J Shah Abu Nayeem J Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. Sultan Ahmed and others.....................................................................Respondents Judgment July 13, 2010. Result: The appeal is disposed off. When an employee challenges a transfer order, the High Court Division instead of interfering with such order can direct the department to e..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....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......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......rising out of C.R. Case No.763 of 2008 under section 138 of the Negotiable Instrument 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 ..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....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......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......sp; 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, and Bankruptcy Court, Dhaka reje..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... (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......ent. 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 Additional District Judge......9 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 Additional District Judge, Second Court, Dhaka granting tem..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others....................... the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such constitutional commission."……&hel..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....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......Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......onal duties to take effective measures to prevent the imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occ..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... 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)..........ur Rahman J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
L...... the Petitioner.
Monzil Morshid, Advocate instructed by A. S.M. Khaleqiuzzman, Advocate-on-Record-For the Respondents.
Civil Petition for Leave to Appeal No. 2107 of 2009.
(From the judgment and order dated the 14th day of July, 2009 passed by the High Court Division in Writ Petition No.1190 of..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....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......Islam Siddiqui J Borhanuddin J Dhirendra Nath Mondal..................Appellant Vs. Agrani Bank Ltd and others.............Respondents Judgment Jun......diction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Secondly, by filing appli..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. ......2012) 467. ......(Kotwali Zone) under section 138 of the Negotiable Instrument Act, now 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 ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....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 ......sp;18 BLC (HCD) (2013)16. ......State. Criminal Appeal No.2581 of 2001. Judgment SM Emdadul Hoque J.- This Appeal at the instance of the convict appellant Abul Hashem and 2 others is directed against the judgment and order dated 24-5-2001 passed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.42 of 1..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. ......) 54, VIII ADC (2011) 29. ......d-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent. Civil Appeal No. 164 of 2003. (From the judgment and order dated 2.11.2002 passed by the High Court Division in Civil Revision No. 5093 of 2001). Judg..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)
....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...... (HCD) (2012) 532 . ......o 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 discretionary..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....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...... 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 petitioner by necessary order. ......................s 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 petitioner by necessary order. ........................ (26) Show Cause notice Section 9 of the VAT Act, provides ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....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......J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......cordingly the inquiry was held by the C.O. (Revenue), Shahjadpur wherein it was found that the suit land was possessed by the plaintiff. Thereafter the Sub-Division of Magistrate, Sirajgonj passed an order that suit property was not the Government property and released from the list of sairat which ..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....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......
Sheikh Abdul Awal J
M. Moazzam Husain J
Most. Johura Begum alias Mosammat
Johara Begum……………………………….Plaintiff-petitioner
Vs.
Alhaj Abdur Rob Bhuiyan and
others………………………………………..Defendant-opposite parties
Judgment
......e opposite party
Nos.1-3.
Civil Revision No.4178 of 2006.
Judgment
Sheikh Abdul Awal J.- This
Rule was issued calling upon the opposite parties to show cause as to why the
impugned order No.36 dated 10.8.2006 passed by the learned Joint District
Judge, Arbitration Court, Dhaka in..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
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