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Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
..... Judgment Syed Mahmud Hossain J.- Civil Petition for Leave to Appeal No.1434 of 2012 and Civil Miscellaneous Petition for Leave to Appeal Nos.622-624 of 2012 involving similar questions of law having been heard together and are now disposed of by this common judgment. 2. Civil P......b 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. Result: All the c......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
....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.
......tana J
Syed Mahmud Hossain J
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.....................................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)
.... to 20.01.2009 i.e. the date of filing the appeal before it were clearly explained in the application where neither the authority nor the learned Penal Advocate had any negligence and thus erred in law in rejecting the appeal as barred by limitation holding that no specific reason was stated." ......bdul 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 Planning, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. ......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)
....section 26(2)(Ka) of the Ain, 2004 and the impugned proceeding is nothing, but an abuse of the process of the Court and, as such, the same was liable to be quashed, the High Court Division erred in law in passing the impugned judgment and order discharging the Rule. 8. From the allegations m......instructed 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 Miscellan......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)
.... 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is created by the plaintiff. Defendan......l) Present: Surendra Kumar Sinha J Md. 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................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)
.... 3. Mr. Subrata Chowdhury, learned counsel appearing for the defendant appellant had assailed the order of the High Court Division on two grounds, firstly; the High Court Division erred in law in making the impugned order without affording the defendant any opportunity of being heard and......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. Result: The appe......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)
.... allegations made in the petition contending, inter alia, that the case is not maintainable in its present form and that there is no cause of action to file the case. By observing all requirements of law, the authority issued the order of dismissal. So the case is liable to be dismissed. 4. The......ad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The......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
....t
petitioners under the khas khatian
of the Government (the annexure-G).
3.
The case of the writ petitioners, in short, was that their father Md. Sirajul
Islam Chowdhury and the brother-in-law of the writ petitioner No.1, namely, Syed
Muhammad Ullah were granted long term lease of 10 acr......n
(Civil)
Present:
Surendra Kumar
Sinha J
Md. Abdul Wahhab
Miah J
Nazmun Ara Sultana
J
Muhammad Imman Ali
J
Md. Shamsul Huda J
Secretary,
Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat,
Ramna, Dhaka and others....................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)
....ste after the pronouncement of the judgment in the earlier Writ Petition No.20 of 1999 inasmuch as merely because the impugned order was issued speedily it does not necessarily mean that was issued unlawfully. 8. The respondent No.1 has appeared in this appeal and has submitted concise statement.......l) 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 Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others.................................. 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)
....vocate, appearing on behalf of the review petitioner, submits as under: 1. The Appellate Division committed an error apparent on the face of the record to ascertain that the material question of law regarding burden of proof was upon the respondent Nos.1 and 9 to prove their allegation against ......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 Judgment June 5, 2012. Result: The......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. ......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......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)
....be deemed to have been allowed unless the appeal is disposed of within one year from the end of the year in which the appeal was filed; (II) Whether the Taxes Appellate Tribunal was justified in law in not accepting the bridge loan of an amount of Taka 3 Crore which was not an unexplained inves..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and...... 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)
....Sinha J.- I have read the draft copy of the judgment written by my learned brother Md. Abdul Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevan......ossain CJ Surendra Kumar Sinha J Abdul Wahhab 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………&hellip......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)
.... make good the same for smooth running of the same during the pendency of the SIAC Arbitration for which the petitioner has preferred the instant application before this court. 14. On the point of law the learned senior counsel Mr. Ajmalul Hossain QC submits that under the Provisions of Section 7......tion No.28 of 2011. Judgment AFM Abdur Rahman J. - This application, under Section 7(ka) of the Arbitration Act, 2001, filed by the Bangla Phone Limited, against the Huawei Tech Investment Ltd. and another has been contested by the respondent No.2 and now disposed off by this judgment. 2. T......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
....by deduct ion in the current account register and stopping the supply of the goods till having positive balance in the said register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to......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, 2012.
Result:
The rule is ......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)
...........Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Kazi Md. Habib Ullah..................Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Ru......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)
....nd others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of tit......resent: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J Md. Shamsul Huda J Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgm......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)
....Dolly Rani Sen @ Dolly Rani Roy and not from the testator, had/has no locus standi to make application to be added as a party in the revocation miscellaneous case and the High Court Division erred in law in passing the impugned judgment and order allowing his application for addition of party and, a......ab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bimal Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......R......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)
....s in the former 4 (four) Writ Petitions and Taka. 10,000 to the detenue in Writ Petition No. 3489 of 1999. All these Civil Appeals are being disposed of by this single judgment as common questions of law and facts are involved in all these appeals. 2. Since common questions of law and facts are......l 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..................Respondent......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)
....a in Case No.3-85/94(Appeal)-Dhaka and the order dated 08.10.1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No.19 of 1987 to have been passed without lawful authority and are of no legal effect and also for a direction upon writ respondent Nos.3-5 t...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ...... 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
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