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

....at Loan Agreement shall prevail. Otherwise, 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 organization or State. We further find that if there is no specific provision of appeal or filing complaint in the r......ecial Original Jurisdiction) Present: Naima Haider J Md. Khurshid Alam Sarkar J Bangladesh Telecommunications Company Ltd and another.............................Petitioners Vs. Review Panel-2, Central Procurement Technical Unit (CPTU) and others..........Respondents ......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. ..

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. ......ar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others.....................Respondents Judgment August 7,......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. ..

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

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

....ab Miah J Nazmun Ara Sultana J  Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Shahjahan Khalifa and others.................Petitioners Vs. State..................................................Respondent Judgment August 6, 2012......bdul Wahhab Miah J Nazmun Ara Sultana J  Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Shahjahan Khalifa and others.................Petitioners Vs. State..................................................Respondent Judgment Augus......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. ......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. ..

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)

....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. ......ossain J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others....................................Respondent Judgment ...... Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others....................................Respondent Judgment August 6, 20......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)

.... 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. ......ahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam Azad and others ………………….......... Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam Azad and others …………………......Respondents ...... 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)

..... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result......nha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012......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: ......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: ..

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

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......in J           Md. Imman Ali J     Md. Shamsul Huda J   Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result:......loan of Taka 1,50,000. The plaintiff agreed to pay the said amount as loan for 1(one) year on the condition of paying him interest of Taka 15,000 and on execution of an agreement, both went to Mr. MA Kalam Chowdhury, Advocate for drafting the agreement who told that without licence, there could not ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

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

.... (Criminal) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Syed Mahmud Hossain J State......................................Petitioner Vs. Md. Artful Islam @ Arif............... Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Syed Mahmud Hossain J State......................................Petitioner Vs. Md. Artful Islam @ Arif................Respondent Judgment  August 2, 2012.......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. ......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)

.... Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Yasin Rahman @ J Rahman Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2......ssain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Yasin Rahman @ J Rahman Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment Au...... Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur Rashid Sa......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. ..

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

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.       ......     ......raph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mondal, Advocates—For the Petitioner. Abul Kalam Mainuddin with Abdul Hamid Munshi, Advocates—For the Opposite-Parties. Civil Revisi......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)

....s. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal ......ion) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment ......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 ......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)

....b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahabuddin...................................Petitioner Vs. The State..............................................Respondents Order July 29, 2012. ....... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahabuddin...................................Petitioner Vs. The State..............................................Respondents Order July 29......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. ..

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

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

....Miah J     Nazmun Ara Sultana J     Syed Mahmud Hossain J   Md. Imman Ali J Md. Shamsul Huda J       State........................................Petitioner Vs. Md. Aman Ullah Aman.....................p;    Syed Mahmud Hossain J   Md. Imman Ali J Md. Shamsul Huda J       State........................................Petitioner Vs. Md. Aman Ullah Aman.................Respondent Judgment July 26, 2012.  &nbs......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. ......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. ..

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

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

....llate Jurisdiction) Present: Borhanuddin J Mahmudul Hoque J Md. Arfan Ullah alias Arfan and others……………....Accused-Petitioners Vs. The State……………………………&hellip......Criminal Appellate Jurisdiction) Present: Borhanuddin J Mahmudul Hoque J Md. Arfan Ullah alias Arfan and others……………....Accused-Petitioners Vs. The State…………………………&h...... 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

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

....minal Appellate Jurisdiction) Present: Mir Hashmat Ali J   Jahangir Hossain J   Ishaque Ali (Md.).....................................Appellant Vs. State……………………………&hellip...... (Criminal Appellate Jurisdiction) Present: Mir Hashmat Ali J   Jahangir Hossain J   Ishaque Ali (Md.).....................................Appellant Vs. State…………………………&helli......ir, 1 BLC 345; Abul Khayer Vs. State, 46 DLR 212; Hashmat All Vs. State, 33 DLR 169; AKM Ataur Rahman Khan alias Badal Vs. State, 5 BLC 508; Siddique Munshi Vs. State, 44 DLR (AD) 137; State Vs. Abul Kalam, 5 BLC 230; Hafez Munshi alias Hafizur Rahman Vs. State, 13 BLD 461. Lawyers Involved: ......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       ..

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

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment July 25, 2012. Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application......urt Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Zakir Hossain J Faizur Rahman (Md.) and another..................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment Ju......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....tly adhered to, particularly, the doctrine of separation of power as enshrined in the Constitution so that there is no transgression by one organ into the domain of the other. The three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domai......in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Jamat Ali Vs. State, 2012, 41 CLC (AD)

....d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The State..................................................Respondent Judgment July 23, 2012.......nha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Jamat Ali....................................................Petitioner Vs. The State..................................................Respondent Judgment J...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..

Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70

Nalu Vs. State, 2012, 41 CLC (AD)

.... Muhammad Imman Ali J Nalu……………………………………………..Petitioner Vs. The State…………..........................Respondent Judgment July 22...... Hossain J Muhammad Imman Ali J Nalu……………………………………………..Petitioner Vs. The State…………..........................Respondent Judgment......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

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

....fied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed by the legislature. Cases Referred to- State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Fin...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents......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