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Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....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 ......The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legitimate Expectation is only an aspect, which does not give rise to an enforceable right but only provides that the action taken by the authority while dealing with the citizens is not arbitrary. The applicability of..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......he case by filing a written statement denying all the allegations made in the petition contending, inter alia, that the case is not maintainable in its present form and that there is no cause of action to file the case. By observing all requirements of law, the authority issued the order of dis..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
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. ......ication dated 01-01-2009. 8. After publication of the election results, respondent No.1 submitted a representation on 11-01-2009 and also on 28-01-2009 to the Chief Election Commissioner to take action against the petitioner, but to no avail. So, respondent No.1 filed the election petition befo..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....cumstances death is connected with the act of violence by chain of causes and effects, the death must be regarded as a proximate and not too remote a consequence of the act of violence. 25. Cause' and 'intention' are two vital elements for constitution of a crime. The ques......e "causa sine qua non", but it must also be a cause reasonably proximate. If it is too remote, it is a negligible cause as much to support a criminal prosecution as it is to support an action in tort. The doctrine of "causation" as applied in English law is not altogether ap..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)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......ade ujusdem generes for the item as has been mentioned as A-G to Section 7(ka) (1) of the Arbitration Act 2001. The interim prayer which has been made by the petitioner has no nexus with the cause of action before the arbitration counsel and as such the petitioner has made out a device for obtaining..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
...... register and stopped the supply of goods, till having positive balance in the said register. Hence the petitioner, finding no other alternative and efficacious remedy against the aforesaid mala fide action if the respondent No. 3, was compelled to file this writ petition and obtained the instant, r..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
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. ...... 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. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......bed of all its efficacy, because then the situation would be that if a fundamental right is threatened to be violated, the Court can injunct such violation but if the violator is quick enough to take action infringing the fundamental right, he would escape from the net of Article 32. That would, to ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......Judge, Dhaka impleading respondent No.6, Abdus Sattar as defendant No.1, alleging practicing of fraud upon the Court in obtaining the said ex-parte order. In the plaint, it was stated that cause of action of the suit arose on the date when the plaintiffs came to know about the order directing the..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......ate further submits that on the facts of the given case section 14(A) of the Emergency Requisition of Property Act, 1948 is not applicable. Learned Advocate further submits that against same cause of action, Title Suit No.224 of 2004 is still pending and further submits that Act of 1948 having died ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
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. ......amus shall surely lie to rectify his orders………………………. (20) A violation of the elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner's government portion of m..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... days from date of the Award;
d) All other conditions remain.
2. The 1st party shall be paid an interest at the rate of 9% per annum on the aforesaid amount from 14-8-2008 (date of cause of action) (vide PB Part-1, page 91 Exhibit-38) till the date of payment.
3. The 2nd Party-Purchas..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 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. ......2009. Judgment Sharif Uddin Chaklader J.- Appeal from Original Decree No.181 of 2010 and Civil Revision No. 4570 of 2009 by contesting defendant having arising out of the self same cause of action and having related to the same property are taken up together and this judgment wou..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ers and officers of the Bank as per Regulations; and e) the Bangladesh Bank having not raised any objection in the petitioner's performing as Managing Director since 1999, such inaction indicates that there is tacit consent by implication to continue such office. 12. Mr. Ro..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......ourt Division allowed that appeal on the findings and decision that the accused-appellant had sexual relationship with the victim girl with her free consent and as such he was not liable to any legal action. 6. Mr. Murad Reza, the learned Additional Attorney General appearing for the State peti..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ercise the power under Article 49 of the Constitution. Similarly, the Court also can not direct the Government how they exercise the power under section 401 of the Code of Criminal Procedure. But the action of the President or the Government, as the case may be, must be based on some rational, reaso..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... statements of Md. Abdul Mannan on the view that if the statements made by him in reply to the show cause notice "were false or untrue he would have been punished by the concerned authority. But no action is reportedly taken against him and he is still in service." We do not see any factual and l..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. ...... appeal are as follows: The sole respondent as petitioner (hereinafter referred to as the petitioner) filed the above mentioned writ petition before the High Court Division challenging the inaction of writ-respondent Nos.1-3, appellant Nos.1-3, herein, in not releasing the goods imported b..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......ant-company as security for the repayment of the loan taken by the accused and those "were consecutively numbered", therefore, those cheques in spite of being dishonoured, could not give any cause of action to the complainant-company to resort to the provisions of section 138 of the Act, 1881, giv..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......nd according to the C.S. and S.A. record and in the R.S. record it was wrongly recorded in the name of the government as khas land, which creates cloud in the title of the plaintiffs and the cause of action arose on 15.1.2009, as such, they filed this instant suit against the government and prayed f..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
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