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City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundation Karmachari Union (proposed), 57 DLR (AD) 155. Lawyers Involved: Ahsanul, Karim with Khairul Alam Chawdhury & Aminul Hoque, Advocates—For the Petitioner. Mahbubul Hoque with Abdul Hye Bhuiyan, Advo­cates&mdash......urisdiction) Present: Nozrul Islam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

.... P.S. Bandar, Chittagong and others………………..Respondents Judgment June 21, 2012. Result: The Rule is discharged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, Senior Advocate with Ali Asif Khan, Advocate with Mohammad Motahar Hussai...... Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others…………......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... = 55 DLR (AD) 33; State Vs. Jabaida Rashid 49 DLR (AD) 119; Prahlad Singh Bhati Vs. NCT Delhi, AIR 2001 SC 1444; Nishar Ahmed Vs. State PLD 1971 SC 174. Lawyers Involved: Md. Amanul Karim, Advocate—For the Petitioners. Sharmina Haque, Assistant Attorney General—For the S......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J Md. Rezaul Hasan J Aslam @ Billal & another.......................Petitioners Vs. State....................................................Respondent Judgment &nbs...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

.... Jalil and others, (1997) 49 DLR (AD) 26. Lawyers Involved: Murad Reza, Additional Attorney General (with Sheikh Shaifuzzaman, Assistant Attorney General), instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellant. Mahmudul Islam, Senior Advocate (with M. A. Samad, Senior......a J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant Vs. Orex Network Limited and others………...............Respondents Judg......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

.... doctrine is the interposition of equity. Cases Referred to- Central London Property Trust Ltd. Vs. High Trees House Ltd. (1956) 1 All ER 26 Lawyers Involved: Md. Mutahar Hossain, Advocate—For the Petitioner. Dr. Md. Bashir Ullah, Assistant Attorney-General with Nusrat......nbsp; ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

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

....war Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu, 45 DLR (AD) 38. Lawyers Involved: Abdul Basel Majumder, Senior Advocate (with M.K. Rahman, Senior Advocate), instructed by Zainul Abedin, Advocate-on-Record-For th...... Md. A Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Resu......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.  ......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)

....ave requi­site qualifications subject to availabil­ity of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellants. Syed Amirul Islam, Senior Advocate, instructed by Syed M...... Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-or-Rashid and others......................................Respondents Judgment ......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. ......s disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ..

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

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

.............Respondent Judgment June 17, 2012. Result: The leave is granted. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represented-The Respondent. Civil Petitio......l Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Planning, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Mizanur Rahman (Mizan)..............................................................Re...... 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. ......aper 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)

.... Vs. State...................................Respondent Judgment June 14, 2012. Result: The petition is dismissed. Lawyers Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represent......mel Hossain CJ Surendra Kumar Sinha J MA Wahhab Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. ......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. ......ismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..

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

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

....sion. Such initiative of the appellate Court is within its jurisdiction and is not an access to its jurisdiction...........................(20) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed Sufia Khatun, Advocate-on-Record-For the Appellants. Harendra Natk Nandi, ...... A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. Shamsul Huda J   AK Azad and another..........................Appellants Vs. Mostafizur Rahman and others..............Respondents Judgment June 13, 2012. ...... 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. ...... 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)

....Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appeal is dismissed. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Appellant. M. A. Salam ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Md. Shamsul Huda J Kabir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. R......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. ......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)

.... 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represen......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs ......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. ......peal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

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)

...............Respondents Judgment June 7, 2012. Result: Appeal is dismissed. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioners. Mustafa Niaz Muhammad, Senior Advocate instructed b......i J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others.....................................Petitioners Vs. Saiful Islam Chowdhury and others........................Respondents Judgment J...... 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. ......ve 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)

....he words "appeal" under regulation 59 could not make the said application a barren one. ………………………………………………………(12) Lawyers Involved: Akther Imam, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants.  A. K. M....... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others...............................Respondents Judgment June 5,......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. ......as got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

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

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

.... The petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Rafique-ul Huq, Senior Advocate (with Anisul Haque, Senior Advocate, with Shah Monjurul Hoque, Advocate, instructed by. Md....... Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgm...... 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. ...... Civil Petition for Leave to Appeal here. Read the Judgment on Civil Appeal here. Supreme Court Appellate Division (Civil) Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Sha..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....ong and another..............................................Respondents Judgment June 4, 2012. Result: The petition is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal P......azmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another......................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. ......cordingly 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)

....) and in not directing the DCT to frame the assessment under section 82C instead of 83(2) of the Income Tax Ordinance, 1984 for the assessment year 1998-99. 8. Mr. ABM Fazlur Rashid, the learned Advocate for the assessee-applicant takes us through the assessment order passed by the DCT, the ord......ion (Statutory Original Jurisdiction) Present: Zinat Ara J IBM Hassan J Grameen Telecom……………….......................Applicant Vs. Commissioner of Taxes... .............................Respondent Judgment June 3,......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   ......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)

....SCC 228; Jitendra Singh @ Babboo Singh Vs. State of UP, (2010) 13 SCC S23 and Abdul Monem Chowdhury alias Momen Vs. State, 47 DLR (AD) 96. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate with Khurshid Alam Khan, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record&md...... Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State…………………………&helli......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. ...... 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)

....1, Dhaka 1212 being the local office of Respondent No.1..................Respondent. Judgment June 3, 2012. Result: The application is allowed. Lawyers Involved: Ajmalul Hossain QC, Advocate with Omar Sadat, Advocate-For the petitioner. Mohammed Mehedi Hasan Chowdhury-For the re......ahman J Bangla Phone Limited, represented by its Managing Director, Amjad Khan, having its Head Office at House No.03, Road No.23/A, Gulshan-1, Dhaka-1212, Bangladesh…..............Petitioner Vs. 1. Huawei Tech Investment Ltd. of Unit 3610-12, 36/F., The Center, 99 Queen’s Road Central,......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..

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)

....to file this writ petition and obtained the instant, rule. 8. No one for the respondents came forward to oppose the rule by filing any affidavit-in-opposition. 9. Mr. MA Hannan, the learned Advocate appearing on behalf of the petitioner submits that the respondent No.3 most arbitrarily and......ourt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Akram Hossain Chowdhury J PHP Float Glass Industries Ltd......................Petitioner Vs. Commissioner Customs, Excise and VAT and others.......Respondents Judgment May 30...... 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 ...... 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