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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.  ......ivil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 of 2012. (From the judgment and order dated 20-5-2012 passed by the High Court Division in Writ Petition No.4546 of 2012). Judg..

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)

....C (2012) 740. ......rd—For the Appellants. Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No.312 of 2008 (From the judgment and order dated 19.11.2006 passed by the High Court Division in Writ Petition No.2961 of 2005.) Judgm..

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

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

.... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Plannin......cted by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not represented-The Respondent. Civil Petition for Leave to Appeal No.802 of 2009   (From the judgment and order dated 26.01.2009 passed by the Administration Appellate Tribunal, Dhaka in Administrative App..

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. ......ructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellaneous..

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. ......il Appeal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making t..

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. ......Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thu..

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

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

.... 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 and other......ructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represented—For the Respondent. Civil Petition for Leave to Appeal No.736 of 2009. (From the judgment and order dated 28-1-2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.110 of 200..

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)

....g the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order dated 22.03.2005 passed therein for taking over the lease-hold land of the writ peti­tioners under the khas khatian of the Government (the annexure-G). 3. The case of the writ petitioners, in short, was that their fat......tafa Niaz Muhammad, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1170 of 2012. (From the judgment and order dated 02.02.2011 passed by the High Court Division in Writ Petition No.3479 of 2009.) Ju..

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. ...... an appeal. Though the caption of the application filed by the writ petitionerdid not state the word "appeal" but for all practical purposes this applica­tion was filed by way of appeal after the order of dismissal and that merely an omission to write the words "appeal" under regulation 59 could..

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. ......nstructed by Syed Mahbubar Rahman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos.2-10. Civil Review Petition No. 45 of 2012. (From the judgment and order dated 14.02.2012 passed by this Division in Civil Appeal No.27 of 2011). Judgment Sy..

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. ......d: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal Petition for Leave to Appeal No.271 of 2009 (From the judgment and order dated 19.4.2009 passed by the High Court Division in Criminal Miscellaneous Case No.16207 of 2..

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

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

....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   ...... lncome Tax Reference Application No. 90 of 2003. Judgment Zinat Ara J. — This Income Tax Reference application under section 160(1) of the Income Tax Ordinance, 1984 arises out of an order dated 8-12-2002 passed by the Taxes Appellate Tribunal, Division Bcnch-3, Dhaka in Income Tax ..

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

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

....ndra Singh @ Babloo Singh and another Vs. State of UP (2010) 13 SCC 523; Gopinath Vs. State of WB 1984 Supp SCC 228; Mona @ Zillur Rahman Vs. State 23 BLD (AD) 187 = 9 BLC (AD) 125; Fahima Nasrin Vs. Government of Bangladesh, 61 DLR 232; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Amit Das Vs.......Jalil, Deputy Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For the Respondent. Criminal Appeal No.6 of 2005 with Jail Petition No. 8 of 2003. (From the judgment and order dated the 19th day of May, 2004 passed by the High Court Division in Criminal Appeal No.2967 o..

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)

....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: ......g in the hands of the respondent No.1 to enable to the petitioner to open the L/C for any amount in excess of the credit. Upon which although the respondent No.1 and respondent No.2 issued a purchase order against Quotation No. 007171802010011302 dated 4.6.2010, yet it was orally agreed by the parti..

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)

....as that- "Sub­section (2) of section-5 entitles a producer or manufacturer to sell its goods at a price/consider­ation which he declares and neither the National Board of Revenue nor the Government is empow­ered any provision of the vat Act in any way to fix any flat or minimum valu......ment Md. Akram Hossain Chowdhury J.—On an application under article 102 of the constitution this rule nisi was issued calling upon the respon­dents to show cause as to why the impugned order dated 18-3-2007 passed by the Respondent No. 3 demanding Taka 87,14,891.68 as VAT alleging to ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

....ion of the impugned Memo dated 26-7-2010. 10. In Syed Mohammad Salem Azam Vs. Bangladesh reported in 47 DLR (AD) 39 it has been categorically observed, inter-alia. "Action taken by the Government regarding matter already before a Court for adjudication in which the government is a par......ant case the said period had also been expired long before filing of the writ petition and obtaining Rule. Without being appointed at any point of time the petitioner managed to obtain the ad-interim order of stay and till one year he has been working as Nikah Registrar………&helli..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

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

....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. ......r Respondent Nos.1-7. Not Represented—Respondent Nos.8-20. Civil Appeal No.110 of 2007. Judgment Syed Mahmud Hossain J. - This appeal by leave by the plaintiffs arises out of the judg­ment and order dated 13-4-2006 passed by a Single Bench of the High Court Division in Civil Revision No.206 o..

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

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

.... Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an order of a District Judge under this Part shall be final. 388. (1) The Government may, by notification in the official Gazette, invest any Court inferior in grade to a Dis......vocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No.48 of 2004. (From the judgment and order dated the 17th day of April, 2002 passed by the High Court Division in Civil Revision No.3512 ..

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

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers.........ivision under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directions and orders as may be appropriate for the enforcement of fundamental rights con­ferred by Part III of..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

.... filing Miscellaneous Case No.9 of 1977-78 mutated their names in S.A. plot Nos.1353, 1354, 1355, 1356, 1357, 1358 and 1365 and have been in possession thereof on payment of taxes regularly to the Government. Subsequently, Moqbul Ahmed, Syeed Ahmed and Khurshid Jahan, while in possession, sold 5...... Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, 2010 passed by the High Court Division in Writ Petition No.3229 of..

Category: Property Law | Date: 29 May, 2012 | Hits: 12