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Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represented—For the Respondent. Civil Petition for Leave to Appeal No.736 of 2009. (From the judgment and order dated 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of 2004). ...... 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of 2004). Judgment Syed Mahmud Hossain J.- This civil petition for leave to appeal is directed against the decision dated 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....iaz
Muhammad, Senior Advocate instructed by Md. Zahirul Islam,
Advocate-on-Record—For the Respondents.
Civil Petition for
Leave to Appeal No.1170 of 2012.
(From
the judgment and order dated 02.02.2011 passed by the High Court Division in
Writ Petition No.3479 of 2009.)
Judgment......rs filed an application to the
concerned authority for inclusion of their names in place of their deceased
father and the other lessee Syed Muhammad Ullah and that application is still
pending for decision.
4.
That the Assistant Commissioner (Land), Companygonj, Sylhet in violation of the
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Appeal No. 126 of 2007. (From the judgment and order dated 01.09.2004 passed by the High Court Division in Writ Petition Nc.2248of 2002.) Judgment ......e petitioner along with charges were vague, that the enquiry officer in conducting enquiry did not take into consideration some very important facts and circumstances and as such arrived at a wrong decision and that the impugned dismissal order was issued in hot haste without giving reasonable..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....ted by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos.2-10. Civil Review Petition No. 45 of 2012. (From the judgment and order dated 14.02.2012 passed by this Division in Civil Appeal No.27 of 2011). Judgment Syed Mah......ication. He has contended that there is no cause of action to file this case and that the case was not maintainable as respondent No.1 did not prefer any appeal to the Election Commission against the decision of the Returning Officer taken on 4-12-2008 accepting the nomination paper of the petitione..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
.... Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal Petition for Leave to Appeal No.271 of 2009 (From the judgment and order dated 19.4.2009 passed by the High Court Division in Criminal Miscellaneous Case No.16207 of 2007.) ......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....e Tax Reference Application No. 90 of 2003. Judgment Zinat Ara J. — This Income Tax Reference application under section 160(1) of the Income Tax Ordinance, 1984 arises out of an order dated 8-12-2002 passed by the Taxes Appellate Tribunal, Division Bcnch-3, Dhaka in Income Tax Appeal......ction 28(4) of the Ain, 2003 is not applicable and the provision of section 28(3) of the Ain, 2003 is applicable...." (Bold and underlines emphasis supplied) 20. Although the aforesaid decisions are relating to a writ petition but the principle as laid down in the said decisions is al..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Respondent. Criminal Appeal No.6 of 2005 with Jail Petition No. 8 of 2003. (From the judgment and order dated the 19th day of May, 2004 passed by the High Court Division in Criminal Appeal No.2967 of 2002......ip;………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.2967 of ..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)
....ication service provider (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmissio......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: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....
Md. Akram Hossain Chowdhury J.—On an application under article 102 of the constitution this rule nisi was issued calling upon the respondents to show cause as to why the impugned order dated 18-3-2007 passed by the Respondent No. 3 demanding Taka 87,14,891.68 as VAT alleging to be les...... the petitioner submits is now liable to be set-aside and to be declared illegal and without any lawful authority. The learned Advocate for the petitioner
in support of his submissions cited the decisions in Chittagong Cement Clinker Grinding Co. Ltd. Vs. Chairman National Board of Revenue and ..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....ule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issued by the respondent No.1 (Annexure-A) directing the respondent No.7 to prepare ......ame was not ultimately selected by the Advisory Committee and excluding his name the Committee sent the panel of 3 (three) other candidates to the Ministry under rules 6(5) of the Rules, 2009 for its decision. The respondent No.1 vide the impugned order dated 26-7-2010 (Annexure-A) cancelled the sai..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....ion of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession………………………….(21) Lawyers Involved: Osman Gani, Adv......e and possession in the suit land by their alleged purchase; rather the plaintiffs purchased litigation, so the appellate Court and the High Court Division erred in law resulting in an error in the decision occasioning failure of justice in decreeing the plaintiffs' suit. The appellate Court witho..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No.48 of 2004. (From the judgment and order dated the 17th day of April, 2002 passed by the High Court Division in Civil Revision No.3512 of 199......lleged title by virtue of alleged purchase from Dolly Rani Sen alias Dolly Rani Roy but not from the testator Harendra Kumar Sen and, as such, they are precluded from being added as Party in terms of decision reported in 31 DLR(AD) (sic), it would be 33 DLR 254 and BLD 1980 (AD) (sic), it would be B..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....;For the Respondent No.1 (In Civil Appeal No.89 of 2000). None Represented—For Respondent Nos. 2-3 (In all appeals). Civil Appeal Nos. 89-93 of 2012. (From the Judgment and Order dated 7-4-1997 passed by the High Court Division in Writ Petition No.1660-1663 of 1997 and the judgm......o the enforcement of the fundamental rights as conferred by Part III of the Constitution of Bangladesh. 20. We shall have to examine the case laws to find out whether this Court has affirmed the decisions of the High Court Division disposing of writ petitions by granting any award of monetary c..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, 2010 passed by the High Court Division in Writ Petition No.3229 of 2004)......l No.11 of 1990, who by his order dated 08.03. 1994 allowed the appeal and sent Case No.19 of 1987 back on remand to the Assistant Commissioner (Land), Tejgaon Circle, Dhaka for reconsideration and decision. The predecessor-in-interest of petitioner No.1, late Moqbul Ahmed, moved the Additional D..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
.... the company AQUA CULTURE FARMS LIMITED, on the ground stated therein. 2. The learned Advocate Mr. A.K.M. Fazlul Hoque, appearing on behalf of the petitioner, submits that by way of resolution dated 29.12.2011 the company AQUA CULTURE FARMS LIMITED in an extra-ordinary general meeting decide......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ing them from encashing the L/C amount. Thereafter, the respondent No.1 through e-mail assured the petitioner that they have advised their bank to return back the L/C money to the petitioner but till date it has never been returned to the petitioner for which the petitioner filed another application......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....st Appeal No.343 of 2011 with Civil Rule No.722 (F) of 2011. Judgment Sharif Uddin Chaklader J. - This appeal at the instance of the plaintiff-appellant directed against judgment and decree dated 17-8-2011 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of......টার্স। 16. This is definite land and to find this land within the acquired land, a thorough investigation is required which can be done on holding trial. We may refer to some decisions as regard application of Order VII Rule II of the Code of Civil Procedure. All these decis..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....pplication, by the respondent No. 1 Magura Pourashava, for vacating the order of stay passed at the time of issuance of the Rule on 09.04.2012. 2. In this matter, petitioners challenged the memo dated 2.4.2012 issued by respondent No.1 (Arinexure-D series) directing the petitioners to vacate th......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....numbered as Other Class Suit No.27 of 1996. The Government as defendant No.1 contested the suit by filling written statement and after conclusion of trial learned Assistant Judge by his judgment dated 29-6-1996 (decree signed on 7-7-1996) decreed the suit (Annexures A and A1). Against the judgm......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....iew Petition No.11 of 2012) Civil Petition for Leave to Appeal Nos.872, 875, 877-881, 884-891 of 2010. With Civil Review Petition Nos.6-11 of 2012. (From the judgment and order dated 2.6.2009 the High Court Division in Writ Petition Nos.7655, 8730, 1089, 1090, 1091, 2115, 385,......mpugned orders of termination can not be declared illegal. IV. Because in deciding the instant cases on the point of termination the High Court Division has failed to take into consideration the decision reported in 43 DLR (AD) page 154". 10. Security of Tk. 1,000/- for each case is to be ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
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