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Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....ted by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos.2-10. Civil Review Petition No. 45 of 2012. (From the judgment and order dated 14.02.2012 passed by this Division in Civil Appeal No.27 of 2011). Judgment Syed Mah......Officer (Telephone Revenue), Mymensingh (Respondent No.10) sent a reply dated 22-06-2004 to the objection of the petitioner stating that the bills could not be exempted. The said Office sent another notice dated 12-05-2004 requesting the petitioner to pay the arrear bills, failing which criminal ac......f 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. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
.... Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal Petition for Leave to Appeal No.271 of 2009 (From the judgment and order dated 19.4.2009 passed by the High Court Division in Criminal Miscellaneous Case No.16207 of 2007.) ......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. ...... Result: The petition is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal Petition for Leave to Appeal No.271 of 2009 (From the judgment and order dated 19.4.2009 passed by the H..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....e Tax Reference Application No. 90 of 2003. Judgment Zinat Ara J. — This Income Tax Reference application under section 160(1) of the Income Tax Ordinance, 1984 arises out of an order dated 8-12-2002 passed by the Taxes Appellate Tribunal, Division Bcnch-3, Dhaka in Income Tax Appeal......judgment dated 13-5-2010 passed in Writ Petition No.4723 of 2009 (Md. Yasin Miah and others Vs. Bangladesh and others), in which of us was a party, decided as under:— "We have already noticed that the 1st execution case was filed on 14-3-2001 when the Artha Rin Adalat Ain, 1990 (the ......d Nokia cellular handsets to the Grameen Phone Limited, another company. It also sells Grameen Phone products on commission basis under dealership agreements. The assessee filed its income tax return for the assessment year 1998-1999 showing its income at a net loss of Taka 3,12,93,506 before the De..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Respondent. Criminal Appeal No.6 of 2005 with Jail Petition No. 8 of 2003. (From the judgment and order dated the 19th day of May, 2004 passed by the High Court Division in Criminal Appeal No.2967 of 2002...... because it might have been prevented by resorting to proper remedies or skilful treatment to the victim. While explaining the true meaning of this Explanation, Lord Hale in Gulsha (1914); 25 1C 1005 noticed the report of the Law Commission that "The meaning of the commissioners we concede......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....ication service provider (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmissio......tioner, instead quoted higher prices for the equipments in the quotations. The petitioner requires for the smooth maintenance of the project and around of the project so the petitioner issued a legal notice dated 30.12.2007 which was replied by the respondent No.1 on 16.1.2008 showing an unclear rea......er (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmission and datacom Equipmen..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
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Md. Akram Hossain Chowdhury J.—On an application under article 102 of the constitution this rule nisi was issued calling upon the respondents to show cause as to why the impugned order dated 18-3-2007 passed by the Respondent No. 3 demanding Taka 87,14,891.68 as VAT alleging to be les......sition.
9. Mr. MA Hannan, the learned Advocate appearing on behalf of the petitioner submits that the respondent No.3 most arbitrarily and illegally issued the impugned order without serving any notice under Section 55(1) of the Act leaving the petitioner without any opportunity to defend his c......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..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....ule, 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 Memo No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issued by the respondent No.1 (Annexure-A) directing the respondent No.7 to prepare ......মালা, ২০০৯” having come into force upon repealing the Rules, 1975 steps were duly taken accordingly as is apparent from Annexure-K and that the Advisory Committee duly published notice on 10-11-2009 inviting applications for appointment of Nikah Registrar for No.1 Sindurpur Uni...........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..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....ion of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession………………………….(21) Lawyers Involved: Osman Gani, Adv......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......…Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to pro..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....;For the Respondent No.1 (In Civil Appeal No.89 of 2000). None Represented—For Respondent Nos. 2-3 (In all appeals). Civil Appeal Nos. 89-93 of 2012. (From the Judgment and Order dated 7-4-1997 passed by the High Court Division in Writ Petition No.1660-1663 of 1997 and the judgm......tions brought by Mr. Ahmed where there was no such case was made out and no such statements were ever made in the writ petitions. It is unfortunate to note that the High Court Division failed to take notice of the fact that the detenues were not the petitioners in those cases and that the learned Ad...... 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..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....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, 2010 passed by the High Court Division in Writ Petition No.3229 of 2004)......is favour. Miscellaneous Case No.355 of 1968 was filed in the then First Court of Munsif, Dhaka under section 143 (sic, it should be 143A) of the Act for correction of record. After due service of notices of the miscellaneous case on the opposite parties, the same was decided in favour of Abdus ......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, ..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)
.... the company AQUA CULTURE FARMS LIMITED, on the ground stated therein. 2. The learned Advocate Mr. A.K.M. Fazlul Hoque, appearing on behalf of the petitioner, submits that by way of resolution dated 29.12.2011 the company AQUA CULTURE FARMS LIMITED in an extra-ordinary general meeting decide...... (a) and therefore the company has resolved to amend the memorandum of Association of the company particularising the mortgaging power. 5. None appeared to oppose the application although the notice has properly been served through usual process and through the newspaper “Daily Financial ...... 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 Memorandum of Association of the company AQUA ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ing them from encashing the L/C amount. Thereafter, the respondent No.1 through e-mail assured the petitioner that they have advised their bank to return back the L/C money to the petitioner but till date it has never been returned to the petitioner for which the petitioner filed another application......ed by them assured the petitioner that they will address the matter and shall not encase the L/C amount. However, the petitioner intends to invoke the arbitration clause for which the petitioner sent notice to the Korean Arbitration Board but nothing happened thereafter although the Korean Arbitrati......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..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....st Appeal No.343 of 2011 with Civil Rule No.722 (F) of 2011. Judgment Sharif Uddin Chaklader J. - This appeal at the instance of the plaintiff-appellant directed against judgment and decree dated 17-8-2011 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of......tch map was prepared and the suit land was out side the said sketch map. Defendant No.1 in connivance with defendant No.2 tried to increase the land by acquiring 2.04 acres of land and after that, no notice has been issued and no compensation money was paid. It is further stated that Emergency Requi......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..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)
....pplication, by the respondent No. 1 Magura Pourashava, for vacating the order of stay passed at the time of issuance of the Rule on 09.04.2012. 2. In this matter, petitioners challenged the memo dated 2.4.2012 issued by respondent No.1 (Arinexure-D series) directing the petitioners to vacate th......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. ......General with Md. Bodruddoza—For the respondents. Writ Petition No.3393 of 2012. Judgment Farld Ahmed J. — This is an application, by the respondent No. 1 Magura Pourashava, for vacating the order of stay passed at the time of issuance of the Rule on 09.04.2012. 2. In ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ssued at the instance of the petitioner Tapan Kumar Roy calling upon the Respondents to show cause as to why the impugned Memo No.৭জি/৩১৭/ক-৩/০৫/(অংশ-১/১২০২৫/২ dated 13-12-2011 (Annexure-H) issued by the respondent No.3 refusing to provide the facility of Mont......y Pay Order (MPO) list having index No. 422633. Thereafter, on 30-11-2005 he resigned from the said post. 4. After that on 28-9-2010 Principal (in charge) of the said Alaipur College published a notice in the Daily Samokal invited application from prospective applicants for the post of lecturer......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..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....numbered as Other Class Suit No.27 of 1996. The Government as defendant No.1 contested the suit by filling written statement and after conclusion of trial learned Assistant Judge by his judgment dated 29-6-1996 (decree signed on 7-7-1996) decreed the suit (Annexures A and A1). Against the judgm......e Assistant Commissioner (land) Sadar, Mymensingh (respondent No.5) did not respond or reply to the application of the petitioner dated 4-1-2009. Thereafter, the petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them to rece......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..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....iew Petition No.11 of 2012) Civil Petition for Leave to Appeal Nos.872, 875, 877-881, 884-891 of 2010. With Civil Review Petition Nos.6-11 of 2012. (From the judgment and order dated 2.6.2009 the High Court Division in Writ Petition Nos.7655, 8730, 1089, 1090, 1091, 2115, 385,......e and submits that those orders of termination were made without giving any stigma against the writ petitioners and that too, they were terminated on different dates giving full benefits in lieu of notice required by the Regulations and therefore, the finding of the High Court Division that the ......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..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....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 on 13.06.2008 i.e. 21/2 years back. Complainant alleged that at 12 noon on 13.06......Case No.466 of 2010 under section 420/406 of the Penal Code, now pending in the court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed. 6. On receipt of the show cause notice the opposite party No.1 duly appeared and contested the Rule. 7. Mr. A.K.M. Shamsul Huq......e court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahman, fu..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....laneous Appeal No.23 of 2010.
Judgment
Khondker Musa Khaled J.- This First Miscellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Mis......dispute over the supply, acceptance, installation and commissioning of a Hospital Grade Laundry System (Washing Plant) for 2000 bed facilities at the BSMMU.
3. On 4-9-2009, the BSMMU published a notice in the newspaper inviting tender for procurement of Hospital Grade Laundry System to cover 20......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..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....cted by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the High Court Division in Civil Revision No.2331 of 2007) Order ...... a co-sharer tenant to the case holding by way of inheritance and purchase. Because of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale...... Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the ..Category: Property Law | Date: 10 May, 2012 | Hits: 7
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