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City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....slam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made......49 of 2011 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the purpose of disposal of this rule are that ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......ty point and start taking of cargo/container from jetty point to shed/yard, where necessary staffs and required equipment are arranged. 24. The Berth Operator has to stack the cargo/container properly at shed/yard and has to maintain documentation. 25. The Authority, however, realizes..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo......dated 27-3-2010 (Annexure-A2) in compliance with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leading to the issuance of the Rule, in brief, is tha..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellan......mant served notice bearing Memo No. Dudok/Zcko/Chittagong-2/470 dated 9-10-2007 upon the accused for submission of his wealth statement to the Commission's, District Office, Chittagong. In spite of proper service of notice, the accused-petitioner failed to submit his wealth statement within th..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Md. Shamsul Huda J Kabir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appe...... prayer since the earlier order being an interlocutory order, the question of res-judicata normally does not arise, since the Court may reconsider its earlier interlocutory order on new facts if a proper application is filed. Accordingly, we treat the second application of the plaintiff as one o..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......ision. 4. We have perused the complaint, the impugned judgment and heard the learned counsel for the petitioner. Learned Judges of the High Court Division have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed...Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip...... Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my learned brother, a decision on the question being dependant on facts, I feel it proper to state short facts for the brevity of my separate opinion. Victim Trisha, a minor girl of s..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....tion No.28 of 2011. Judgment AFM Abdur Rahman J. - This application, under Section 7(ka) of the Arbitration Act, 2001, filed by the Bangla Phone Limited, against the Huawei Tech Investment Ltd. and another has been contested by the respondent No.2 and now disposed off by this judgment. 2. T...... value of U$S 300,000 wherein a discount of approximately Tk. 61% was allowed on all subsequent purchase. 3. Upon implementation of the project it appears that some of equipment supplied were not properly and/or fully provisioned with the necessary software interface with the other equipments wh..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
The rule is ......register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited C..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......R...... Dolly Rani Roy after her marriage obtained a probate in Probate Case No.72 of 1985 of the Third Court of Sub-ordinate Judge, Dhaka on the claim that her grandfather Harendra Kumar Sen bequeathed his property situated at 30, Birendera Bose Street, Dhaka in her favour by virtue of an unregistered Wil..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
.... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ......scellaneous Case No.355 of 1968 filed by him and that position was ultimately upheld by the Full Board in the review case. Unless and until the decree of Title Suit No.280 of 1970 is amended by the proper Court in proper forum, no other Court or authority would be able to change it or give contra..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....Reported in: 18 BLC (HCD) (2013) 182. ......দ্ধে চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became o..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T...... Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datt..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another...................rs in Civil Petition Nos.873, 874, 876, 882, 883 and 892 of 2010 were reinstated conditionally subject to the result of the judgment of this Division but the learned Advocate-on-Record without taking proper instructions from the Biman and also without showing the order of reinstatement, mislead this..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....qul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made a......) so far as it relates to the petitioner is declared to have been passed without lawful authority and is of no legal effect and hereby set-aside. 9. However, the respondent Bank may further file proper application under section 34(1) of the Ain, if so advised, in this regard. Communicate t..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....sion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ......es to the Constitution and also be declared to have been enacted without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. The Rule is made returnable within 4 (four) weeks. Sheikh Hassan Arif J (Dissentin..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....urt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ......e Penal Code, now pending in the court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....sion
(Civil Appellate Jurisdiction)
Present:
Khondker Musa Khaled J
SH Md. Nurul Huda J
Maisha Corporation (Pvt.) Ltd..........................Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
M......strict Judge, Court No. 2 Dhaka and restoration of the Award.
11. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the appellant, submits that the contract was finally awarded after proper evaluation of 2nd stage tender documents both in respect of technical as well as financial sp..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....R (AD) (2012) 127. ...... title, confirmation of possession and for permanent injunction in respect of the land described in the second schedule of the plaint. The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Maliki right. Ra..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul......ader J.- Appeal from Original Decree No.181 of 2010 and Civil Revision No. 4570 of 2009 by contesting defendant having arising out of the self same cause of action and having related to the same property are taken up together and this judgment would governed both these appeal and Rule. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
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