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

.... and in its report submit­ted on 31st December, 1999 it was pointed out in paragraph 20.4 that Prof. Muhammad Yunus and Mr. Md. Khaled Shams had been performing as Managing Director and Deputy Managing Director respectively who had attained the age of superannuation as they had exceede......ya provides "No member of such a service as aforesaid (the police service is one of these) shall be dismissed or reduce in rank without being given a reasonable opportunity of being heard". Inspector Kanda was dismissed on 7th July, 1958. In the context of the matter, it was observed "......ngladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (1962) AC Pri......d". 47. In Kanda Vs. Government of Federation of Malaya, 1962 (AC) 322, two men were charged in the Supreme Court at Penag with uttering forged lot­tery tickets. The prosecution failed? Police officers as witnesses gave false evidence in trial. The two accused men including inspector K..

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. ......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. ...... favour of the 1st party. Subsequently by amending the agreement the arbitration clause was incorporated. d. Thereafter, a new committee of the second party was elected and in the Extra-Ordinary General Meeting and annual general meeting was held and power of attorney was ratified with certain ......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. ..

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

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

....esult: The leave is granted. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. ......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. ......J Md. Shamsul Huda J Kamol Krishna Das...............................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Office, Bangladesh Dak Bivag, Dhaka and others......................Respon......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. ..

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

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

.... Md. Nurul Alam....................................Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners.&nb......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.  ......m....................................Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners.  None r......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.  ..

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. ......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. ...... Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order April 29, 2012. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-......ts requested the accused-respondent and his father to take the victim to their house as bride but they refused and thereafter on 01.10.2003 the father of the victim lodged the F.I.R. with Gurudashpur Police Station on the basis of which the case was started. The police, after completion of investiga..

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

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

.... (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocate - For the Petitioner.  MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman......had been misplaced. The concerned officers of the Ministry have been trying to trace out the said file. However, a Photostat copy of the order of remission to the petitioner attested by the Assistant Inspector General of Prison and authenticated by the Deputy Secretary Ministry of Home Affairs has b....... Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocate - For the Petitioner.  MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, Assistant Atto......ardon When a convict seeks pardon from the President or the Government he must supply the following mate­rials with the application for pardon; namely - i) the First Information Report and Police Report; ii) the evidence; iii) Judgment of the trial Court and appel­late Court, i..

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

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....writ petitions and if any Rule is issued therein that should have been dis­charged on the ground of maintainability…………………………(20) Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Appellants.(In all ca......on 8-6-2002. The customs ille­gally demanded customs duties more than the actual dues required to be paid for releasing the gold. As the petitioners disagreed to fulfill the illegal demand of the Inspector of Customs, Safiul Alam, they were illegally handed over to Kotwali Police Station, Sylhe......nd if any Rule is issued therein that should have been dis­charged on the ground of maintainability…………………………(20) Lawyers Involved: Rajik-al-Jalil, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Appellants.(In all cases) Nurul ......ght by the petitioners and said Abul Hossain in the name of Abul Hossain only bearing Passport No.Q0014931 without assessment and lodged a first information report (FIR) against him with Cantonment Police Station, being Cantonment PS Case No.2 dated 5-3-2001 which subsequently gave rise to GR Ca..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

.... Vs. Faridul Alam..................................Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......ridul Alam..................................Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....��…Petitioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. ......os.1 and 9 twenty-two months after the aforementioned date. 2. The respondents herein who were all appointed and joined the Bangladesh Police Force on various date and are presently serving as Sub-Inspector at dif­ferent locations within the country. The Writ Petition No.7942 of 2009 was filed i...... Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. Result: Leave is granted Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record —For the Petitioners. Abdur Rob Chowdh......s Nos. 2, 5. 7 and 10 eighteen months and for the petitioner Nos.1 and 9 twenty-two months after the aforementioned date. 2. The respondents herein who were all appointed and joined the Bangladesh Police Force on various date and are presently serving as Sub-Inspector at dif­ferent locations wit..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

.... awarded against the appellant is altered into one for imprisonment for life with fine..........(16) Lawyers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judg......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ...... the appellant is altered into one for imprisonment for life with fine..........(16) Lawyers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judgment and order d......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......gned memo dated 16-6-2010 was illegal, mala fide and without law-fill authority inasmuch as by letters dated 6-5-2010 and 31-5-2010 this school was enlisted for MPO which was communicated by Director General, Education to District Education Officer and to the school authority but in the 3rd list pub......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ...... 4. Respondent Nos.7 and 8 are the Managing Director and the Company Secretary of Exim Bank respectively; respondent Nos.9 to 12 are the sponsor-shareholder, Chairman and Director since 9th Annual General Meeting partially held on 26.08.2008 of the bank and their names have been shown in the Annu...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......e of the rule with an order of stay, the petitioner communicated the same to the Bank and came to know that the mortgaged property as mentioned in the schedule of the application i.e. District-Dhaka. Police Station-'Mohammadpur, Mouza-Brab, JL No.238, Khatian No.CS232, SA-173. Dag No. CS and SA 701,..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

.... Mizanul Islam @ Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appel­lant.  AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorne...... P.W.7, Abu Bakkar deposed that he knows nothing about the incident. P.W.8, Md. Altaf Hossen, the Investigating Officer, deposed that on 25-8-10 he was serving at Rajbari Police Station as a Sub-Inspector of Police. As entrusted by the Officer-in-charge of the police station he has taken over t...... Dablu Vs. State, 41 DLR (AD) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appel­lant.  AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For ......es on her person, for not meeting a demand of dowry. Accordingly, the victim, on 25-8-2010, lodged the First Information Report (herein after referred as FIR) before the Officer-in-Charge of Rajpara, Police Station, Rajshahi, which has been registered as Rajpara Police Station Case No.33 dated 25-8-..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......Parties Judgment April 2, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State-opposite Party. Criminal Miscellaneous Case No.2109 of 1998. Judgm...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

....eir sen­tences awarded to them for the selfsame occurrence………..(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......es awarded to them for the selfsame occurrence………..(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. Criminal Appe......, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's father lodged ejahar with the Jamalpur Police Station stat­ing, inter alia, that the family of the informant's brother-in-law has b..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5