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Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......, but the Rule had to be discharged on the wrong observation made by the learned Judge of the Single Bench. We further observe that before entering in to the merit of a writ petition the judges owe a duty to see whether the writ petition is maintainable in law, and in the case in hand since the writ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......inable and the High Court Division rightly held so. 19. In the context, we are constrained to observe that before issuing Rule on an application under article 102 of the Constitution, it is the duty of the Court exercising the power of judicial review to see that in filing the application, the..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... conditions of the said tender and to obtain information from the prospective tenderers. 30. It has also been contended that vide Article 58D of the Constitution the caretaker government was duty bound to discharge its routine functions and, in case of necessity, was duty bound to take pol..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....িব 17. The above two memos clearly show that 30% posts are required to be reserved for the issues of the freedom fighters. By not filling the quota, it appears that the respondents have made excess recruitments from general quota, which cannot be accepted. The fact that 30% quota requiremen......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
.... by persons conversant with the science and the knowledge of finger print and the same can not be ascertained by a Court with its naked eyes. 5. It is true that, the High Court Division acted excess of power in allowing the prayer summarily without affording the defendant appellant any oppo......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... or between two different Sections or provisions of the same statute. On a conspectus of the case law indicated above, the following principles are clearly discernible:— (1) It is the duty of the Courts to avoid a head-on clash between two Sections of the Act and to construe the prov..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......at (a) the conduct was voluntary; (b) in the case of acts, the accused knew that he was doing that act, and (c) in case of omissions, the accused did not believe that he was doing what he was under a duty to do. If A mixes poison in the food of B, with the intention of killing B, and B eats food and..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....nts from the respondent No.1 it requested the respondent No.1 to apply the credit of U$S 14,500 lying in the hands of the respondent No.1 to enable to the petitioner to open the L/C for any amount in excess of the credit. Upon which although the respondent No.1 and respondent No.2 issued a purchase ......exchanged letter for the appointment of the arbitration in the SIAC 182 of 2011. 7. By a further supplementary affidavit filed by the respondent No. 2 it has been asserted that the petitioner was duty bound to issue the final acceptance certificate after completion of three months trial run of t..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......rdquo; of the Nikah Registrar of No.3, East Chandrapur Union has already been expired by operation of law the respondents concerned are further directed to appoint a Nikah Registrar giving additional duty of the area in question for the' interim period in accordance with law. 19. The order ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....sometimes wild allegations are being made against the law enforcing agencies, for no fault of their own, alleging gross violation of fundamental rights but at the same time in certain cases excess committed by the law enforcing agencies thereby causing gross violation of fundamental r......ther persons were proceeding towards BNP Office, Nay a Paltan, at the instance of the detenue some persons of the said procession assaulted one pedestrian causing injury at 5-30 pm and when police on duty tried to rescue the said injured man the detenue along with others threw hand bombs, cocktails,..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......e respondents manifested in not giving the petitioner's government portion of monthly salary or MPO is found to be without legal authority. The same also reflects and arbitrary abdication of duty by a public authority and in the facts and circumstance also involves a violation of the elemen..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... the plaintiffs that the appellant owes them Taka 3,59,500 as unpaid rent is baseless as clear from a close examination of the exhibits which reveals that the appellant has paid Taka 3,37,600 in excess; ii) the plaintiffs respondents have waived and/or acquiesced their rights to question t...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
.... petition do not ex facie support the petitioner's case, but not otherwise or where the petitioner seeks to secure unjust gain, or where the quasi-judicial authority acted without or in excess of jurisdiction or in contravention of the principle of natural justice, the exercise of......dergone a great deal of change in recent years. Rules of natural justice are not rules embodied always expressly in a statute or in rules framed thereunder. They may be implied from the nature of the duty to be performed under a statute. What particular rule of natural justice should be implied..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......he same view that as a District Judge while he is acting in pursuance of the statute enabling him by section 12 of the arbitration act as well as section 7(A) of the Arbitration Act. He is performing duty as a Judge of the civil jurisdiction and he is not a person designate but a Court sub-ordinate ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ncrements but the Appellate authority enhanced the punishment to compulsory retirement which was not justified. He lastly submits that the ultimate punishment of compulsory retirement was harsh, excessive and disproportionate to the alleged offence and that secondly another employee who was sim......ll his forced retirement under the order dated 15.07.1998. The petitioner was suspended on 01.08.1995 and a departmental proceeding was started against him. The allegation was that while on duty on 24.08.1992 in Parcel Import and Sorting Section as a Mail Operator, the petitioner received ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....assessment and clearance under the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and s......ers) filed Writ Petition Nos.6411 and 6410 of 2001 before the High Court Division for a direction upon the writ-respondent-appellants (hereinafter referred to as the respondents) for assessing the duty and taxes as required by law and upon receipt of such duty and taxes to release/return 42 piec..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ...... prima facie proved that those were imported under mis-declaration, so he could not claim release of the goods simply because those were assessed and the petitioner was allowed to pay the assessed duty. 15. The High Court Division only referred to bidhi 18 of the Bidhimala in finding that "i..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......ight inhering in the petitioner which has no statutory force is not understood. The argument of the learned Counsel that the petitioner's right was to apply for settlement and it is the statutory duty of the respondents to deal with this matter in accordance with rule and memorandums is not tena..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......dranath Acharjee, in his deposition stated that he was serving at Rajshahi Medical College Hospital at the relevant time on 5-6-2010 and on that date he examined the victim Shabana, while he was on duty; that he issued an injury certificate which he has proved and which was marked as Exhibit-2 and..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
.... amount government charged penal interest, the plaintiff filed a title suit being No.9 of 1999 (re-numbered) before Joint District Judge, Dhaka against the defendant no. 10 for a declaration that the excess amount of money demanded by the government is wrong, unlawful and not binding upon the compan......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
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Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
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