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H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)

....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: ......al agent in Dhaka, by opening L/C through the respondent No. 4. But when the consignment came to Bangladesh in the petitioner’s factory it appears that majority equipments of machineries are not in order or deficient of required equipment in the machine which was immediately informed to the respon......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: ......ed 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)

....quot; 14. Now, let us see, government papers which is produced before us by the learned Attorney-general through supplementary affidavit. Let us see at first the gazette notification   published on 15-1-1992, as follows:— শাখা নং ১০ বিজ্ঞপ......t, 1948 the suit is barred by limitation. Plaintiff filed written objection against the application filed under Order VII Rule 11 of the Code of Civil Procedure. 6. Learned Judge by the impugned order rejected the plaint. 7. Mr. Mahbubur Rahman, learned Advocate, appearing for the plaintif......e this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......ra Begum by heba-bil-ewaj deed No.3334 dated 12-7-1984 transferred 0.2805 acres of land to his brother, Syed Reaz Selim, who by saf kabala deed 375 dated 22-8-1984 transferred 0.1053 acres of land to one Feroza Haider. On the remaining land by constructing pucca construction, after paying rent regul..

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)

....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.     ......llip;……..Petitioners Vs. The Magura Pourashava and others………………....Respondents Judgment May 24, 2012. Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur w...... of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ourt Division (Special Original Jurisdiction ) Present: Farid Ahmed J Sheikh Hassan Arif J S.M. Zahid Rezvi and others………………..Petitioners Vs. The Magura Pourashava and others………………..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....d for Monthly Pay Order (MPO) list having index No. 422633. Thereafter, on 30-11-2005 he resigned from the said post. 4. After that on 28-9-2010 Principal (in charge) of the said Alaipur College published a notice in the Daily Samokal invited application from prospective applicants for the post......he exercise of statutory discretion. He must direct his attention to matters which he is bound to consid­er. If he does not obey this rule, Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violatio......his Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......nal Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....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.   ...... for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of......pt 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)

....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......il Review 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......e the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another.................Respondents (In Civil..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)

....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......tition No. 4325 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Marzan Abedin, this Rule Nisi was issued calling upon the respondents to show cause as to why the order No. 07 dated 27-7-2006 passed by the learned Artha Rin Adalat No. 4 Dhaka in Artha Execution C......his regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment ..

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)

....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......or the Respondents. Writ Petition No.4879 of 2011. Judgment Tariq-uI-Hakim J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order, dated 24-3-2011 passed by the learned Chairman, Labour Appellate Tribunal, Dhaka (Respondent ......and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ...... High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Faruque J Seven Circle Bangladesh Ltd...........................................Petitioner Vs. Chairman, Labour Appel­late Tribunal, Dhaka and others........Respondents ..

Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......ional sanction. This question should be examined by this Court. 3. The learned Attorney-General has referred 3 decisions passed in WP No. 7353 of 2010, W.P. No. 5391 of 2010 and the judgment and order passed in Criminal Miscellaneous Case No. 34345 of 2010. In all those cases, the points raised......d do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......me Court High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J   Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment M..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought out of enmity in order to materialize the revenge against the accused petitioner cannot be entertained…………...... a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13,..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....ed out of a dispute over the supply, acceptance, installation and commissioning of a Hospital Grade Laundry System (Washing Plant) for 2000 bed facilities at the BSMMU. 3. On 4-9-2009, the BSMMU published a notice in the newspaper inviting tender for procurement of Hospital Grade Laundry System......Miscellaneous Appeal No.23 of 2010. Judgment Khondker Musa Khaled J.- This First Mis­cellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitrati......spondents. First Miscellaneous Appeal No.23 of 2010. Judgment Khondker Musa Khaled J.- This First Mis­cellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Cou......rom the specification of goods given in the first stage tender in a fraudulent manner. However, the claim­ant-Company was ultimately awarded the contract on the basis technical specification mentioned in the first stage tender and corresponding quoted price of the 2nd stage tender by notificatio..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....39; specific case is that before transferring the case land, seller respondent No.3 offered the case land to the pre-emptor on whose refusal, a bainapatra was executed and thereafter, pre-emptee No.1 published a legal notice through his learned lawyer in the local newspaper. As per said legal notice......instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the High Court Division in Civil Revision No.2331 of 2007) Ord......No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No.4. None represented—Respondent Nos.1-3. Civil Appeal No.233 of 2002. (From the judgment and order dated 25th April,2000 passed by the High Court Division in Civil Revision No.2923 of 1994). ...... the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellants. Awlad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No.4. None represented—Respondent Nos.1-3. Civil Appeal No.233 of 2002. (From the judgment ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......st prove; the onus of proof lies on the tenant in a situation where he asserts that he paid rent on time and not a defaulter or where the tenant claim right of occupancy; no payment was made by money orders; payment of rent as made in lump does not help the tenant the mischief of defaulter. Learned ...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ...... The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time te..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....nditions, and one of which was to frame Regulations. Accordingly the Bank promulgated “গ্রামীন ব্যাংক চাকুরী বিধিমালা” which was published in the Official Gazette on 1st March, 1993. 6. Bangladesh Bank Inspection Division-2 ...... Respondent No. 3 (In both the cases) Not Represented-For Respondent Nos. 4-11. (In both the cases) Civil Petition for Leave to Appeal Nos. 640 and 641 of 2011. (From the judgment and order dated 8.3.2011 passed by the High Court Division in Writ Petition Nos.1890 and 1892 of 2011.) ......:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioner..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001.......p;..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Ac...... ..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2003). ......h as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kamol Krishna Das...............................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......ted by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners.  None represented-For the Respondent. Civil petition For Leave to Appeal No.665 of 2009. (From the judgment and order dated the 28th January of 2009 passed by the Administrative Appellate Tribunal in Administra...... This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......(Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam....................................Respondent Judgment ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......eral instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) O......he date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The State..............................................Petitioner Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order Apr..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......he question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extrane­ous consideration...... Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98