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Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....ocate, instructed by Sufia Khatiun, Advocate-on-Record-For Respondent No.1. Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judg...... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bang..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....rein is required to be answered in negative and in favour of the assesses-applicant, since both the lower appellate authorities did not consider this aspect of the law and therefore the impugned orders cannot be sustained under the facts and circumstances of the case. 21. Therefore, t......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....can not meet the pre-qualification requirements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority&hellip......is contrary to the provisions of PPA or PPR, only then the provision of the Loan Agreement shall prevail. Other wise, the PPA shall apply in all types of procurement of goods, work or services by the Government under a loan or grant agreement with a foreign organisation or state……&hell..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
.... Bhuiyan, Advocate-on-Record—For Respondent No.1 (In all cases) None appears—For Respondent Nos.2-3 (In all cases) Civil Appeal Nos. 280-291 of 2009. (From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of......ected persons, do not create a legal right in their favour", "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unutili..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....issued by the Assistant Manager, Treasury, of the respondent No.2 Company. Since the shares were taken in the benami of respondent No.3 by using his BO ID 1203-6800-1315-6518, the respondent No.3, in order to secure the ownership of the petitioner in those shares, has issued 5 undated cheques in fav...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....eputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399of2001) ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....e-on-Record—For Respondent Nos.1, 4, 6-7 & 8. Not Represented-For Respondent Nos.2-3, 5 & 9-10. Civil Petition for Leave to Appeal No.1400 of 2011. (From the judgment and order dated 27.1.2011 passed by the High Court Division in Writ Petition No.4088 of 2010.) Judg...... (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 Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secre..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....ecord—For Respondent Nos.1, 4, 6-7 & 8. None Represented—For Respondent Nos.2-3, 5 & 9-10. Civil Petition for Leave to Appeal No.400 of 2011. (From the judgment and order dated 27-1-2011 passed, by the High Court Division in Writ Petition No.4008 of 2010.) Jud......ion (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 Government of Bangladesh, represented by the Secretary, Ministry of Education and others..............Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001) ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....itioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by the High Court Division in First Appeal No.99 of 199...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....ocate-on-Record—For the Petitioner. Md. Tafique Hossain, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.402 of 2009. (From the judgment and order dated 10-11-2009 passed by the High Court Division in Criminal Miscellaneous Case No.24129 of ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....y-General and Mohsin Rashid, Advocate with him) instructed by Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 200......by Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 2002 heard along with Government (Criminal) Appeal No.28 of 20..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....at all maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda Rizwana Hasan. It is also noticeable that after seeking an order from the High Court Division by filing a PIL, the lawyers are appearing before the electroni......awyers with PILs Now-a-days, it is noticeable that a group of lawyers have developed a tendency of filing PIL petitions on behalf of persons or organisations challenging the propriety of the Government in taking decision relating to policy matter, its development works, Orders of promotion..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....he appeal and affirming those dated 7-5-1992 passed by the learned Additional Assistant Judge, 3rd Court, Khulna in Title Suit No.192 of 1990 should not be set-aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 2......s made out and in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....ny in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act. In such circumstances section 233 has invested this court with wide powers to pass appropriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....s.1 and 2 are directed to disposed of the application as evident in Annexure-I strictly as per provision of Section 12(5)(ka) of the Act, 2003 within 15(fifteen) days from the date of receipt of this order. 3. With these observation and direction the application under Article 102 of the Constit......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....twenty four) deducted as Advance Income Tax (AIT) @ 4% from the Monthly Rental and Energy Payment of the petitioner under the said Contract No. 09689 dated 16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were is......ollows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT basis by setting by power plant in Bangladesh. The Government of Bangladesh in order to meet the electricity crisis decided to purchase electric ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....ate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Order ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....re, that such court or tribunal may be acting without or in excess of jurisdiction if this condition is lacking when a tribunal acts without or in excess of jurisdiction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by the Judges of the highes......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... cause as to why the proceeding of C.R Case No.218 of 2002, pending in the Court of Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
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