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H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)

....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......d 4 to return the L/C money to the petitioner is required to be passed by this court by way of judgment in the substantive petition. 5. We have heard the learned Advocate, perused the materials on record. 6. It appears that Annexure-A is the Pro-forma invoice which shows that the respondent No......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..

Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......take. 15. The crux of the dispute is, therefore, whether the writ petitioner was appointed as 2nd teacher in the post of Lecturer of Sociology in Higher Secondary Level or not. 16. From the record it appears that the Principal (in charge) Alaipur (Degree) College, in his reply later dated ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datta and Ramesh Chandra Datta were the CS recorded tenant of the land under CS Khatian No.1072 in the year 1941. Petitioner's father Abdul......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ..

Category: Others | Date: 22 May, 2012 | Hits: 9

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

....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. ......ons of the High Court Division that the Biman exercised arbitrary power in ter­minating the writ petitioners presupposes that the High Court Division on superficial consideration of the materials on record declared the orders of termination illegal and void. It is finally contended that the High Co......ic Assistants, Junior Commercial Assistants, Security Guard, Flight Stewardess, Junior Supply Assistant, Junior Sales Assistant, Junior Commercial Assistant, Assistant Cook and so on. They joined the services on different dates and some of them were also promoted in course of time. Biman promulgated..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

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   ......writ petition is another frivolous attempt just to jeop­ardise the long cherished trial of war criminals. Although the name of Mr. AKM Fakrul Islam, learned advocate, is cunningly absent from the record, it is him who has been seeking adjourn­ments etc. since filing of this writ petition. Ev......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)

....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. ......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. ......0 showing the date of occurrence on 13.06.2008 i.e. 21/2 years back. Complainant alleged that at 12 noon on 13.06.2008 the complainant gave Tk.3,50,000/- to the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on..

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)

....3-4-2007 till the date of award. e) Time costing at the rate of 1, 00,000 from 3-4-2007 till the date of award. f) For the loss of future business- Taka 10, 00, 00,000. g) For the loss goodwill Taka 5, 00, 00,000. h) Cost of mental agony and sufferings Taka 3, 00, 00,000. i)......can be easily understood that if such amicable settlement was reached in between the parties, there was no reason to take the matter before the Syndicate for any further decision. It appears from the record that while the Amicable Settle­ment Committee had been holding meetings and fixed another......e tendering method has been defined. It shows that first stage ten­der only invites un-priced technical proposals describing technical performance, quality and other characteristics of the goods, services etc. Obviously it includes the country of origin of the goods previously proposed to be sup..

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. ......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. ......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. ......e land of SS plot Nos. 3428 and 3432. The deed of sale and the power of attorney in favour of Arun Chowdhury are false, fraudulent and collusive. During S.A. operation, the land of first schedule was recorded in three SS plots, namely, plot Nos.3433, 3428 and 3432; SS plot Nos.3428 and 3432 were wro......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)

....n 106 of the Transfer of the Property Act and thereafter, filed the suit. 3. Defendant appellant's case is that, the father of the plaintiffs, late Professor Yusuf Ali and this defendant had good relationship. This defen­dant established "Datco Private Limited" Company and thi......ance in the Rule. In the result, the appeal is dismissed with­out any order as to cost. Rule of Civil Revision No. 4570 of 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) (......hat, respondent legally obliged to provide rent receipts as per sec­tion 13 of the Premises Rent Control Rules, 1964 and relied on the case of 38 DLR (AD) 196. Learned Advocate on the question of service of notice under section 106 of the Transfer of Property Act submits that it is mandatory and..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....e's confidence in the judicial system. Learning, personality, manners and stature in the judicial func­tioning matter. A Judge is as much respected as he respects the law, justice, equity and good conscience, and above all serves and seen to serve the cause of justice. It is desirable that t...... that does not mean that the provisions of law which are applicable to the Bank and its employees have no force of law. 16. Upon hearing the parties and on con­sideration of the materials on record the following points have emerged for our consideration: a) What is the status of Gramee......ed thus: 4. Grameen Bank Ordinance, 1983 (Ordinance No. XLVI/83), was promul­gated on 4th September, 1983 with a view to establishing a Grameen Bank for providing credit facilities and other services to landless persons in rural areas and other matters connected there with. Section 14 autho..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

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. ......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. ......rative Tribunal Act was amended on 19th November 1997. As the petition­er's case was pending long before the 19th November 1997, the bar to filing A.T. Case within two months from the date of service appeal would not be applicable to the petitioner. The amended provision did not have retrosp..

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.  ......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.  ......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.  ..

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. ...... has appeared. 8. We have considered the submission of the learned Additional Attorney General and gone through the judgments of the High Court Division and the tribunal and also the evidence on record. 9. We find substance in the submission of the learned Additional Attorney General. ......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)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ported in AIR 2000 (SC) 1702, similar view has been reiterated. In the said case also the order grant­ing pardon was set aside on the ground that Governor had not applied his mind to the material on record and has mechanically passed the order just to allow the prisoner to overcome the conviction a......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

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)

....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. ......pports the impugned judgment and order delivered by the High Court Division. 13. We have considered the submissions of the learned Advocates, the impugned judgment and order and the materials on record. 14. For convenience, the petitioner of Civil Petition for Leave to Appeal No.429 of 200......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)

....uty as per the Baggage Rules. The Joint Commissioner of Customs, Zia International Airport by his memo dated 5-3-2001 issued a show cause notice upon the Officer-in-Charge of the godown of valuable goods (মূল্যবান গুদাম কর্মকর্তা) of the airport named ......made by the petitioners that all of them brought gold in Bangladesh and not Shamsul Sheikh alone and they wanted to pay customs duty are not fully sup­ported by the papers and materials brought on record by the petitioners." But the Rules were made absolute in 6 (six) writ petitions giving rise......tements made by him in reply to the show cause notice "were false or untrue he would have been punished by the concerned authority. But no action is reportedly taken against him and he is still in service." We do not see any factual and legal basis behind the reason assigned by the High Court Di..

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

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......n payment of salami and since then they have been possessing the suit land by growing seasonal crops thereon. That recently the plaintiffs came to know that the defendant Nos.5 to 9 got the suit land recorded in their names collusively and the defendant No.4 thereafter obtained a decree declaring hi...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

..... In this connection reliance may be made on the case of Faiz Ahmed Chowdhury and another Vs. Baktear Ahmed Chowdhury and others (1984) 36 DLR (AD) 97. In the above case, this Division relying upon a good number of cases, held as under: “As a general rule, the appointment of a receiver in a ......ed by the High Court Division. 15. We have considered the submissions of the learned Advocates, perused the impugned judgment and order delivered by the High Court Division and the materials on record. Admittedly the plaintiffs filed a suit for partition in 1982. The plaintiffs claimed a saham......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......r. 11. On the other hand Mr. Abdul Quiyum, the learned Senior advocate has argued to the effect that the High Court Division has committed an error which is very much apparent on the face of the record. The learned advocate has clari­fied his submission stating that it is an admitted fact that......n not consid­ering that from the evidence of the P.W.1 along with P.W.4 and exhibit-4 the certificate together with material statements of O.P.W.1 in cross-examination it is proved beyond doubt that service in the preemption case was made on 04.04.1999 in accordance of Civil Procedure Code for the ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149