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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 ......rit Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......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..................Respondents Judgment May 29, 2012. ...... 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)

.... order dated the 9th December, 2003 passed by the Full Board of the Land Appeal Board (writ-respondent No.1) in Case No.3-1 08/95 (Review) Dhaka, the order dated the 29th August, 1995 passed by Mr. Mohammad Enamul Haque, Chairman, Land Appeal Board, Dhaka in Case No.3-85/94(Appeal)-Dhaka and the......ccordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......d. Abdul Wahhab Miah J 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......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:            ......nbsp;......ondent. Company Matter No.48 of 2012. Judgment AFM Abdur Rahman J. - By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Secretary Abu Tarek Muhammad Zakaria, prays for confirmation of alteration of the provisions of Mem..

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. ......er paying rent regularly to the Government and holding No.1/e/3 Shahbagh road was opened by Dhaka City Corporation and he also took all the connection relating enjoyment of the suit property and Amir Hossain was stationed in the suit premises as caretaker and having need of money, by saf kabala deed......ellate Jurisdiction) Present: Sharif Uddin ChakladerJ Krishna Debnath J Ruhul Amin and others …………………...Plaintiff-Appellants Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) & others………Def......(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

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

....010) Md. Motiur Rahman...........................Respondent (In Civil Petition No.877 of 2010) Kazi Md. Shah Alam..........................Respondent (In Civil Petition No.878 of 2010) Mohammad Nasar Ullah Khan.............Respondent (In Civil Petition No.879 of 2010) Md. Hafizur......o make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ...... 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. Emran Ahmed and another.................Respondents (In Civil Petition No.872 of 2010) ......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

Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)

....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. ......Vs. Chairman, Labour Appel­late Tribunal, Dhaka and others........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Iqbal Hossain Vs. Chairman, Labour Appellate Tribunal 16 BLC 889. Lawyers Involved: Abdur Razaqu...... Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Faruque J Seven Circle Bangladesh Ltd...........................................Petitioner Vs. Chairman, Labour Appel­late Tribunal, Dhaka and others........Respondents Judgment......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)

....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   ......inistry 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—For the Respondents...... High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J   Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 201......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

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

....Md. Nurul Haque Molla of Village- Dopapara, Post Office-Sirgram, Police Station Boalmari, District-Faridpur, at present Store Officer, City Hospital Ltd. Sath Mosjid Road of 1/8 Block-E, Lalmatia, Mohammadpur, Dhaka. The informant filed the case on 28.11.2010 showing the date of occurrence ......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. ......t High Court 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. ......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. ..

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)

....uisite experience and qualification to participate in the tender. He was also made res­ponsive at the first stage tender. That the company had business in manufacturing and supplying cartons. Mr. Mohammad Shahiduzzam, Managing Director of the said company, actively participated in the procuremen...... 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.     ......High Court Division (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 ......es and, as such, supply of machineries were made properly accordance with the finally accepted 2nd stage tender. 20. It is true that a letter dated 24-6-2006 (Exhibit-3) was issued by the Member Secretary of the Central Purchase Committee asking clarification about (1) offer of Dryer, (II quali..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......tion No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......mar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

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. ......ut of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......vision (Civil) Present: MA Wahhab Mian J Syed Mahmud Hossain J Md. Imman AM J Md. Shamsul Huda J Abdun Noor and others............................Appellants Vs. Aziruddin and others.................................Respondents Judgment May 8, ......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)

....0 = 51 DLR 550; Maria Keshi D' Rozario Vs. Hassan Movies Ltd 41 DLR (AD) 135. Lawyers Involved: Akhtar Imam with Rubaiya Zafar Khan, Advocates—For the Defendant-Appellant. AJ Mohammad Ali with Forrukh Rahman, Advocates—For the Plaintiff-Respondents. First Appeal N......jan Das Vs. Nasima Khatun 49 DLR (AD) 144 = 1997 MLR 112; Ramjan Ali Mistry Vs. Md. Hedayetullah 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Choudhury, 33 DLR 55; Nurul Islam Vs. Ali Hossain Mian, 50 DLR (AD) 114; Shamsuddin Vs. Md. Hossain, 31 DLR (AD) 155; Nur Begum Vs. Dr. Yusuf ......h Court Division (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...... 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)

....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 ......ed in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......li 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. Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Mi.............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 Finance, Bangladesh Secretariat, Ra..

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)

....f our Appel­late Division being the case of AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola, Abul Kalam Azad Vs. Nur Hossain Howlader, Abdul Bari Vs. Shahjahan Chowdhury, Mohammad Hossain Ali Barker Vs. Md. Mobarak Ali reported in 38 DLR (AD) 172. 16. The case refer......lable under both general law and special law, the remedy prescribed by the special law must be in exclusion of the one available under the general law. ......... (18) Cases Referred to- Md. Hossain Ali Sarker Vs. Md. Mobarak Ali, 38 DLR (AD) 17; Managing Director, Rupali Bank Ltd Vs. Tafaz...... Court High Court Division (Civil Revisional Jurisdiction) Present: AFM Ali Asgar J Rajuk Karmachari Bahumukhi Samabaya Samity and another……..Petitioners Vs. M/s Al-Razib Traders …………………....................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)

....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. ......d with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......bdul Wahhab Miah J Syed 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 Of......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)

....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.  ......Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ...... 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....................................Respondent Judgment April 29,......ellate Tribunal in Administrative Appellate Tribunal Miscellaneous Case No.1 of 2009) Judgment Md. Abdul Wahhab Miah J. - The petitioners, the Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and the other Government functionaries have filed this petition..

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. ......ted in: 9 ADC (2012) 709. ......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The State..............................................Petitioner Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order April 29, 201......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. ..

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

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

....t the order of remission of sentence the petitioner obtained the present Rule. 7. Mr. Md. Tamizuddin, the learned Advocate appearing on behalf of the petitioner with Mr. SM Zafar Sadeque and Mr. Mohammad Ali, the learned Advocates, submits that since the President remitted the sentence of the a......Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment...... expressed their inability in present­ing the relevant file as the concerned Ministry failed to supply the file to the office of the Attorney-General. In such facts and circumstances we directed the Secretary, Ministry of Home Affairs to pro­duce the file and at one stage we had compelled to issue..

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)

....uction money and the said application was allowed. Soon after, the auction purchaser got delivery of possession of the mortgaged land sold in auction with the help of police force. On 07-09-2004, one Mohammad Ali filed an application under Order XXI Rule 100 of the Code of Civil Procedure read with ...... Case is also Reported in: 17 BLC (AD) (2012) 154. ......na J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……………….........Respon......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

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......ll be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………Respondent Judgment Ap......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20