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....Rule Nisi calling upon the respondents
to show cause as to why direction should not be given upon the respondents to
take necessary steps to ensure better medical treatment for the patients in the
Government hospital and why a direction should not be given upon the
respondents not to further inc......
...... Reported in:
......(Special Original
Jurisdiction)
Present:
AHM Shamsuddin Choudhury J
Jahangir Hossain J
Human Rights and Peace for Bangladesh (HRPB) and
others................ Petitioner.
Vs.
Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....esaid outstanding dues for this period. It has been seen that the Bank also did not take any steps for clarifying its position regarding the repayment for the loan either form the company or form the Government during this period which it ought to have. We are, therefore, not in favour of awarding a......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment February 1...... Md. Abu Zafor Siddique J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
.... the proviso to Article 12(1) of the RPO which is quoted below:
(n) personally has failed to pay the telephone, gas, electricity, water or any other bill of any service providing organization of the Government before fifteen days from the day of submission of nomination paper.
51. The provision q......pellant was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30.11.2008.
The second source was a letter issued by the Joint Director of Credit Information Bureau (shortly, CIB) of the Bangladesh Bank, (Respondent No.8) under Memo No. CIB- 1(90)/208-30295 dated 3-12-2008 about enlistm......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C...... for Leave to Appeal here.
Supreme Court
Appellate Division
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment ..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
..... Short facts, relevant for the disposal of the Rule, are that the petitioner company ("Grameen Phone"), through its predecessor Grameen Phone Consortium, entered into an agreement with the Government on 11-11-1996 for installing and running digital cellular mobile radio/phone in Banglades......gh Court Division
(Special Original Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............R......
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.
......t
High Court Division
(Special Original Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others…….........
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
...., a total volume of sale of "PRAN FROOTO" Mango Juice rose at Tk. 4376170 million in four years starting from 2007 accordingly it acquired 82% of the market share paying a good amount in taxes to the Government and therefore, the petitioner is entitled to register its Trade mark under Class-32. But ......Tk. 4376.70 million in four years starting from 2007 and as a matter of fact the "PRAN FROOTO" brand mango juice occupies 52% of the market share of all Fruit juice marketed by different companies in Bangladesh. Upon such circumstances the petitioner prays for the removal of the registered Trade m...... contested by the respondent, the same is disposed of by this judgment.
Facts of the case:
2. It has been asserted in the application that the petitioner is engaged in business of manufacturing and marketing of fruit juice of international quality and launched the product for marketing in the ......2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others........... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others.........................Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012......dul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and ot..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
.... In our humble opinion this has to be put as high as that and should be equated with the conscience of this Court. We are also of the opinion that the Constitution is not for the exclusive benefit of Governments, it is not only for lawyers and politicians and officials and those highly placed. ......e this Court, for reasons best known to them. Accordingly, we have heard Mr. MI Farooqui, who having appeared before this Court refers to Article 7 of the Constitution of the People's Republic of Bangladesh which reads as under:— 7 (1) All power in the Republic belong to the people, a......ported in: 65 DLR (HCD) (2013) 59. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J Tarik Hossain and others...................Appellants Vs. Dulari Begum & Others……………….....Respondents ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....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:......o Reported in:......is Case is also Reported in:......vision
(Special Original Jurisdiction)
Present:
AHM Shamsuddin Choudhury J
Jahangir Hossain J
Human Rights and Peace for Bangladesh (HRPB)....................Petitioner
Vs.
The Mayor, Dhaka City Corporation, City Corporation Bhaban,
Ramna, Dhaka, Bangladesh and o..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....stration of the Waqfs, etc. Section 28 deals with general powers and functions of the Committee, which consists as per section 20, the Administrator as chairman and ten members to be appointed by the Government, of whom, one shall be a mutawalli of the Shia Sect, three from the mutawallis of Sunnis ......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. ......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......sp; 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………………………&he..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
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. ......na J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgment ......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...... Nazmun Ara Sultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respo..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....ason for setting aside the award before making the award Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Government of Bangladesh Vs. Samir and Co., 28 DLR (AD) 21; M/s Awan Industries Ltd. Vs. Executive E......ng aside the award before making the award Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Government of Bangladesh Vs. Samir and Co., 28 DLR (AD) 21; M/s Awan Industries Ltd. Vs. Executive Engineer, Lined......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...... Md. Imman Ali J Md. Shamsul Huda J MN Alam Associated Ltd......... ……………….Appellant Vs. Chairman, Rajdani Unnayan Kartripakkhaya…………R..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... property was not enemy /vested property and, as such, the property may be released from the category of Vested Property, Against that judgment and order of the Member of Bhumi Appeal Board, the Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chapai......6368 acre of land and the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the then East Pakistan and thereafter in Bangladesh all the time and possessed his 0.6368 acre of land of the suit plot along with other land......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
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. ......t Nos.1 and 2 for the signature of defendant No.3 on the tripartite agreement and every time defendant No.2 repeated that the owner of the suit land was outside the country and the moment he comes to Bangladesh, he will get the agreement signed by him on taking the balance money and would also regis......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...............; Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......e Division in leave Petitions and in a summary manner, that cannot be treated or considered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. We are also unable to accept the said submission of the learned Advocate for the petitio......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....ds were released. 7. On 14-11-2006 the appellant under section 193C of the Act made an application to the Review Committee for review of the CRF issued by the pre-shipment agent appointed by the Government under section 28A. After hearing the parties, the Review Committee rejected the applicati......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
.... 1992 served on him then perhaps the appellant's case could not have been assailed on the ground of violation of the principle of hear the other side or fair hearing. After hearing the respondent the Government could have omitted his name from the notification as it was done in a number of cases. Th......igh Court Division (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:......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......rt High Court Division (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. ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........ High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………&h..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....ged by the petitioner and the respondents, the learned Advocate Mr. Masood R. Sobhan further argued that the cancellation of the project site by the Bangladesh Railway during the period of Care Taker Government of 2006-2008 was considered by the Arbitral Tribunal as illegal and awarded or an alterna......any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hotel within the territory of Bangladesh, on the ground stated therein. 2. Upon admitting the application under Section 7(a) of......ined by an order from entering into any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hotel within the territory of Bangladesh, on the ground stated therein. 2. Upon admitting t...... is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10,......Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, 2012. Re......the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 dated 6-9-2011 by not releasing the same shall not be declared to have b......Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment Ja..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......afely rely upon the decision of an unreported case of Arifuzzaman Vs. State and another, passed in a criminal petition for lease to Appeal No.514 of 2010 of the Appellate Division of Supreme Court of Bangladesh. 18. In the light of the above findings we are of the opinion that there is no merit i...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012....... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment Janu..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
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