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AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

.... The Company has purchased a denationalized and privatized industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between th......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....llows title, is one part and in the other part, by purchase from CS recorded owner, as such, the suit ought to have decreed. Learned Advocate further submits that no property can be taken over by the Government as enemy property unless there is formation of opinion to that effect, as such, the impug......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

....561A of the Code of Criminal Procedure and obtained Rule. 7. Mr. Khondaker Mahbub Hossain, the learned Advocate for the petitioner submits that the petitioner is a retired professor of Botany of a Government College who comes of a highly respectable Muslim Family and who is 67 years old lady; tha...... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....s the needs in the field of University education and formulate plans for the development of such education; (b) determine the financial needs of the Universities; (c) Receive funds from the Government and allocate and disburse, out of such funds, grants   to the Universities ......animals. He refers to a Gazette notification by which the PSC Rules, 1982, has been amended, (Annexure-E to the affidavit-in-reply filed by the petitioners) and submits that the entry points in cadre service for both the groups of graduates are different. Mr. Badruddoza submits that the UGC ought no..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

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

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......vocate for the petitioner that the discretion should not be given to the Biman authority to give benefit to their employees is not correct nor the same is in accordance with law. Because, all such service providers provide similar facilities to their employees in both international and domestic ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....peal from Original Decree No.6 of 2009. 2. The aforesaid suit was suit was filed by the plaintiff petitioner against defendant No.1, Mst. Rana Noor, for specific performance of contract in which Government of Bangladesh was made proforma-defendant. The suit was decreed. Rana Noor defendant No.1......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....in terms of specific appointment letters issued on various dates in the years 1981 and 1982. 8. Mr. Alam, the learned Advocate, next submits that, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th A......nnot be absorbed in any post which carries same of scale of pay, he may be offered a post carrying lower scale of pay, and if he does not accept the offer he shall be deemed to have been retired from service. (2) A surplus public servant shall not be absorbed in any post unless he is nominated ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....nces under sections 420, 468, 471 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 in connec­tion with absorption of the 11 accused-petition­ers as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quy......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....he learned Sessions Judge failed to consider the legal forum that against the Judgment and order of such acquittal passed by the Magistrate in GR case, the public prosecutor at the instruction of the Government could prefer appeal before the learned Sessions Judge being appellate forum and, as such,......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......on Printing Press, 1, R.K. Mission Road, Dhaka under sections 54 and 55 of the Ordinance before Second Labour Court, Dhaka. The case of respondent No.1, in short, is that on 01.09.1978, he joined the service of the New Nation Publications Ltd. under the petitioner on daily basis. After that, the pet..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....h observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....urchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs.......of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98, wherein it is held that "The appellate Court having finding that there was no service of summons in the suit, it was no function of the High Court Division to sit in appeal over ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....g different banking facilities to the customers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

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. ..

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......h allowance is a legitimate payment. 16. Since the user-fees is utilized for maintenance of very sophisticated machine in government hospitals, if the same is not available, providing of such services would be seriously hampered and the patients would in effect suffer gravely by having to g..

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     ..

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...... of universal application as Explanation sometime is used for other purposes i.e. to extend the scope of the provision to which it is appended or it may provide a fictional situation by pressing into service deeming technique. 48. The cumulative effect of the cases referred to above is that an ‘E..

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......ame credited or adjusted from the final VAT paid by the consumer. So, the ultimate burden is on the consumer..........(37) Section 3(3) (গ) VAT is collected and deposited by the seller or service provider or facility provider upon collecting the same from the purchaser or service recipie..

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. ..

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