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Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....rious posts under Land Ministry. 16. Against such allegations, the petitioners have filed photo copy of a letter dated 21-4-1982 showing the decision of the meeting presided over by the then Chief Martial Law Administrator where­in a decision was taken for abolition of the জাতীয় যু......efit of absorption under the Ordinance 1985. On the other hand a চাকুরীচ্যুত কর্মচারী will not get the said benefit of absorption……………………(20) Lawyers Involved:  K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6.  ...... named MA Kabir concluded the investigation and submitted charge-sheet on 12-9-1992 under the aforesaid sections. 4. The case record was sent to the learned Divisional Special Judge, Dhaka, who by Order dated 15-4-1993 took cognizance of the alleged offences. The accused-petitioners appeared in t..

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. ......rd Vs. Nasim and Brothers, 1988 BLD 369; Rajdhani Unnayan Kartipakkha (RAJUK) Vs. MN Alam and Associates Ltd., 54 DLR 161; Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd., 55 DLR 578. Lawyers Involved: Fawzia Karim Firoz with Khondaker Aminul Haque, Advocates - For the Petitioner.......bsp; Humayun Kabir Sikder, Advocate - For Opposite Parties. Civil Revision No.347 of 2010. Judgment Sharif Uddin Chaklader J.- This Rule by the Judgment-debtor-petitioner directed against Order No.77 dated 29-10-2009 passed by the learned Joint District Judge, 3rd Court, Dhaka directed t..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......Court or otherwise to secure the ends of justice. But the exercise of the inherent power must necessary depend on the facts and circumstances of each par­ticulars case……………………(20) Lawyers Involved: Rahmat Ali, Advocate - For the Petitioner. KM Zahid Sarwar Deputy Attorney-......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

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. ............................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result: The appeal is dismissed. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Altab Hossain, Advocate...... 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. ..

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)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......ions of the Limitation Act then only these sections of the Limitation Act will have no application in any suit, appeal or application under that special law………………………………(10) Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-......t Represented-For Respondent Nos.2-8. Civil Appeal No.183 of 2011. Judgment Nazmun Ara Sultana J.- This appeal, by leave, at the instance of the writ respondent No.6 is from the Judgment and Order dated 07.10.2010 passed by a Division Bench of the High Court Division in Writ Petition No.365..

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. ......ry.........Petitioner Vs. The State.........................................................Respondent Judgment March 1, 2012. Result: The petition is dis­missed. Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Adv......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. ..

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:......…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant A......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:..

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. ......es) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. Result: Both the petitions are dismissed. Lawyers Involved: Tofailur Rahman, Senior Advocate instruct­ed by Chowdhury Mohammad Jahangir,......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. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98; Waliullah Vs. Hasina Begum, 23 BLD 67=8 BLC 694. Lawyers Involved: Zafar Sadeque, Advocate—For the Petitioners. Nasima Akhter Shanu, ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment  February 23, 2012. Result: ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

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)

....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......oncerned authority to give permanent settlement of the land to the writ petitioners, for, this is solely in the discretion of the concerned officials of the Government.……………………(10) Lawyers Involved: Murad Reza, Additional Attorney General instructed by B. Hossain, Advocate-on-R......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

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

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......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......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

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 of agreement with the admitted signatures of the defendant for comparison by a handwriting expert if the parties make any prayer in that regard…………………………………………(5) Lawyers Involved: Saifuddin Ahmed Chowdhury, Advocate, instructed Syed Mahbubar Rahman, Advocate-......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. ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ...... Vs. Habib Medical Store and Others………………. Respondent Judgment February 14, 2012 Result: The appeal is dismissed. The Court of Law— Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

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

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......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......Division. 12. Mr. Rokanuddin Mahmud, learned Senior Advocate appearing on behalf of the appellant, submits as follows: I. In view of sub-article (1)(e) of Article 12 of the Representation of People Order,1972, the appellant ought not to have been identified with loan liabilities of the company of ..

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

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

....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. ......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......hy;tuted Bangladesh Telecommunication Regula­tory Commission (BTRC), a statutory body, in view of the provisions under sections 89 and 90 of the Telecom Act. Accordingly, BTRC issued Revalidation Order on 24-10-2004 declaring that the said licences along with its subsequent amendments would cont..

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)

....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. ......y, 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. Lawyers Involved: Md. Moazzam Hussain, Advocate - For the Petitioner.  ABM Shamsud Doulah......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. ..

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

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......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. ..

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

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

....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. ......ents Judgment  February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred 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 In......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)

....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:......, 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......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