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.... filed the original suit for declaration before the court of learned Senior Assistant Judge, NarailSadar and in the Constitution under Article 135(2)(iii) where the President is satisfied that in the interest of the security of the State it is not expedient to give that person an opportunity, the Pr......temporary and conditional there was no necessity of serving any notice upon him or any formality. According to the Government Servant (Discipline and Appeal) Rules and for the sake of security of the State and according to the Article 135(2) (iii) of the Constitution of the People's Republic of ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....property under that Order has been issued, or (b) a declaration that a building is not an abandoned property and has not been vested in the Government under the President's Order or the right or interest of any person in any building has not been affected by the provisions of that Order, or ......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)
....leum and alike product to various government offices and non-government organizations. The assessee-applicant also derives income from import and sale of agro chemical products and also from the bank interest. The books of account of the assesses-applicant are maintained regularly under the mercanti......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)
....the instant case, BTCL has selected only two companies as pre-qualified to participate in the bid. It further appears that BTCL, as per the provisions of Section 93(11), instead of re-advertising was interested in proceeding further with two bidders only. In fact participation of more bidders in the......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..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)
....ional Airport, Dhaka (hereinafter referred to as the Biman) which were extended for the second term for another 90 days in the same posts and the same place out of practical necessity and in the interest of the Biman and thereafter, they were appointed for the 3rd term and again for the 4th ter......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)
....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. ......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..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....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: ....... 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..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... need of money in connection with his business approached the plaintiff for a 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, Advoc...... 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)
....Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. T...... (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...........Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....review our earlier opinions if the circumstances require such reconsideration, that is to say, such previous decision appears to be obviously erroneous or is contrary to law or is against public interest. In the majority opinion it has not been said that the previous decisions are not sound or ...... 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..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....tition is essentially meant to protect basic human rights of the disadvantaged citizens and the High Court Division should guard that the filing of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence ha......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)
....f document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms."......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)
....mpanies Act, 1994; section 233, Sub Section(3)(a)(b)(c), Article 14, 16 The jurisdiction being regulatory and preventive in nature under section 233 of the Act is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as ......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)
....d in the contract itself is a good ground to decline to exercise its extraordinary jurisdiction under Article 226; and (c) if the instrumentality of the State acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of Article 14 of Constitutio......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 ..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. ......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. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
.... Procedure, 1898 (Act No. V of 1898); section 561A The inherent powers of the High Court Division is neither alternative nor additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. S......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.................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 ......llate Jurisdiction) Present: Borhanuddin J Mahmudul Hoque J Md. Arfan Ullah alias Arfan and others……………....Accused-Petitioners Vs. The State……………………………&hellip..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....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 ......minal Appellate Jurisdiction) Present: Mir Hashmat Ali J Jahangir Hossain J Ishaque Ali (Md.).....................................Appellant Vs. State……………………………&hellip..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....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. ...................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..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provision......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..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
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