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

....aring on 26-4-1987. 7. It transpires from the record that the revisional application is pending since long before and the subject matter of this application relates to questions of facts and the legal matters are involved in the case. However, since the Rule is of 1987, the matter is pending fo......hs from the date of receipt of this judgment without any fail. Communicate this judgment and 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

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

.... 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 the suit land but they are not performing th......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ..

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

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....Eastern Branch, Chittagong on 17-1-2007; but the said cheques were again dis-honoured and returned unpaid for insufficient fund. Subsequently, after bouncing of the cheqties, the complainant issued a legal notice upon accused Nos.1-3 for payment of cheque-amount; but they did not pay any heed to the......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

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

.... Rojot got the suit land by way of settlement from original owner Manikko Sundory. It was the plaintiff case that after their purchased they went to pay rent and came to learn that the property was illegally recorded as vested property. 6. The defendant petitioner being the Government of Bangla......suit should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 11-6-2005 directed the parties to maintain status quo in respect of possession in the suit land. 3. The Rule is taken up for hearing. Mr. ..

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

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

.... Act was void and no notice in the eye of law as the accused was detained in jail custody at that time having no scope to check-up details of his assets on examination of records and consult with his legal counsel. In consequence of detention order dated 5-7-2007 under the Special Powers Act, 1974, ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. 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)

.... plaint of Title Suit No.189 of 2011, the plaintiff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minutes of 189th board meeting were illegal, and the plaintiff has obtained an interim order of injunction on 18-8-2011 from the court bel......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. ..

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

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

....he relevants evidence, other materials on record together with the attending facts and circumstances of this case as well as the provision of law to ascertain whether the Tribunal has committed any illegality or abuse of process of the law in passing the judgment and order of the conviction and sent...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

.... Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871 of 2007. Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant has challenged the legality and propriety of the judgment and order of convic­tion and sentence dated 20-6-2007 pas......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....ciple of law that quashment under section 561A of the Code of Criminal Procedure is possible in cases of (a) facts alleged not constituting any offence (b) bar of law (c) coram non judice (d) lack of legal evidence adduced and for ends of justice. None of the conditions referable to (a), (b) and (c)......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

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

....ectrum in 2008 (2.6 MHz 1800 band) and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2.  Brief facts, necessary for the disposal of this Rule, are as follows:&md......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to 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)

.... of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.1 vide Memo No.74-11/4D-1/77 dated 12.04.1978 is illegal, without jurisdiction, ineffective and not binding upon the plaintiff and also for a direction......hip between the Government and its servant is not like an ordinary contract or service between a master and servant. The legal relationship is something entirely different, something in the nature of status. It is much more than a purely contractual relationship voluntarily entered into between the ..

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

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

....s the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal effect. 7. Being aggrieved by and dissatisfied with the enlistment of the disputed house ......the Rule absolute. Accordingly, the appeal is allowed and the impugned 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)

.... No. 233 of 11 the following questions of law has been formulat­ed by the assessee-applicant Padma Oil Company limited, for an opinion from this court; "Whether the learned tribunal was legal­ly justified to confirm the assessment com­plete under section 83(3)/82c of the Income......e: 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 publicly traded company, incorporat­ed under the Companies Act, 1994. The assessee..

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

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

....ies or donor agencies under any Loan Agreement. He further submits that JICA has already given their concurrence to the pre-qualification of two Companies only and, as such, at this stage there is no legal scope on the part of any Review Panel to pass any direction upon BTCL to treat NETAS as a pre-......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as 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)

....oners were engaged in casual services against vacant posts, the Biman, in order to regularize those posts, made advertisements in the National Dailies and thus, the petitioners were deprived of their legal rights to be appointed in the permanent posts. The petitioners had been successfully performin......d as permanent in their respective post and places where they had worked since the date of their joining 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)

....y of the same. The main contention of the respondent No.3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to sup...... 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.     ..

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)

....subject to availabil­ity of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......ng. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an officer and employee whose rank and status does not relate to the posts advertised by the impugned notifications on the day of its publi..

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)

.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......ng. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an officer and employee whose rank and status does not relate to the posts advertised by the impugned notifications on the day of its publi..

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

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

....paid Taka 1, 89,000 to the defendant and only Taka 11,000 remained as balance. As the defendant did not execute and register the kabala on receipt of the balance consideration, the plaintiff served a legal notice on him on 16-6-1984 with the request to execute and register the kabala within 7(seven)...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....e separate judgments prepared by Surendra Kumar Sinha, J and Nazmun Ara Sultana J. - I agree with the judgment delivered by Nazmun Ara Sultana, J. 2. Surendra Kumar Sinha J. - In this appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Tit......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36