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....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......tten statement from the licensee and after consideration of such written statement, if any. .......... (28)
Notice
Issuance of 15 days notice upon the licensee will have to be made when the terms and conditions of an existing licence are to be amended, substituted, changed or cancelled see......
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
February 13, 2012.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......Assistant Attorney General-for
the Respondents
Writ Petition No. 3134 of 2010
Judgment
AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12.04.2010 was in
following terms:
“Let a Rule Nisi be issued, calling upon the respondents to
show cause as to why s......is Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......e lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over possession of the suit land and thus, the defendant violated the terms of the lease deed, and that the lease was not acted upon. Defendant also instituted Title Suit......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....rough the citations as referred to by the learned Senior Counsel for the petitioner as well as those referred to by the learned Deputy Attorney General. It must be borne in mind that High Court's extraordinary power under its inherent jurisdiction is a residuary power which cannot be called in a......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......y 26, 2012. Result: The petition is dismissed. When any license is issued to any busiÂness enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and conditions attached to the license must be strictly folÂlowed. A claim of violation of fu......hmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgment January 26, 20..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......rd. Section 15 empowers the Court to modify the award and section 16 empowers the Court to remit the award to the arbitrator or umpire for reconsideration upon such terms as it thinks fit. Section 17 is the enabling section which empowers the appellant to prefer an......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......Defendant No.1 is the company and defendant No.2 is its Chairman. On 18-10-2001, defendant No.3 executed an agreement with defendant No.1 to construct a multistoried building on the suit land. As per terms of the agreement, defendant No.3 and defendant No.1 would be the 50/50 owners of the flats to ......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...........Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......d 4.4.2004 at me signature of the respondent No.4, Assistant Director Policy Division, Bangladesh Bank stating as the petitioner failed to fulfill the yearly target of foreign currency transaction in terms of FE circular No. 03/2002 dated 19.2.2002 there was no scope to renew his Money Changer Licen......on (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule i..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......arty, on the other part Reya Builders and Engineers Ltd. a Developer Company as Second Party, for construction of a multi-storied building in holding No. 8/2 Paribagh, Shahbagh, Dhaka. 3. As per terms of the aforesaid contract the construction of a multi-storied building has already been comple......late Jurisdiction) Present: Md. Nuruzzaman J Quazi Reza-ul Haque J Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engineers Ltd................Respondent Judgment January 12, 2012. Result: ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......evidence on record, we are of the view that there is insufficiency of evidence. The poor number of prosecution witnesses who are examined also failed to prove the allegation against the appellants in terms of time, space, manner and person, and there are contradictions in their evidence as well. The......Appeal No.1285 of 2005 And Jail Appeal No.1286 of 2005. Judgment Md. Ruhul Quddus J.- These two appeals under section 420 of the Code of Criminal Procedure are directed against judgment and order dated 27.9.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.2, Jhenaidah in Nar..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... the generosity of the Vendor in not having a termination clause in the agreement, nor pursuing the breach by the Purchaser to conclude the contract within the stipulated time and allowing the Vendor extraordinary latitude in performing her part of the agreement. 25. Performance of reciprocal p......never paid by the Purchaser, and any suggestion that the payment was made to the learned Advocate Salah Uddin within the stipulated period is not supported by the evidence and is also contrary to the terms of the contract, which clearly stipulated that the balance purchase price was to be paid to th...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......ney General-For the Respondents. Writ Petition No.10803 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12th December, 2011, was in following terms: “Let a Rule Nisi be issued, calling upon the respondents to show cause as to why ......gir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Anti-Corruption ComÂmission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ...... the case, instead we are inclined to dispose of the leave petition setting aside the Order passed by the High Court Division. 7. Accordingly, this Leave Petition is disposed of in the following terms:— The impugned Order dated 18-7-2010 passed by the High Court Division in Criminal ......(Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2, 2012. Result: This Leave ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......nt may in exercise of its power under section 5(1)(kha) of the Act of 42 1992 has the option to revive the investigation. 46. In view of the above the Rule is made absolute in the following terms: (a) the investigation of the offence alleged in GR Case No.17 of 1989 of the Court of Ma......per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
....rum created under section 561A of the Code of Criminal Procedure………………………………………..(32)
The extraordinary or inherent powers do not confer any arbitrary jurisdiction on the Court to act or to ......ly as lowestbidder Shandong Ludi's offer was accepted where BCMCL issued a work order amounting to Tk. 335,08,05,382.18 asking Shandong Ludi to execute Bank Guarantee and Performance Guarantee in terms of tender but without executing such guarantee bidder company placed his demand to enhance the......Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………………&..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ority and is of no legal effect and as to why a direction in the nature of mandamus should not be issued to BJMC to re-instate him in his service without unavoidable delay. The Rule was issued in the terms of the prayer. 3. The case of the petitioner as made out in the writ petition was that he...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: Th..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......present Rule. 5. Ms. Nahid Mahtab, the learned counsel for the petitioner after placing the petition and highlighting in particular paragraph 2 of the supplemenÂtary affidavit submits that in terms of section 42(2)(ka) of VAT Act the petitioner have deposited 10% of the demanded amount to ......iction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J JMS Glass Industries Limited…………………………………Petitioner Vs. Government of Bangladesh and others…………………………………….Respondents Judgment December 12, 20..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ndidates who have not submitted their application of their own hand writing and signature. The petitioner in this case did not submit her application in her own hand writing and thus she violated the terms and conditions of the advertisement and for this reason her final selection for the post of as...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.............Petitioners Vs. Saleha Akter........................................Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ...... Rule having been issued for direction to implement the Government decision to declare the petitioners as Second Class Gazetted Officers, the High Court Division erred in law in travelling beyond the terms of the Rules making the declaration that they (writ petitioners) are 2nd Class Gazetted Office......J SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Responden..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ce. I have no option but to observe that the Tribunal has no basic conception of law on the point of admissibly of a statement made by a witness before a police officer which does not fall within the terms of section 32 of the Evidence Act. It cannot be held relevant under section II of the Evidence......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
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