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

....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.  ......quently, the schedule was amended on 12-4-1972. The writ-petitioners who are the voters, procured a voter list on 10-4-2012 which was published on 9-4-2012 and came to know that their names have been recorded in the voter list twice. On verification, it was dis­covered that in most of the cases,......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.  ..

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)

....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. ......t in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an office......pointment in public employment. (iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory..

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

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

.... 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. ...... 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. ...... 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. ..

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

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......nst the peti­tioner on 27-5-2008 under section 26(2) (Ka) of the Ain, 2004 and made prayer for issuance of warrant of arrest and attachment of his property. After sub­mission of charge-sheet, the record of the case was sent to the Senior Metropolitan Special Judge, Chittagong who by order dated......rved notice bearing Memo No. Dudok/Zcko/Chittagong-2/470 dated 9-10-2007 upon the accused for submission of his wealth statement to the Commission's, District Office, Chittagong. In spite of proper service of notice, the accused-peti­tioner failed to submit his wealth statement within the time ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... came to a definite finding that the plaintiff could not prove the alleged contract and the High Court Division without reversing the findings of the appellate Court with reference to the evidence on record made the Rule absolute setting-aside the judgment and decree of the appellate Court. 22....... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)

....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..

Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8

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

....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. ......e case filed by the petitioner before the Administrative Tribunal was barred by limitation. 9. We have considered the submissions of the learned Advocates, the impugned decision and materials on record. 10. The Administrative Appellate Tribunal came to a finding that the petitioner was dis......ted money from the salary of the petitioner. But respondent No.1 differed with the findings and deci­sion of the inquiry officer and issued a provisional order of dismissal of the petitioner from service. Ultimately, respondent No.4 issued the order dated 01-10-2000 imposing major penalty by dis..

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)

.... 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. ...... 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. ...... 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. ..

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

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

....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. ......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. ......on No.2248 of 2002 making the rule absolute. 2. The respondent No.1 Riaz Uddin Ahmed filed the above mentioned writ petition before the High Court Division challenging his dismissal order from the service of Bangladesh Biman Corporation vide letter No.DACGX/30/P-32735/2653/2003/29 dated 30.01.200..

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

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

.... 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. ......the Election Com­mission. The Inquiry Committee found that a loan was given by the Uttara Bank, Narayanganj Branch to the company, namely, M/s. Nordisk Agency Ltd. One "Abul Kashem" was recorded as the guarantor of the said loan, but his particulars were not traceable. So in the first ......tioner admitted in cross-exami­nation by stating "During my correspondence they have disconnected my telephone line". In view of such admission of the petitioner as DW 1 the question of service of notice of discon­nection does not arise. D.W.4, did not produce any document to show ..

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. ......he learned Chief Metropolitan Magistrate, Chittagong, issued process against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate there­upon sent the case record before the Court of Sessions for trial after compliance of formalities. On the date of framin......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. ..

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

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

....d to accept the balance of Taka 3 crore as bridge loan from Grameen Kalyan inasmuch as, the later showed payment of Taka 11 crore only as bridge loan to the assessee; (iii) the assessee imported goods on pay­ment of duties, taxes, etc. at the import stage but the DCT as well as both the app......e assessee-applicant takes us through the assessment order passed by the DCT, the order passed by the Commissioner of Appeal and the order passed by the Tribunal as well as the connected materials on record and advanced the following arguments before us:— (i) the appeal was filed before t......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   ..

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

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

....xplanation, Lord Hale in Gulsha (1914); 25 1C 1005 noticed the report of the Law Commission that "The meaning of the commis­sioners we concede to be is that, where in coun­tries in which good medical treatment is common, it is difficult to suppose that a person inflicting a slight wound......n of the offender and so agreeing with Bridwood, J, sentenced the offender only for an attempt under section 307 of the Penal Code. 26. The High Court Division on appreciation of the evidence on record and the confessional statements of the appellants came to the conclu­sion that "the ......000 each in default to suffer rigorous imprisonment for 3(three) months more. 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

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

....ioner company is engaged in telecommunication business and a licensed public switched telephone network (PSTN) operator and domestic data communication service provider (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments suppl...... the petitioner with immediate solution of the problem faced by the petitioner with the system equipments as described in the legal notice dated 7.8.2011, Annexure-L and also to supply the equipments recorded and requested by the petitioner through their purchase order dated 1st June, 2011, Annexure......ctronics and communication equipments. The petitioner company is engaged in telecommunication business and a licensed public switched telephone network (PSTN) operator and domestic data communication service provider (DDCSP), operating with utmost goodwill and high reputation. The petitioner company..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

....aka 87,14,891.68 as VAT alleging to be less paid during the period of 21-9-2006 to 28-2-2007 and adjusting the said amount by deduct ion in the current account register and stopping the supply of the goods till having positive bal­ance in the said register (Annexure-G) should not be declared to ......espondent No. 3 is very much unlawful, without jurisdiction and to be declared as void and a nullity in law. 27. Moreover section 43 of the Act empowers the National Board of Revenue to call for record and to examine the same and arrive at its decision on a given matter, for proper apprecia­...... 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

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

.... by excavating a tank and has since been residing there. Defendant No.1 was never a borgadar under Hedayet Hussain and others who were never the owners of the suit land. This defend­ant has acquired good title by adverse posses­sion. 5. The trial Court decreed the suit on contest in part and the ......auction and got delivery of possession and sale certificate. The total area of this Niskor was 15 drones covering different mauzas. During the CS operation of 1915-1918 only 100.42 acres of land were recorded in CS Khatian No.212 in respect of Ander Manik Mouza in the name of Baksha Ali Mia. The oth......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. ..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

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 ......the learned Senior Advocate for the writ petitioners the learned Judges of the High Court Division on mere surmises and conjec­tures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit case where justice demand an exemplary monetary compensation f......vidence, the precise amount which would be decreed in his favour. In these circumstances, the refusal of this Court to pass an order of compensation in favour of the petitioner will be doing mere lip-service to his fundamental right to liberty which the State Government has so grossly violated. Arti..

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. ...... section 143A of the East Bengal State Acquisition and Tenancy Act (the Act) impleading Peerzada Abul Quashem, Md. Hasnain Siddiqui and Satinath Bandapaddhaya as opposite parties for correction of record in respect of the same plots of land as mentioned hereinbefore. This was a fraudulent endeav......decided in his 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 favo..

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)

.... business of importers, manufacturers, and dealers in building and construction materials of all description and kinds, glassware, utensils parts, instruments, electrical, water supply and sanitary goods and article of all kinds of descriptions. “1(d) To acquire or purchase low lands/ditc......n 9.3.2012. There being no creditor of the company, as informed, none appears to be interested to object the proposed amendment. 6. We have heard the learned Advocate, perused the materials on record. It appears that by a resolution dated 29.12.2011, adopted in extra ordinary general me......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