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Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh rep­resented by its Secretary, Ministry of Land, ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....Rule Nisi calling upon the respondents to show cause as to why direction should not be given upon the respondents to take necessary steps to ensure better medical treatment for the patients in the Government hospital and why a direction should not be given upon the respondents not to further inc......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....esaid outstanding dues for this period. It has been seen that the Bank also did not take any steps for clarifying its position regarding the repayment for the loan either form the company or form the Government during this period which it ought to have. We are, therefore, not in favour of awarding a......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......nder total disability in the matter of operating its business as well as the Bank accounts for no fault for its own, it can legitimately ask for not granting any interest on the aforesaid outstanding dues for this period. It has been seen that the Bank also did not take any steps for clarifying its ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... the proviso to Article 12(1) of the RPO which is quoted below: (n) personally has failed to pay the telephone, gas, electricity, water or any other bill of any service providing organization of the Government before fifteen days from the day of submission of nomination paper. 51. The provision q......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ....... Therefore, “Master Circular-Loan Classification and Provisioning” cannot be brushed aside. 25. From the statements made in Writ Petition No.491 of 2007, it appears that there were outstanding dues but it was claimed that the dues were regularized and the Sonali Bank’s Corporate Branch issu..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

..... Short facts, relevant for the disposal of the Rule, are that the petitioner company ("Grameen Phone"), through its predecessor Grameen Phone Consortium, entered into an agreement with the Government on 11-11-1996 for installing and running digital cellular mobile radio/phone in Banglades......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

...., a total volume of sale of "PRAN FROOTO" Mango Juice rose at Tk. 4376170 million in four years starting from 2007 accordingly it acquired 82% of the market share paying a good amount in taxes to the Government and therefore, the petitioner is entitled to register its Trade mark under Class-32. But ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Agriculture and others...........ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....stration of the Waqfs, etc. Section 28 deals with general powers and functions of the Committee, which consists as per section 20, the Administrator as chairman and ten members to be appointed by the Government, of whom, one shall be a mutawalli of the Shia Sect, three from the mutawallis of Sunnis ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

....ason for setting aside the award before making the award Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Government of Bangladesh Vs. Samir and Co., 28 DLR (AD) 21; M/s Awan Industries Ltd. Vs. Executive E...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... property was not enemy /vested property and, as such, the proper­ty may be released from the category of Vested Property, Against that judgment and order of the Member of Bhumi Appeal Board, the Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chapai...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......thus received shall be of the Developers only. 10. That the Developer would have the option to reallocate/cancel Flats of payment defaulters and offer choice to buyers willing and having cleared dues. " And this deed was again followed by another deed dated 16-8-2004 under the style "SUPPL..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....ds were released. 7. On 14-11-2006 the appellant under section 193C of the Act made an application to the Review Committee for review of the CRF issued by the pre-shipment agent appointed by the Government under section 28A. After hearing the parties, the Review Committee rejected the applicati......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

.... 1992 served on him then perhaps the appellant's case could not have been assailed on the ground of violation of the principle of hear the other side or fair hearing. After hearing the respondent the Government could have omitted his name from the notification as it was done in a number of cases. Th......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

....ged by the petitioner and the respondents, the learned Advocate Mr. Masood R. Sobhan further argued that the cancellation of the project site by the Bangladesh Railway during the period of Care Taker Government of 2006-2008 was considered by the Arbitral Tribunal as illegal and awarded or an alterna...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10,......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......e Vendor would be liable to pay tax on account of the Purchaser’s claim to the Tax Authority that she was a tenant on the property paying rent, which would mean that the amount paid by her would be rental income to the Vendor and therefore taxable. However, there is no mention of this in the plain...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....and other land of the suit plot were being used by general public never used this land and pond of the suit plot. That 1.00 acre land out 2.40 acres land of this suit plot No.1029 was acquired by the Government. That Mosarraf Hossain Chowdhury died leaving only son Syed Mozahar Hossain Chowdhury who......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....msul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secreta......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..

Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....sain J Muhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgmen......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92