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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: ...... 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......ost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

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......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...... also Reported in: 65 DLR (HCD) (2013) 1.     ..

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: ......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 ......ned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..

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......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, ...... Reported in: 65 DLR (HCD) (2013) 143           ..

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...... 233. ...... order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 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..............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.......on. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..

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......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...... This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ..

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. ...... 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...... and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..

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. ...... 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...... upon the question involved in the Rule. The Rule stood abated as a whole by statute and that cannot be re-opened by any Court of law so long the statute remains in force. Lawyers Involved: Md. Jahangir Alam, Assistant Attorney-General—For the Petitioner. AJ Mohammad Ali with Md..

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......eous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another………………&hell...... Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

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 ......risdiction) Present: Md. Rezaul Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judg...... will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

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.     ...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respo......costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

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......(2013) 3 ......2; 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, Advocate-For the petitioner. Md. Shahidul Islam, D.A.G. with Mrs. Suchorita Sen Gupta, A.A.G.-For the Opposite Parties. Civi..

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.................. 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......gned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

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......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 ......ip;……………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiyan, DAG with Mahf..

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

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....is contrary to the provisions of PPA or PPR, only then the provision of the Loan Agreement shall prevail. Other wise, the PPA shall apply in all types of procurement of goods, work or services by the Government under a loan or grant agreement with a foreign organisation or state……&hell......se is also Reported in: 18 BLC (HCD) (2013) 98. ......ecial Original Jurisdiction) Present: Naima Haider J Md. Khurshid Alam Sarkar J Bangladesh Telecommunications Company Ltd and another.............................Petitioners Vs. Review Panel-2, Central Procurement Technical Unit (CPTU) and others..........Respondents ...... to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

....ected persons, do not create a legal right in their favour", "inter Ministerial Communications are merely policy guidelines in respect of certain matters concern­ing the business of the Government. These do not create any legal right in favour of any person to ask for return of unutili...... ......ar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others.....................Respondents Judgment August 7,......ining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ......t shares. These IPO placement shares were purchased through the BO ID No. 1203-6800-1315-6518 of the respondent No.3 engaged in share trading business through his proprietorship concern named Capital Bangladesh, pursuant to a Memorandum of Understanding (MoU) signed on 4-3-2010. The petitioners furt...... (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment ...... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ..

Category: Company Law | Date: 6 Aug, 2012 | Hits: 8

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

.... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secre...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna,......ossain J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others....................................Respondent Judgment ...... This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

....ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others................................ahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam Azad and others ………………….......... This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5