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Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....Ministry of Health and Family Welfare, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others………...... Respondents. Judgment February 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner.......Welfare, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others………...... Respondents. Judgment February 19, 2012. Result: The Rule is made absolute. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. Abdul Baset Majumder wi..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

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

....vision of the Bank Companies Act, 1991. 8. However, he has admitted that the said company was shown as a defaulter in the CIB report. So, the Company filed Writ Petition No. 491 of 2007 and obtained Rule Nisi and an order of injunction restraining the Bangladesh Bank and the Sonali Bank from publis......Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and others, PLD 1999 SC 57. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....lecommunication Regulatory Commission (BTRC) and others……...............Respondents Judgment  February 13, 2012. Result: The writ petition is maintainable. The Rule is made absolute in part. Tele Communication (Amendment) Act (XLI of 2010) Sub-sectio......become a sovereign contract and, as such, writ is maintainable..........(44) Cases Referred to- Sharping Fishery case, 39 DLR (AD) 85; Bangladesh Telecom Ltd. Vs. BTTB, 48 DLR (AD) 20. Lawyers Involved: Rafiqul Haque, Senior Advocate with Sheikh Fazle Noor Taposh, Advocate with M..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......nt February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respo..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....M Altaf Hossain, Deputy Attorney General with Ms. Ydhida Zaman, Assistant Attorney General-for the Respondents Writ Petition No. 3134 of 2010 Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12.04.2010 was in following terms: “Let a Rule Nisi be......, Dhaka City Corporation, City Corporation Bhaban, Ramna, Dhaka, Bangladesh and others.......Respondents Judgment February 2, 2012. Result: The rule is hence made absolute. Lawyers involved: Manzill Murshid, Advocate-for the Petitioner ABM Altaf Hossain, Deputy A..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....ellip;…..Accused-Petitioner Vs. State………………………Opposite party Judgment February 2, 2012. Result: The Rule is disposed of.  The Code of Criminal Procedure, 1898 (Act No. V of 1898); sections 2......ion and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based on evidence....................................(11 & 12)   Lawyers Involved: None appears - For the Petitioner.  Md. Khurshid Alam Khan, Advocat..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......an Vs. State, 15 DLR (SC) 51; Nausher Ali Sarder Vs. State, 1987 BLD (AD) 324 = 39 DLR (AD) 194; Abed Ali Vs. State, 1990 BLD (AD) 89 = 42 DLR (AD) 171 and Abul Khair Vs. State, 44 DLR (AD) 225. Lawyers Involved: SM Shahjahan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....en out of the judgment and order dated 18.10.2001 passed by a learned Judge of the Single Bench in Civil Revision No.2571 of 1998 heard analo­gously with Civil Revision No.2572 of 1998 making the Rule absolute. 54. The appellant as plaintiff filed Title Suit No. 50 of 1990 in the Court of t...... Vs. State of Madras AIR 1950 SC 27; Hafizuddin Ahmed Vs. M Aslam Miah, 55 DLR 95; Rohit Pulp and Paper Mills Ltd Vs. Collector of Central Excise Baroda, Supreme Court Cases, 1990 Vol. III, 447. Lawyers Involved: Abdul Wadud Ehuiyan, Senior Advocate instructed by Fakhrul Islam, Advocate-on..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....ner Vs. The State and another…………………………Opposite parties Judgment January 26, 2012  Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the peti......l Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) page 18; Salma Khatun Vs. The State, 38 DLR page 348; Habibur Rahman Mollah Vs. The State, 62 DLR (AD) 233. Lawyers Involved: M. Amirul Islam, Senior Advocate with Md. Shamim Haider Patwary, Advocate - F..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

.... Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any busi­ness enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and conditions attached to the license must be strictly fol­lowed. A clai......guaranteed by Articles 31 and 40 of the Constitution does not exonerate or indemnify a license holder from breach of the terms and conditions of the license.....................................(6) Lawyers Involved: Abdur Rub Chowdhury, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

....Court only on the ground that it is in excess of, or not otherwise in accor­dance with, the award. Court has to see whether there is any reason for setting aside the award before making the award Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. N......tive Engineer, Lined Channel Division, (1992) SCMR, 65; Abdul Hakim Khan Vs. Lahore Improvement Trust, The Mall, Lahore, PLD 1950 Lah 32 and Juggilal Vs. General Fiber Dealers, AIR 1962 SC 1123. Lawyers Involved: Syed Amirul Islam with MA Samnd, Senior Advocates, instructed by Md. Naivab A..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....ench of the High Court Division. after hearing the learned Counsel of all the contest­ing parties, made that rule absolute by the impugned judgment and order holding that in the Land Appeal Board Rules, 1990 there is no provision for any sec­ond review after disposal of the first review appl......ege.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: The petition is dismissed. Lawyers Involved: Zainul Abedin, Advocate-on-Record—For the Petitioner Khondaker Sai..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....d. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Md Shamim Vs.State, 19 BLD 542; Monir Hossain Vs.St......96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawyers Involved: Md. Khurshid A lam Khan, Advocate—For the Petitioner. MH Sarder, D..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....aman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule is discharged. Cases Referred to- Bangladesh vs. Tajul Islam, 49 DLR (AD) 177; Bangla...... Moudoodi Vs. West Pakistan, 17 Act (SC) 209; Farid sons Ltd. Vs. Pakistan, 13 DLR (sc) 233; Swadeshi Cotton Mills Vs. India, AIR 1981 sc 818; Fazai Bhai Vs. Custodian General, AIR 1961 SC 1397. Lawyers Involved: A.M. Amin Uddin with Munshi Moniruzzaman, Advocates - For the petitioner. ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....aside under provisions laid down in the Code of Civil Procedure 1908 on the grounds provided in the said provisions. In the instant case the judgment debtors once filed an application under Order XXI Rule 90 of the CPC. The exe­cution court vide order No.150 dated 15-3-2004 rejected the said app......­lated in the said section 32 of the said Act to the effect that the said application shall be rejected…..(17) Cases Referred to- Ahmed Miah Vs. Ejahar Miah, 40 DLR (AD) 26. Lawyers Involved: Mahbubey Alam, Khan Saifur Rahman, Abdul Quayum with Sheikh Zulfiqur Bulbul C..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)

....Swapan Kumar Mitra, Advo­cate —For the Appellant. Md. Sultan Uddin, Advocate—For the Respondent. Memorandum of Appeal from Original Order No.119 of 2010 with connected Civil Rule No. 299 (FM) 2010. Judgment Md. Nuruzzaman J. - The instant appeal, at the instance o......per adjudication of the dispute will not be possible at all. In that case none of the parties restrained the 3rd Party to start the another arbitral proceeding or join the proceeding........(11) Lawyers Involved: Mohammad Alt with Swapan Kumar Mitra, Advo­cate —For the Appellant...

Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petition..........................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, 2012. Result: The Rule is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. No one appears - ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)

....Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012. Result: The Rules are discharged. Cross-cheque/ Account Payee cheque as negotiable instrument Cross-cheq......t, the title, the preamble, and all other related parts of the statute………………………………(13) Case Referred to- Arifuzzaman Vs. State and another, in Appeal No.514 of 2010. Lawyers Involved: KB Rumy, Advocate - For the Accused-Petitioner.  Zahirul Haque Zahir, D..

Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....ssing the suit land peacefully on payment of rent to the Government and the suit land has also been recorded in their names. That the defendant No.14 Mirzarul Alam Chowdhury made an application under Rule 30 of the State Acquisition and Tenancy Rules challenging the recording of the suit land in the......p;…...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. Result: The Petition is dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-R..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....af Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Petition No.10803 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 12th December, 2011, was in following terms: “Let a R......on, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Altaf Hossain, D..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12