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Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....in terms of specific appointment letters issued on various dates in the years 1981 and 1982. 8. Mr. Alam, the learned Advocate, next submits that, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th A......ion should be directed for ascertaining the status of the accused petitioners as well as the legality of their nominations for absorption by the Ministry of Establishment…(28b). The cognizance order and the charge framing order are therefore set aside for enabling further investigation, howev..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... decided to amend its object clause to include a new clause, being sub-clause No. ........................... in the Memorandum of Association to facilitate the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. Moha..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....nces under sections 420, 468, 471 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 in connection with absorption of the 11 accused-petitioners as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quy......stigation conducted by the IO was incomplete and further investigation should be directed for securing the ends of justice. The quashment of the proceeding is not called for. However the cognizance order and the charge framing order should be set aside for enabling further investigation. 29. In..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ainst which, decree holder-opposite party moved before the Appellate Division of the Hon'ble Supreme Court in Civil Petition for Leave to Appeal No.184 of 2006. Appellate Division by the Judgment and order dated 31-1-2007 dismissed the Civil petition. Petitioner, as appellant, filed Appeal From Orig..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....he learned Sessions Judge failed to consider the legal forum that against the Judgment and order of such acquittal passed by the Magistrate in GR case, the public prosecutor at the instruction of the Government could prefer appeal before the learned Sessions Judge being appellate forum and, as such,......igh Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......ted by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the High Court Division in Criminal Revision No.811 of 1995) J..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....h observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2......tion was liable to be dismissed. 5. The Election Tribunal, after considering the oral evidence and also the documents adduced by the contesting parties, allowed the election case vide judgment and order dated 14.09.2009 holding that the opposite party No.1 was a loan defaulter on the date of fili..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......structed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed by the High Court Division in Criminal Appeal No.165 of 2005) ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar in Nari-Shish..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......vocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in F.A. No.345 of 2000 and F.A. No.564 of 2..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....urchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs.......ntiff got possession of the suit land as such, a suit for only declaration of title without any consequential relief is not maintainable. 11. In the result, the rule is made absolute without any order as to cost. 12. The judgment and decree dated 4-9-1996 passed by the learned Sub-ordinate..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....g different banking facilities to the customers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume ......10 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in short Ain). At this stage the petitioner moved this Division and obtained the present Rule and order of stay. 4. Mr. ATM Mizanur Rahman, the learned counsel appearing for the petitioner, fro..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
.... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh represented by its Secretary, Ministry of Land, ......te instructed by Md. Abu Siddique, Advocate-on-Record—For Respondent No.1. Not represented-Respondent Nos.2-15. Civil Petition for Leave to Appeal No.2251 of 2010. (From the judgment and order dated 21.05.2009 passed by the High Court Division in Writ Petition No.3581 of 2003.) Judgm..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....Rule Nisi calling upon the respondents
to show cause as to why direction should not be given upon the respondents to
take necessary steps to ensure better medical treatment for the patients in the
Government hospital and why a direction should not be given upon the
respondents not to further inc......patients in the
government hospital and way a direction should not be given upon the
respondents not to further increase the user fees in the government hospital
and /or pass such other or further order or orders as this Court may deem fit
and proper.”
2. The averments figured by the peti..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......d. Zahangir, Advocate-on-Record—For Respondent Nos.1-11 & 13. Not Represented-For Respondent Nos.12 & 14. Civil Petition for Leave to Appeal No.1712 of 2009. (From the judgment and order dated 11.5.2009 passed by the High Court Division in First Appeal No.148 of 2003.) Judgment..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....esaid outstanding dues for this period. It has been seen that the Bank also did not take any steps for clarifying its position regarding the repayment for the loan either form the company or form the Government during this period which it ought to have. We are, therefore, not in favour of awarding a...... import and negligence on the part of the bank's appointed shipping agent, Considering the facts and circumstances, we find no reason to interfere. Accordingly the appeal is dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. Th..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
.... the proviso to Article 12(1) of the RPO which is quoted below:
(n) personally has failed to pay the telephone, gas, electricity, water or any other bill of any service providing organization of the Government before fifteen days from the day of submission of nomination paper.
51. The provision q...... Advocate-on-Record-Respondent No. 7.
Md. Abdur Nur, Advocate-on-Record- For Respondent No. 8.
Not represented- Respondent Nos. 2-6 & 9-10.
Civil Appeal No.27 of 2011.
(From the judgment and order dated 15.12.2009 passed by the High Court Division in Election Petition No. 8 of 2009)
Judgme..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
..... Short facts, relevant for the disposal of the Rule, are that the petitioner company ("Grameen Phone"), through its predecessor Grameen Phone Consortium, entered into an agreement with the Government on 11-11-1996 for installing and running digital cellular mobile radio/phone in Banglades......that the earlier amendment of 2006 to the terms and conditions of the licence regarding charges was done through a lengthy discussions and negotiations between the parties, and finally, the amendment order was issued under section 39 (before amendment) as an agreed amendment order. However, in the i..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
...., a total volume of sale of "PRAN FROOTO" Mango Juice rose at Tk. 4376170 million in four years starting from 2007 accordingly it acquired 82% of the market share paying a good amount in taxes to the Government and therefore, the petitioner is entitled to register its Trade mark under Class-32. But ......they are going to establish business relationship with others in Bangladesh for the purpose of marketing the product "FROOTI" within Bangladesh and, as such, the petitioner is entitled to obtain an order under the Provisions of section 42 of the Trade mark Act 2009 for removal of the said mark "FR..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....b 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 others...........ed: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.34 of 200..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
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