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

....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. ......e miscellaneous cases, submits that all the Directors and the chairman of the company have been implicated as accused in the instant case and that notice was served upon accused Nos.1-3 and, as such, service of notice upon the three Directors amounts to service of notice upon the company and in that..

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

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

....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. ......e same notice was used to bring allegation under section 27(1) as well, such offence cannot be dealt with sepa­rately. Consequently, the impugned proceeding as a whole is liable to be quashed for service of illegal notice under section 26(1) of the Anti-Corruption Commission Act, 2004 and, as su..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

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

.... sections 55(3) and 24 and also by virtue of the inherent power of the Commission of BTRC which was duly communicated to the MoPT who accordingly approved the said amendments (Annexure-2 at page 7 of Supplementary Affidavit dated 11 July 2012 by BTRC). He also submits that the amount as requested to......r as per Article 40 of the Constitution of the People’s Republic of Bangladesh without interruption since there is an implied covenant that the petitioner’s right provide mobile operating service can not be interrupted by way of imposing unreasonable and discriminatory fee in violation o..

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)

.... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......ted 12.04.1978 is illegal, without jurisdiction, ineffective and not binding upon the plaintiff and also for a direction to the defendant-opposite parties to reinstate the plaintiff-petitioner in his service and post with all arrear salaries, seniority, facilities and benefit in accordance with law...

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

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

....f 'Kha' list at serial No.7. On query the writ petitioners also came to know of the said fact. The writ petitioners filed two separate applica­tions both under section 12 of the Abandoned Buildings (Supplementary Provisions) Ordi­nance, 1985 to the concerned authority of the Ministry of Housing an......bdul Matin Khasru, learned Senior Advocate for respondent No.1 has cited the case of Bangladesh, represented by the Secretary, Ministry of Works and others (ibid) in which it has been held that prior service of notice for enlistment of the building as aban­doned property is a condition precedent an..

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 ......ppeal) and then to the taxes appellate tribunal the assessee-applicant upon formulating aforementioned the question filed the instant Income Tax Reference for an opinion from this court. 7. Upon service of the notice the learned Deputy Attorney-General' Mr. Abdur Rahim Bhuiyan, appeared on ..

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

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

....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. ......Agreement which 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..

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)

....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. ......on. The petitioners were appointed on the basis of the decision taken by the Biman on 13-10-1996 as appeared in the office note stated in paragraph 3 of the writ petitions and subsequent­ly their services were extended from time to time on the basis of the decision taken by the authori­ty of..

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

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. ......tment in public employment. (iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfacto..

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. ......tment in public employment. (iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfacto..

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

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

....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. ......at that time told accused Yasin Rahman @ Titu that he would look for a terrorist. In his confes­sional statement accused Didarul Alam stated further that he got addicted on hero an after quitting service in January, 1999 and used to go to the "heroin addakhana" of Jahangir of Rajakhali..

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

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......n dated 9th June, 2005 and the said amount was subsequently reduced to Taka 1,628.96 on 30th June, 2005. The said tariff value has been fixed for the programmed SIM/RUIM Card treating the same as a service. By SRO No.159 dated 9th June, 2005 the previous SRO No. 170 dated 8th June, 2000 was amend..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......hat the petitioner claims relief on the basis of recitals of the agreement whereas the respondents deny his entitlement of the strength of the very terms and conditions of the agreement passed into a service by the petitioner. It is appro­priate to notice that the case in hand does not repre­..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......s started as per Rule, 42 (Ka) of the Tenancy Rules 1959 on the plea that Plot Nos.1685, 20707 of Khatian No.1560 was recorded in the name of some individuals. The Revenue Officer, thereupon, after service of notice directed for recording 48.26 acres of land of R.S. Plot Nos.4233, 4234, 4235 and..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......aring the impugned order to have been issued without lawful authority. 2. Writ petitioner was appointed as an auditor in the Thana Accounts Office, Chakaria, Cox's Bazar who was dismissed from service under section 4 (a) of the Government Servants (Special Provisions) Ordinance, 1979 on the ..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......was admitted and numbered, the summons thereof in Form No.4 in Appendix B of the Code was duly served upon the defendant-Bank on 21.09.2005 summoning it to obtain “from a Judge, within 10 days from service; leave to appear and defend;” the suit with the warning that its defaults to obtain such l..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ovided the qualifications and requirements for obtaining the stevedoring license. However, the employer (i.e., Master or Owner or Charterer or Agent of vessels) paid the charges for the stevedoring services. 6. Regulation 2(80) of the Regulations (prior to the impugned amendment), however, ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20