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....nts to show cause as to why the orders of stopping salaries, other benefits and office work bearing Memo No. 982 dated 18-4-2011 (Annexures-G and G-1) should not be declared to have been made without any lawful authority and is of no legal effect.
2. Facts, leading to the issuance of this Rule,......he service rendered by the MLSS is otherwise satisfactory and not detrimental to the interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15)
Lawyers In...... order containing in Annexure-A is neither a suspension order nor a dismissal order according to service rules and this type of order is unknown to law. He next submits that till date no departmental proceeding has been initiated against the petitioner nor any formal suspension order is passed...
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
....ent No. 2 to take necessary steps regarding the matter i.e. to assess the goods in question as per judgment and order passed in Writ Petition No. 59 of 2012 but till date the respondents did not take any initiative to assess the goods finally. At this stage, the petitioner moved this Division a......er i.e. to assess the goods in question as per judgment and order passed in Writ Petition No. 59 of 2012 but till date the respondents did not take any initiative to assess the goods finally. At this stage, the petitioner moved this Division and obtained the present Rule. 7. Mr. Moham...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....ignature of respondent No.2, suspending the petitioner from the post of Chairman of Chagladaha Union Parishad, Terokhada, Khulna (Annexure-E) should not be declared to have been passed without lawful any authority and hence, of no legal effect. 3. In writ Petition No.3705 of 2013, vide Rule Nis......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......e said provision of law is without jurisdiction. 9. Further, it has been submitted that a Chairman of a union parishad can be suspended under section 34(1) of the Ain, 2009, but in such a case a proceeding for removal of the said Chairman has to be started. In the instant case, it is evident fr..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.....1. Probir Neogi with Shuvra Chakravorty and Manzur-al-Matin, Advocates—For the Respondent No.4. AM Mahbubuddin with Saqeb Mahbub, Advocates— For the Respondent No. 5. Company Matter No. 181 of 201 Judgment Rezaul Hasan J.- This is a petition filed under section......ther than independent directors. The petitioners cannot get exemption from holding 2% share in the paid up capital of Pubali Bank Ltd., as they are not 'independent directors'. At the initial stage of notification dated 7-12-2011, six months time was allowed to fulfill the condition of holdi......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
....e the added opposite parties as petitioners in the succession case filed by the present leave-petitioners. Mr. Fida M Kamal has advanced argument to the effect also that there is no provision in any law for transposing the opposite parties as petitioners in any case and, as such, the transposit...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......Huq filed Succession Case being No.888 of 2007 in the Court of Joint District Judge, 3rd Court, Dhaka for a certificate of succession under the Succession Act, 1925. During pendency of that proceeding the present respondent Nos.1 to 3, claiming themselves as the second wife, son and daught..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
....the jurisdictional door they shall satisfy themselves that reasons for apprehension have specifically, explicitly, plausibly, credibly and with sufficient clarity been assigned, instead of relying on any generalised pretension. That must be treated as the precursor.
A metaphorical av......urt below will consider the same using its own legal discretion without reference to the High Court Division's anticipatory bail order. Anticipatory bails shall not survive post charge-sheet stage…………………………….(23)
......udges are controlled by the government, cannot, by themselves ground for anticipatory bail. Such a bail prayer can be considered when it appears to the Court that the purpose of the alleged proceeding as far as the accused is concerned, is not what it purports to be, but to achieve a colla..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
.... long before the issuance of the Rule on 5-5-2002, the auction sale of the mortgaged property was thus made absolute before issuance of the Rule. So in the circumstances, there was no scope of giving any opportunity to the petitioners to raise any claim in respect of the mortgaged property in the ex...... respondent No.4, namely, Nurul Islam Chowdhury for realization of the outstanding loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amount. At this stage, the petitioners herein on 11-2-2010 filed an application under Order XXI, rules 90 and 91 of ...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ut using his own name, but in the name of another. Acquiring and holding property and even carrying on business in names other than those of real owners or in fictitious names did not contravene any provision of law and therefore, Courts had given effect to such transactions. In benami transact......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ntary, to show that the owner did not intend to dispose of his beneficial interest therein or that the transferee or legatee hold the property for the benefit of the owner, shall be admissible in any proceeding before any Court or authority. (3) Where any immoveable property is transferre..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
.... in Civil Petition for Leave Appeal No. 1075 of 2003.) Judgment Surendra Kumar Sinha J.- In this appeal leave was granted to consider the questions as to whether this Division has committed any error apparent on the face of the judgment in CP No. 1075 of 2003 in maintaining the judgme......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......perating part of the decree in verbatim. Naturally, if this decree on the question of compensation remains, there would arise various complications if the respondents proceed, with the execution proceeding. There is, therefore, need for examining the point in controversy despite the submission ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....e had been paying the loan money according to that reschedulement; after reschedulement, the writ-petitioner paid a big chunk of money to the decree-holder-corporation, but it without intimating anything to the writ-petitioner revived the execution case and behind his back sold the property in ......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......r order passed by a Court without jurisdiction is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as ille..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....te Party Judgment February 3, 2014. Result: The Rule is discharged. When It’s Required Further Investigation The case can be sent for further investigation at any stage of the proceeding if it appears that further investigation is required for collection......arty Judgment February 3, 2014. Result: The Rule is discharged. When It’s Required Further Investigation The case can be sent for further investigation at any stage of the proceeding if it appears that further investigation is required for collection of ......gment February 3, 2014. Result: The Rule is discharged. When It’s Required Further Investigation The case can be sent for further investigation at any stage of the proceeding if it appears that further investigation is required for collection of further evi&s..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....impugned Amendment Act the ACG will be turned to toothlees tiger.
9. Mr. Biswojit Roy, the learned Deputy Attorney-General appearing on behalf of the respondents without filing any affidavit-in-opposition, submits that the Government has rightly enacted section 32Ka in the Ame......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......r(s) and/or Head of the Government(s) may face the consequence of alleged corruption case in a similar situation, but judges, magistrates and the Government employees will accumulate himself from the proceeding of corruption case under the pretext of section 32ka of the Amendment Act, 2013. The acti..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....rtunity to place his case with relevant evidence. It is also an established principle and a requirement of law that a party to the suit may be given the opportunity to call witnesses and produce any evidence at any time during the trial. The trial does not finish until pronouncement of judgment......ciple of law that every party to a litigation must be given opportunity to place his case with relevant evidence. Even though the defendant No. 14, appellant herein, appeared in the case at a belated stage, the learned judge allowed him to file his written statement. He can only be expected to call ......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....spondents
Judgment
January 27, 2014.
Result:
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision, no notice is required to be served. If the prosecution can esta......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......nother...........Respondents
Judgment
January 27, 2014.
Result:
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision, no notice is required to be served. If the p..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
.... be prosecuted simultaneously in the present cases of criminal nature. The learned Special Judge by the impugned orders allowed the applications and discharged opposite party 2 from the cases without any discussion on the point raised in the application for discharge, but on a different ground that ...... in personal capacity, even he instituted the title suit in his name as an individual and also signed an agreement with the petitioner in personal capacity. There is no scope to take the plea at this stage that the cheques were issued by a company and without indicting all the directors, thecases ar...... suit opposite party 2 referred to the facts relating to issuance of the two cheques in question. 6. Opposite party 2 also filed two separate applications in the complaint cases for staying the proceedings on the ground of pendency of the said title suit and being rejected further attempted to..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
.... Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex Vs. Sussex Justice Ex-parte Meeonly, 1924 QB 256 at pa...... exhibit-2, wherein clause 11 regarding notice which runs as any notice provided for in this agreement shall be in written and shall be fist transmitted by facsimile transmission and then confirmed postage, prepaid registered mail or by a recognized courier service, in the manner as elected by the p......ct.' 14. Learned Advocate relied on the case of Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104, natural justice wherein it is held as 'natural justice in a case of disciplinary proceeding. In a case of disciplinary proceeding against an employee, in the absence of statutory ru..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... the maintainability of review petitions. According to him, in view of Article 47A (2) of the Constitution, review petitions are not maintainable from the judgment of this Division, in the absence of any provision for review in the Act XIX of 1973. It is contended that against a conviction or senten...... of that point before entering into the merit of the matter. It is because if the petition for review is not maintainable, it would be a futile attempt to enter into the merit of the matter causing wastage of the valuable times of the Court. There is no doubt that the Act of 1973 is a special law, b......s or organization who is a prisoner of war for Genocide, Crimes against Humanity or War Crimes and other crimes under International Law. Under the Act-such person cannot challenge the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by resorting to Artic..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....amed at the outset on 2-10-1997 was correctly done in accordance with the Criminal Law Amendment Act. He further submitted that split ting up of the charge by the trial Judge has not caused any prejudice to the accused-respondent. He finally submitted that in any event, even if there is an......evention of Corruption Act, 1947. The charge was read over to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned Divisional Special Judge took evidence and at one stage found that the charge framed was detective since the three years' period of defalcation ha......he present context, which provides as follows: "When trial may proceed immediately after alteration.- If the charge framed or alteration or addition made under section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court to prejudice the ac..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
....Court—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any power to adjudicate matters relating to the internal affairs, in particular dispute relating to ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......laiming as President and members of Narsingdi Zilla Bus-Minibus Sramik Union a registered trade union of workers bearing registration No. Dhaka-4557, obtained this Rule,on 27-10-2011, challenging the proceedings of BLA Case No. 1534 of 2011 brought before the First Labour Court, Dhaka by-respondent ..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....t November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu,45 DLR (AD) 38. La......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... arising from the sale proceeding. So, the Code of Civil Procedure shall apply to the present situation arising from sale, as per Article 27(9) itself. What is important to note here is that the proceedings initiated by HBFC is in the nature of a civil suit. So, the provisions of the Code of Ci..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
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