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Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bang......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)
....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......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)
....ected persons, do not create a legal right in their favour", "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unutili......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)
.... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secre......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)
....ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................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)
....by Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 2002 heard along with Government (Criminal) Appeal No.28 of 20......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)
....awyers with PILs Now-a-days, it is noticeable that a group of lawyers have developed a tendency of filing PIL petitions on behalf of persons or organisations challenging the propriety of the Government in taking decision relating to policy matter, its development works, Orders of promotion......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)
....s made out and in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government ......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)
....ollows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT basis by setting by power plant in Bangladesh. The Government of Bangladesh in order to meet the electricity crisis decided to purchase electric ......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
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... of Syed AJi Habib, son of, Syed Abdul Latif was duly recorded in SA Khatian No.Sabek 1328 Hal 804, SA dag No.1800, area of land measuring 0473 Ajutangsha. Being bona fide owner in possession he paid Government rents, taxes of the suit land to the concerned authorities in time. Syed Ali Habib died l......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)
....pendency of Judiciary is the sine qua non of modern democracy. The eloquent words of Justice Krishna Ayer in this regard are: Independence of the Judiciary is not genuflexion; nor is it opposition of Government. It is neither judiciary made to opposition measure nor Government's pleasure”. In the ......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
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....tion, it was stated, inter alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Schedule to the Bangladesh Sports Council Act, 1974, of which President is nominated by the Government. It survives on periodic grants extended by the Government. It is situated on a large chu...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....
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
Jud......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)
....sion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…......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
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....nization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangladesh and got government as well as foreign grants. The said samity was an a......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, B......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
....Establishment Division of the President's Secretariat, which was found to be an interference with the proper administration of justice by the High Court. The Supreme Court also observed that, the Government of Pakistan was extremely ill-advised in becoming a party to the contempt proceedings (dr......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....r challenging the order (though it was a decree) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Ministry of Law as respondent Nos.1 and 2 wi......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)
....ng operated in arbitrary and discriminatory manner and in gross violation of their fundamental rights. However, due to the volatile political condition during the tenure of non-political Caretaker Government from 2007 till the end of 2008, the petitioners (along with other stevedoring firms) ple......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
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