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Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and others..................................Respondents Order ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......anted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....nt: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repre­sented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secre...... Muhammad Imman Ali J Government of Bangladesh, repre­sented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin........................................Respondent Order July......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. .......10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....ndent-contemner and he deserves to be punished in terms of the Rule issued in this matter. 8. This Court, being a Court of record, arti­cle 108 of the Constitution of the Peoples Republic of Bangladesh has conferred upon this Court the power to make order for investigation as well as to pun......sp;   ......t the very initial stage of this proceed­ing. According, he prays, that the apology may graciously be accepted and the contemner be exonerated from the charges. 5. Mr. Kamal-ul-Alam with Mr. Shahanaj Akther, the learned Advocates appearing for the petitioner, on the other hand, having place...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....he statement of law that when there is an alternative forum provided by a Statute, here the Ain, 2003, the power of Judicial review under article 102 of the Constitution of the People’s Republic of Bangladesh can not be invoked unless it can be shown that the alternative remedy is not efficacious ......in CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Golzar Hossain, Advocate........................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Res......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...... With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

....the order (though it was a decree) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Ministry of Law as respondent Nos.1 and 2 without impleadi......d. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Safi Uddin...........................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ......on. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....r further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the pur­pose of disposal of this rule are that petitioner is a schedule bank of Bangladesh and a public limited company listed with stock exchange. The respon­dent No. 4 is the......urisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......said certificate as referred to is a forged and fabricated one where the signature of the Manager of Human Resources of the petitioner bank was forged. It is also stated in the writ petition that one Md. Shafiqur Rahman being the Manager of Human Resources of the petitioner bank on 7-12-2010 lodged ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....Advocate-For the Respondent No.11. Writ Petition No.4285 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of...... Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others…………â......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......harged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advocate with Ali Asif Khan, Advocate with Mohammad Motahar Hussain, Advocate-For the Petitioners. Md. Murad Reza, Senior Advocate with Imranul Kabir, Advocate-For the Respondent Nos. 1 and 2. ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment &nbs...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

.... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Shamsul Huda J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretari......a J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant Vs. Orex Network Limited and others………...............Respondents Judg......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......98 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Kibria(Md.).....................Petitioner Vs. Bangladesh...............................Respondents Judgment    June 19, ......nbsp; ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......ported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ivision (Civil) Present: SK Sinha J Md. A Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respon...... Md. A Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Resu......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......hichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....te Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretar...... Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-or-Rashid and others......................................Respondents Judgment ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)

.... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Planning, Bangladesh Secretariat, Ramna, Dhaka......l Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Planning, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Mizanur Rahman (Mizan)..............................................................Re...... limitation holding that no specific reason was stated." Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......sed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..

Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs and others...................inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......gly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

....t: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others.....................................Pet......i J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others.....................................Petitioners Vs. Saiful Islam Chowdhury and others........................Respondents Judgment J...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......e it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and other...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others...............................Respondents Judgment June 5,......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ...... In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

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

....r was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30-11-2008. 4. The second source was a letter issued by the Joint Director of Credit Information Bureau (shortly,CIB) of the Bangladesh Bank, (Respon­dent No.8) under Memo No.CIB-1(90)/208-30295 dated 3-12-2008 about enli...... Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgm...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......D) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......azmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another......................n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......it in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and others, in Writ Petition No.4723 of 2009 on 13-5-2010 Lawyers Involved: ABM......ion (Statutory Original Jurisdiction) Present: Zinat Ara J IBM Hassan J Grameen Telecom……………….......................Applicant Vs. Commissioner of Taxes... .............................Respondent Judgment June 3,......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ......ne 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and others, in Writ Petition No.4723 of 2009 on 13-5-2010 ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....homed Syedol Ariffin bin Mahomed Ariff Vs. Yeah Oai Gark, AIR 1916 Privy Council 242; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh 28 DLR, 123; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; State Vs. Secretary, Minis...... Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State…………………………&helli......of the sub-continent on the issue of age determination, the High Court Division discarded medical assessment of age in preference to the date of birth as stated in the school admission reg­ister. Shahabuddin Ahmed J (as he was then) observed that it is not possible to determine exact age from ap......re. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30