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Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

.... 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. ...... 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. ...... 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: The Ru......angladesh, 47 DLR (AD) 39. Lawyers Involved: ZH Bhuiyan, Advocate—For the Petitioner. Abdul Hoque, Advocate—For the Respondent No.10 Farida Yeasmin, Assistant Attorney-General—For the Respondent No.1  Writ Petition No.7431 of 2010. Judgment ..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... 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 ...... 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 ......l 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..................Respondent.........Respondents Judgment May 29, 2012. Result: All appeals are allowed. Constitution of Bangladesh, 1972 Article 44(1), 102(1), 102(2) Compensation is Special Relief not General— Power of High Court not only be Injunctive but also Remedial— Articles 44(..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....rder to clear the confusion they are described by name as well), Abdus Sattar Chowdhury, filed an appeal against the said order of the Assistant Commissioner (Land), Tejgaon, before the Additional Deputy Commissioner (Revenue), Dhaka, (writ-respondent No.4), being Miscellaneous Appeal No.11 of 1......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. ...... 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: ......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

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ......on (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J Aqua Culture Farms Limited…………………Petitioner Vs. The Registrar of Joint Stock Companies and Firms.........Respondent Judgment May 28, 2012. Result: The application is ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....(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. ......(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. ......Reported in: 18 BLC (HCD) (2013) 182. ......d.; Md. Sirajul Hoq Vs. Babu Sudhangshu Shekhar Haider, 42 DLR (AD) 244. Lawyers Involved: Mahbubur Rahman, Advocate—For the Plaintiff-Appellants. Mahbubey Alam, learned Attorney-General with Md. Anisur Rahman, Assistant Attorney-General—For the Defendant-Respondents. ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......D) (2013) 16.     ......esult: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur with Mrs. Masuda Rahman Begum—For the petitioners Mahbubay Alam, Attorney General with Md. Bodruddoza—For the respondents. Writ Petition No.3393 of 2012. Judg..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....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.         ......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.         ......: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: The R......;ernment portion of monthly salary or MPO.…………..(22 & 23) Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Israt Jahan, Assistant Attorney-General—For the Respondents. Writ Petition No. 311 of 2012. Judgment Md. Ashraf..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....name of the petitioner as per judgment passed by the courts below………......(8) Lawyers Involved: Md. Abdul Haque, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney-General with Ms.Nusrat Jahan, Assistant Attorney-General-For the Respondent No.1. ......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.   ...... 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......tioner as per judgment passed by the courts below………......(8) Lawyers Involved: Md. Abdul Haque, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney-General with Ms.Nusrat Jahan, Assistant Attorney-General-For the Respondent No.1. Writ Petition..

Category: Others | Date: 22 May, 2012 | Hits: 9

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....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   ......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   ......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.   ......ue Vs. Bangladesh, Ministry of Irrigation, 49 DLR (AD) 1. Lawyers Involved: TH Khan, AKM Fakrul Islam and Md. Mostafa Kamal, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General Md. Motahar Hossain (Saju), DAG with Samarendra Nath Biswas and Ms. Purabi Shaha, AAGs&mdash..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....petitioner cannot be entertained…………………..(20) Cases Referred to- Md. Abdul Mannan Sarker Vs. the State, 6 MLR page 279; Habib (Md.) and another Vs. State represented by the Deputy Commissioner, 52 DLR page 105; Abdul Rouf (Md.) alias Nayan Vs. State and another, 53 DLR (......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......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: ......nd others, 48 DLR (HCD) Page 102; Md. Shokrana Vs. the State, 21 BLD 296. Lawyers Involved: A.K.M. Shamsul Huq, Advocate - For the Petitioner. Mohammed Ali Jinnah, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.35430 of 2011. Judgment AKM ..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... 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.     ...... 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.     ......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......nts Judgment May 10, 2012. Result: The Appeal is dismissed. Lawyers Involved: Abdul Quayum and Md. Masudul Haque, Advocates—Appellant. Mahbubey Alam, Attorney-General and Tanjub-ul Alam—For Respondents. First Miscellaneous Appeal No.23 of 2010. ..

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. ......R (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. ..

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.     ...... (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......did not make any error of law in concluding that the notice was duly served as it was send by registered post at the registered address of the defendant as such, as per provision of section 27 of the General Clauses Act, 1868 and section 106 of Transfer of Property Act it is deemed to be good servic..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

.... and in its report submit­ted on 31st December, 1999 it was pointed out in paragraph 20.4 that Prof. Muhammad Yunus and Mr. Md. Khaled Shams had been performing as Managing Director and Deputy Managing Director respectively who had attained the age of superannuation as they had exceede......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 ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad......ngladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (1962) AC Pri..

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. ......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. ......ported in: 18 BLC (HCD) (2013) 285. ...... favour of the 1st party. Subsequently by amending the agreement the arbitration clause was incorporated. d. Thereafter, a new committee of the second party was elected and in the Extra-Ordinary General Meeting and annual general meeting was held and power of attorney was ratified with certain ..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....esult: The leave is granted. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. ......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. ........................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Office, Bangladesh Dak Bivag, Dhaka and others......................Respondents Order April 30, 2012. Result: The l......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, Dhaka and others......................Respon..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

.... Md. Nurul Alam....................................Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners.&nb......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.  ......reme 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..........................m....................................Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners.  None r..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) ...... Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order April 29, 2012. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

.... (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocate - For the Petitioner.  MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman......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. ...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority....... Dr. HBM Iqbal, 15 BLC (AD) 44. Lawyers Involved: Md. Tamizuddin, Advocate with SM Zafar Sadeque, Advocate and Md. Ali, Advocate - For the Petitioner.  MH Sarder, Deputy Attorney-General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, Assistant Atto..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151