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....nder sub Rule 7 of Rule 3 of the Rules. In reply Mr. Hannan has referred to a judgment reported in 40 DLR (AD) 206 in the case of MA Hai, Md. WazedAli Miah & Md. Moslem Vs. Trading Corporation of Bangladesh. Mr. Hannan submits by reference to that judgment that where an interpretation of law or ...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......s to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by using silica sand, the main raw material, as available in the count...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....eme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Kazi Md. Habib Ullah..................Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: ...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...........Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a maximum period of 120 days and in the instant case the said p...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers....................... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......da M. Kamal, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....orted colour sorter machine for Rice Mill from the respondent No.1 through the respondent No. 2 the local agent in Dhaka, by opening L/C through the respondent No. 4. But when the consignment came to Bangladesh in the petitioner’s factory it appears that majority equipments of machineries are not ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......as such heard ex parte and now disposed off by this judgment. 2. The learned Advocate Mr. J.K. Paul, appearing on behalf of the petitioner submit that the petitioner imported colour sorter machine for Rice Mill from the respondent No.1 through the respondent No. 2 the local agent in Dhaka, by ope......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....ts Judgment May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd, 51 DLR (AD) 221; Nurunnessa Vs.Mohiuddi......(six) months 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) 182. ......he learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No.33 of 2007 under Order VII Rule 11 of the Code of Civil Procedure. 2. Plaintiff-appellants instituted the aforesaid suit praying for decree as:— “ক) বাদীপক্ষ নালি......(six) months 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) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result:......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......the elementary principles of natural justice. In the instant case, the petitioner is the only teacher in the post of Sociology in the Higher Secondary Level of the Alaipur (Degree) College. Therefore, he is legally entitled to have the government portion of monthly salary or MPO.…&h......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....preme Court 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 Res......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......i, at the instance of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mo......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
.... (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 Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Em......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......nul Abedin, Advocate-on-Record—For the Respondents. (In Civil Review Petition Nos.6-10 of 2012) Not Represented-For the Respondents (In Civil Review Petition No.11 of 2012) Civil Petition for Leave to Appeal Nos.872, 875, 877-881, 884-891 of 2010. With Civil Review Petition N......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..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)
....a Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 831; 55 DLD (AD) 31; 61 DLR 760; 33 DLR 12; 13 BLC 713; 15 MLR (AD) 96 = 15 BLC (A......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ...... cause as to why the order No. 07 dated 27-7-2006 passed by the learned Artha Rin Adalat No. 4 Dhaka in Artha Execution Case No. 790 of 2005 detaining the petitioner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
.... is also Reported in: 18 BLC (HCD) (2013) 122. ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......en passed against the judgment and order of the Labour Court, which passed its judgment under the Employment of Labour (Standing Order) Act, 1965. 3. Mr. Abdur Razaque Khan, the learned Advocate for the petitioner submits that there is no right of appeal against the judgment and order of the La......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
.... Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (B......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ....... Purabi Shaha, AAGs—For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or de......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
....h Court Division, as the case may be, is satisfied that —
(i) the subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh;
(ii) the arbitral award is prima face opposed to the law for the time being in forc...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration p...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......t case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it hav...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
.... Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Bangladesh, represented by the Secretary, Bank and Financial Institutions Division, Ministry of......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......f the 1st Party before the learned District Judge is that; a. That the 1st party is a bonafide contractor doing construction business and the second party is the registered Cooperative Society of the Rajuk Employees and run by its by-laws. b. That the second party got 2 bigh......n lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kamol Krishna Das...............................................................Petitioner Vs. The Government of Bangladesh, represented by the Director General, Director General Office, Bangladesh Dak Bivag,......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ...... Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam...............ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......rials, such as, the order passed by the Administrative Tribunal in the Administrative Tribunal case, the Memorandum of Appeal of the Administrative Appellate Tribunal Appeal No.235 of 2005 filed before the Administrative Appellate Tribunal, we have gathered facts which are as follows: The s......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... valid play of power and when the mode of power of exercising a valid power is improper or unreasonable, there is an abuse of power……………………………….(40) The Constitution of Bangladesh, 1972, article 49 Materials to be supplied with the application of pardon When ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
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