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

....the Petitioner. Imtiaz Mahmod, Khandaker Reza-e-Raquib, Imranul Kabir and Mejbahur Rahman, Advocates—For the Respondent No.1. Murad Reza, Additional Attorney-General, SM Moniruzzaman, Deputy Attorney-General, Pratikar Chakma, Assistant Attorney-General—For the Respondents. ......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.     ......hury, Advocates—For the Petitioner. Imtiaz Mahmod, Khandaker Reza-e-Raquib, Imranul Kabir and Mejbahur Rahman, Advocates—For the Respondent No.1. Murad Reza, Additional Attorney-General, SM Moniruzzaman, Deputy Attorney-General, Pratikar Chakma, Assistant Attorney-General&mdash......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 the Code of Civil Procedure and obtained the Rule. 6. Mr. P.C. Guha, the learned Advocate appeared on behalf of the plaintiff-respondent-petitioner while Mr. Md. Shahidul Islam, the learned Deputy Attorney General and Mrs. SuchoritaSen Gupta, the learned Assistant Attorney General appeared...... 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 ...... Civil Procedure and obtained the Rule. 6. Mr. P.C. Guha, the learned Advocate appeared on behalf of the plaintiff-respondent-petitioner while Mr. Md. Shahidul Islam, the learned Deputy Attorney General and Mrs. SuchoritaSen Gupta, the learned Assistant Attorney General appeared on behalf of th......seniority, facilities and benefit in accordance with law. The respective case of the plaintiff-petitioner is such that he is a citizen of Bangladesh by birth who was born at village-Chalitabari under Police Station-Kotalipara, District: Gopalganj (formerly Faridpur) and a permanent resident of the s..

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

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

....8 DLR (AD)10; CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Bangladesh, represented by the Secretary, Ministry of Works Vs. Helal Uddin, 4 MLR (AD)140. Lawyers Involved: Rajik-al-]alil, Deputy Attorney-General, instructed by Zainul Abedin, Advocate-on-Record-For the Appellant. Abd......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. ......MH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Bangladesh, represented by the Secretary, Ministry of Works Vs. Helal Uddin, 4 MLR (AD)140. Lawyers Involved: Rajik-al-]alil, Deputy Attorney-General, instructed by Zainul Abedin, Advocate-on-Record-For the Appellant. Abdul Matin Klwsru,......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)

..... 405/2009 and for the assessment year 2008-2009 involved in the Income Tax Reference Application No. 233 of 2011 showing an income of Taka. 17, 82, 23,252 and 33, 78, 43,603 respectively, before the Deputy Commissioner of Taxes (DCT), company circle-8 taxes zone-2, Chittagong. 5. But the conce......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 ....... Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiyan, DAG with Mahfuza Begum, Assistant Attorney-General—For IT Department. IT Reference Application No. 405 of 2009 With IT R......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 ..

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. ......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. ......P-53 for implementation of a project under the title "Telecommunication Network Development Project". As per the said Loan Agreement, the Guidelines for Procurement and Section 4.01. of the General Terms and Conditions pertaining to the employment of consultants shall be as stipulated in P......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)

....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. ......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. ......4th/5th time and lastly was extended until 18-4-2004. The petitioners quoted the relevant provision in respect of the academic qualification for the 'overhaul and other trades', issue No.4 of General Engineering Manual of Biman Bangladesh Airlines provides:— “Volume-1 C......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

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....by them in court appears to be credible after sifting................................(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For th......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ...... appears to be credible after sifting................................(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. ......sp; The facts, leading to the filing of this criminal petition for leave to appeal, in short, are that on 15-11-1993, informant Md. Ismail Hossain lodged First Information Report (FIR) with Bhangoora Police Station under sections 302/34 of the Penal Code. 3.  Prosecution case, in short, is..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

....sorption in the revenue budget by phases if they have requi­site qualifications subject to availabil­ity of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners......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. ......revenue budget by phases if they have requi­site qualifications subject to availabil­ity of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners. Md. Aftab......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. ..

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)

....ect to availability of vacancies according to their seniority. Cases Referred to- Civil Petition Leave to Appeal No.1781 of 2011 = 17 BLC (AD) 91. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners...... 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. ......ity of vacancies according to their seniority. Cases Referred to- Civil Petition Leave to Appeal No.1781 of 2011 = 17 BLC (AD) 91. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners. Md. Aftab...... 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. ..

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

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

.... August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Shohrowardi, Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Shohrowardi, Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. ....... The facts, leading to the filing of this criminal petition for leave to appeal, in short, are that on 15.11.1993, informant Md. Ismail Hossain lodged First Information Report (F.I.R) with Bhangoora Police Station under sections 302/34 of the Penal Code. 3. Prosecution case, in short, is that..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....e the peo­ple from any agony of the abuse of the process of the Court and also is designed to do substan­tial justice.........................(4) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......e from any agony of the abuse of the process of the Court and also is designed to do substan­tial justice.........................(4) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Md. Tafique H......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

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

....ivision held that the fact of absconding of Amir Hossain cannot be taken as corroborating evidence against him observing that "I fail to understand why these cases have been cited by the learned Deputy Attorney-General seeking corroboration in this case of the confessional statement of Sattar M......t only that as per the requi­sition of IO Abdul Kader Khan he supplied the informations regarding ownership of the car bearing No.Chattra Metro-Ba-02/0951. 160. P.W.27 Mizan Md. Ferdous, Sub-Inspector of police filled up the FIR form and he deposed to that effect only. 161. P.W.28 Md. ......volved: Anisul Haque, Senior Advocate (Fazlee Noor-Taposh, Advocate with him) instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Appellant. MK Rahman, Additional Attorney-General (ASM Nazmul Haque, Assistant Attorney-General and Mohsin Rashid, Advocate with him) instruct......tatement of P.W.48 that he ascertained that the appellant talked with Alamgir on the day of occurrence. 58. Now turning to Exhibit XI, a letter said to have written by Mr. Joydeb Mojumder to the Police Commissioner which is used as another circumstantial evidence. In course of cross-examination..

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

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

....SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, with ASM Moniruzzaman, Deputy Attorney-General with Sk Shaifuzzaman (Zaman) Assistant Attorney-General), instructed by Mad......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. ......Vs. Union of India, 1981 (Supp) SCC 87; Janata Dal Vs. HS Chowdhury, (1992) 4 SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, with ASM Moniruzzaman, Deputy Attorney-Gener......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. ..

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.       ......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

MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)

....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......cribers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to form quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It further appears t......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..

Category: Company Law | Date: 31 Jul, 2012 | Hits: 16

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

....Khan, Shamim Ahmed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umme Salma, Advocates—For the Respondent No.2-4 (In writ Petition No. 3904 of 2009) Rajik Al Jalil, Deputy Attorney-General—For the Respondent No.2-4 (In writ petition No. 3877 of 2009) Wri......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 ......ed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umme Salma, Advocates—For the Respondent No.2-4 (In writ Petition No. 3904 of 2009) Rajik Al Jalil, Deputy Attorney-General—For the Respondent No.2-4 (In writ petition No. 3877 of 2009) Writ Petition No. 3......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 ..

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

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......e judgment and order dated 03.01.2006 passed by the learned Additional Sessions Judge, Lakshmipur in Sessions Case No.20 of 2003 arising out of G.R. Case No.1147 of 2001 corre­sponding to Lakshmipur Police Station Case No.37 dated 19.12.2001 convict­ing this accused appellant under section 302 of ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....ject to the requirement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate-on-Record—For the Petitioner. Mv......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......irement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate-on-Record—For the Petitioner. Mvi Md. Wahidullah......ing of an application under section 561A of the Code of Criminal Procedure summarily. 2. Over an occurrence alleged to have been committed on 19th May, 2009, an FIR was lodged with the Mohammadpur Police Station on 31st May for alleged commission of offences punishable under different sections of..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

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 ...... Dhaka-4) Vs. State and another, reported in 62 DLR (AD) 233 and the case of Faridul Alam Vs. State, reported in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a p...... is also stated that the delay was caused in collecting Chairman Certificate. 3. Upon receipt the petition of complain, the learned Magistrate sent the same to the Officer-in-Charge, Moulvibazar Police Station, for enquiry and report. After holding inquiry police submitted a report on 23.10.200..

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

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....o charge and be acquitted from the charges. The appellant Md. Ishaque Ali be set at liberty at once if not wanted in any other case. 78. Let the advance order of release from jail be sent to the Deputy Commissioner, Meherpur, Jailor, Meherpur and District and Sessions Judge, Meherpur. Send......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......Vs. State reported in 1985 BLD 84, the case of State Vs. Lalu Miah reported in 39 DLR (AD) 117. 23. Mrs. Yesmin Begum Bithi appearing with Mr. Kazi Ebadat Hossain, the learned Assistant Attorney Generals for the State submits that the accused-appellant made a confessional statement under sectio......ting theft It was further stated in the F.I.R. that when the occurrence took place other inmates of the thief fled away though the FIR of the accused was filed much earlier than that of the P.W.1 the Police ought to have consider the FIR. The First Information to the police is the First Information ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9