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Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... each district and Sub-division. (3) A management Board shall consist of members as may be determined by the Govern­ment. The scope and functions of the Board shall also be determined by the Government. Rule 10 of the aforesaid Rules provides as under; 10. Management of the Proper...... Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner is a businessman who was elected Secretary-General of Bangladesh Association of International Recruiting Agencies (in short BAIRA) in the year 2004-2006 a......ision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgment ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......ivision (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ra......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th......h Court Division (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretaria..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     November...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment   &..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......pped, they have been heard together and are disposed of by this common judgment.  Civil Petition No. 648 of 2010: 2. Facts giving rise to this leave petition are that respondent No.2, Bangladesh Shilpa Bank (hereinafter referred to as the Bank), filed Miscellaneous Case No.23 of 1997...... Appellate Division (Civil) Present:  Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J  Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others....................nbsp; Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J  Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....e and the Rule is liable to be made absolute. 7. The learned Advocate further submits that the Corporation issued no new licence to any Rickshaw to run on the streets of Dhaka after 1999 but the Government and the Corporation are working together to undertake a policy thereabout but the suit fi......regarding " rick­shaw" within 4(four) months from the date of receipt of this judgment and order and also direct­ed to submit a joint report to the Registrar of the Supreme court of Bangladesh within 2 months from date of receipt of the judgment and order. The following guidelines ......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petition­ers, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the oppo­site party to show cause as to why t......ivil Revisional Jurisdiction) Present: Md. Moinul Islam Chowdhury J       Mayor, Dhaka City Corporation...................................Petitioner Vs. Dhaka Metropolitan Rickshaw Samity..........................Opposite Party Judgment&nb..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....urt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment  ......urisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment   October 16, 2012. Result: ......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgme..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....net Minister of Ministry of Energy and Mineral Resources and Home Affairs during 1991-1996. He was also the Cabinet Minister of Health and Family Welfare dur­ing the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested o......her order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule may be, briefly, stated as follows: The petitioner is a Member of the Standing Committee of Bangladesh Nationalist Party (BNP) since 1994. He was elected Member of Parliament several times fro......1.     ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Dr. Khandaker Mosharraf Hossain..........Petitioner Vs. State and another………………………&h..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

....ment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ...... to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......il) Present: Md. Moinul Islam Chowdhury J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka and others……………………………………………Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October ..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......4, 2012. Result: The petition is allowed. Cases Referred to- 54 DLR 583;53 DLR 81; 54 DLR 28; 61 DLR AD 82; 54 DLR 306; 61 DLR (AD) 82; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank Ltd., 50 DLR 597. 50 DLR (AD) 138. Lawyers Involved: Jashimudttin Ahmed, Advoca......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J  Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J  Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)

....der I, rule 10 by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in the original suit and also directed the plaintiff petitioner to add the Government of Bangladesh as a defendant. 5. being aggrieved by and dissatisfied with the afores...... by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in the original suit and also directed the plaintiff petitioner to add the Government of Bangladesh as a defendant. 5. being aggrieved by and dissatisfied with the aforesaid judgment a......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice...... 233. ..

Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3

Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)

....ertained amount, more so when the claim for payment of the bill amount was made in the absence of allocation of any amount made in favour of the respondent in accordance with the usual process of the Government”. 6. Mr. Abdus Salam Mondal, the learned Deputy Attorney General appearing on ...... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das..............ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.........................uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.......................Respondent Judgment October 10, 2012...

Category: Others | Date: 10 Oct, 2012 | Hits: 144

Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)

....he suit land vide VP Case No.15/1968 was brought to the notice of the court by defendant Nos.21 and 22 of Title Suit No.189 of 2001. 7. Against the said judgment and decree dated 12-10-2002, the Government did not bother to prefer an appeal in time and, after 1388 days, when an appeal was prefe......ctober 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in......HCD) (2013) 68.     ......High Court Division (Special Original Jurisdiction) Present: Naima Haidar J Md. Khurshid Alam Sarkar J Lal Mia and another..................................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2..

Category: Property Law | Date: 8 Oct, 2012 | Hits: 8

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....on 6 of the Criminal Law Amendment Act, 1958 (the Act, 1958) before taking cognizance, the Special Judge, first of all, was, required to comply with the provisions thereof by addressing letter to the Government immediately on receipt of the police report to accord, sanction to prosecute the accused ...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......d. Shamsul Huda J  Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment  October 8, 2012.  Result: Th...... Syed Mahmud Hossain J  Muhammad Imman Ali J Md. Shamsul Huda J  Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents J..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

.... record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ......ported in: 18 BLC (HCD) (2013) 231. ......(Civil Revisional Jurisdiction) Present: Shahidul Islam J Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner Vs. Dr. Prodip Kumar Roy and others…………………Plaintiffs Judgment Oct...... High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner Vs. Dr. Prodip Kumar Roy and others…………………Plai..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....e Ministry, Prime Minister and Vice-President. He is an elected member of the Parliament and member of the Standing Committee of the Bangladesh Nationalist Party (BNP). During the last care­taker Government, he was arrested on 13-4-2007 and a case was started against him under section 25B of the......ding hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible posts of the Govern­ment including Deputy Prime...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-......eous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another………………&hell..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......n) Present: Md. Rezaul Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment ......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......risdiction) Present: Md. Rezaul Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judg..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....nt License pursuant to the Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933 for the specific frequency assignment of the radio base station and the equipment/mobile sets. 4. Thereafter, Government for the estab­lishment of an independent commission for the purpose of development an......) 148.     ......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respo..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....DLR (AD) 33; Doctor Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Bangladesh Vs. Professor Golam Azam and others, 46 DLR (AD) 192; Bangladesh Vs. Rehana Kamal and others, 32 DLR 160 Asit RanjanSen Vs. Government, 56 DLR (AD)1 Lawyers Involved: P.C. Guha, Advocate with SamiranMallik, Advocat......tice and Parliamentary Affairs and others.......................Defendant-Opposite Parties Judgment August 8, 2012. Result: The is made absolute. Cases Referred to- Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 34 DLR (AD) 173; Principal, Chittagong......n (Criminal Appellate Jurisdiction) Present: Soumendra Sarker J Jnanendra Nath Barai ..................Plaintiff- Petitioner Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others.......................Defendant-Opposite Parties Judg......(2013) 3 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

.... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangla­desh, represented by the Secretary, Ministry of Housing and Public Works, Bang...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangla­desh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another..................d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangla­desh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a...... Md. Imman Ali J Md. Shamsul Huda J Government of Bangla­desh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another..........................Respondents Judgment August 8, 20..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......ed the commission income assessable under section 83(2)" Facts of the case: 3. It has been asserted in both applications that the assessee-applicant is a subsidiary compa­ny of the Bangladesh petroleum corporation, operating under the ministry of petroleum having status of the pub...... IT Reference application No. 233 of 2011 With Rule No.198 (ret) of 2011. Judgment AFM Abdur Rahman J.— Both these Income Tax Reference Application being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the......Court High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J FRM Nazmul Ahsan J Padma Oil Company Ltd..................Assessee-Applicant Vs. Commissioner of Taxes...…………………Respondent ..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5