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S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

.... 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)

....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)

....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)

....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)

....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

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

....................................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...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....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 ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....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......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

....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...... 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. ..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... 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......ion in order to maintain the public confidence in such constitutional commission."……………… (10) The writ petitioners failed to show anything that the Government arbitrarily did not accept the recommendation of the PSC on the basis of the first viva-v..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....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......in Dolon……………………….Petitioner (In Writ Petition No. 754 of 2010). Mahbub Shafique and others………………………..Petitioners (In Writ Petition No. 4275 of 2010). Vs. Government of Bangladesh and Others………………………..Respondents. Judgment July 8, ..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... 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...... 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. ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....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......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. ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....(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 ......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)

....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......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.   ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

....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...... 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)

....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......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 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....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 ......08/08/634 dated 8-9-2008 issued under the signature of respondent No.1, Superintendent, Customs, Excise and VAT, Tejgaon Circle, Banani, Dhaka asking the petitioner to adjust Taka 42,11,049 as unpaid Government revenue (VAT) in current account register through treasury challan (Annexure-A to the Wri..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....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 ......ram Hossain Chowdhury, Deputy Attorney General - For the Appellant.  First Appeal No.117 of 1990. Judgment Md. Rais Uddin J.- This First Appeal has been presented by the defendant Government appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint Di..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....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......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. ..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4