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

....t 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 Mehedi Hasan Chowdhury, Advocate—For the......t High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J  Sheikh Hassan Arif J Grameen Phone Ltd...............................Petitioner Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others…….............one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

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

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 54 DLR 273; BCIC Vs. Sattar Match Works, 44 DLR (AD) 208. Lawyers Involved: Md. Moazzam Hussain, Advocate - For the Petitioner.  ABM Shamsud Doulah, Advocate - For the Respondents.  ......2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......cts Vs. The Registrar of Trade mark, Karachi, PLD 2975 Karachi 421; Abdul Aziz Vs. Seven-up Company, Karachi, PLD 98 Karachi 10; Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 54 DLR 273; BCIC Vs. Sattar Match Works, 44 DLR (AD) 208. La..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

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

....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. Respondents—Not represented. Civil Peti......dul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Agriculture and ot......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. ......dingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

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

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....eferred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapoor (2001) SCC 118. Lawyers Involved: NK Saha, Advocate—For the Appellants. Minal Hossain. Advocate—For the Respondents. MI ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J Tarik Hossain and others...................Appellants Vs. Dulari Begum & Others……………….....Respondents ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

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

....on 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 Attorney General with Ms. Ydhida Zaman, A......vision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB)....................Petitioner Vs. The Mayor, Dhaka City Corporation, City Corporation Bhaban, Ramna, Dhaka, Bangladesh and o......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

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

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

....ion of offence must be based on evidence....................................(11 & 12)   Lawyers Involved: None appears - For the Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Anti-Corruption Commis­sion.  Shafiul Bashar Bhandary, Deputy Attor......Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohamad Ullah J Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Opposite party......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

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

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....other…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: The appeal is dismissed. Lawyers Involved: M. A. Wahab, Advocate - For the Appellants. Yousuf Mahmud Morshed, Assistant Attorney General- For the Respond......High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Shah Md. Saiful Alam alias Liton and another…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: Th......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

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

.... 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—For the Appellants (In Criminal Appea......bsp;           Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In bot......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......ted in: 20 BLC (AD) (2015) 98.         ..

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

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

....ed 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-Record—For the Appellants. (In Civil Appeal ......sp; Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Shamsul Huda J   Md. Imman Ali J  Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed………………………&he......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

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

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....of 1988 acquitting the accused of charge under section 6(5)(B) of the Muslim Family Law Ordinance, 1961. 2. This appeal has been appearing in daily cause list for a couple of days with name of the Advocate for appellant. Today it is taken up for hearing, but no one appears for either of the parti......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Moulana Obaidul Mannan………………………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Re......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

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

.... 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 - For the petitioner. KM Zahid Sarwar, Deputy......diction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another……………………&helli......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......xamined the patient and also advised him to take admission if he is not able to consume food. On 07.05.07 at about 3 p.m. the informant took his son to hospital where the duty doctor asked Dr. Shapan Kumar Kundo (Accused No.1) to examine the patient. The Accused No.1 without physically examinin..

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

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

....ion 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-on-Record—For the Petitioner. For the Respo...... Nazmun Ara Sultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respo......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......n is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

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

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

....akim 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 Ali, Advocate-on-Record—For the Appellant. Mahbubey A...... Md. Imman Ali J      Md. Shamsul Huda J      MN Alam Associated Ltd......... ……………….Appellant Vs.    Chairman, Rajdani Unnayan Kartripakkhaya…………R...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

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

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

.... 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 Saiful Huq, Advocate instructed by Nurul ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Govern­ment College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

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

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

.... Nurun Nahar Begum and others......................Respondents Judgment January 22, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For the Petitioners.  Mahmudul I......; Md Shamsul Huda J     Syed Mahmud Hossain J Md. lmman Ali J     Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

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

....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, Deputy Attorney-General with Gazi Md. Mamunur Ras...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ..

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

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....n into consideration the grounds of appeal the judgment, there is no scope in law for it to be treated in any manner as a judgment..................(19) Lawyers Involved: Md. Arshadur Rouf, Advocate—For the Appellant. Kashefa Hussain, Assistant Attorney-General with Ms. Israt Ja...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

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

.... 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. Forukh Rahman, Advocate - For the respondent No 1. Writ Pe......rt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

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

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

....r Miah, 40 DLR (AD) 26. Lawyers Involved: Mahbubey Alam, Khan Saifur Rahman, Abdul Quayum with Sheikh Zulfiqur Bulbul Chowdhury, Advo­cates—For the Appellants. Ehsanul Karim, Advocate—For the Respondent No.1. Omar Sadat with M Khairul Alam and Md. Aminul Islam, Ad...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………&h......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ..

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

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

....i and another.......................................Respondents Judgment January 15, 2012. Result: The Petition is dismissed. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Abdul Wadud ...... J Md. Shamsul Huda J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment ......eaving son Bijoy Sree Barua. That Bijoy Sree Barua while was in pos­session of the suit land along with other properties died leaving four sons in Prodip Barua @ Bappi (the defendant-petitioner), Dilip @ Badal Barua, Probal Barua @ Babul and Probir Barua @ Monu Barua and wife Mukta Rani Barua @ ......d hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118