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Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......885 and the Wireless Telegraphy Act, 1933 for installation and operation all over Bangladesh for the multi-station radio system of Digital Mobile Cellular Telephone Service in the frequency band from 900 to 905 MHz and 945 to 950 MHz with at least 12.5 KHz channel spacing at both ends of the Ba......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......d trial court rightly decreed the suit holding that the plaintiff is entitled to get relief as prayed for. The learned counsel further submits that the domicile of origin is not a matter of choice or free will which is received or communicated to him by birth and the domicile in origin is not lost b...... (formerly Faridpur) and a permanent resident of the said village since his fore-father. In the year 1964 for local disturbance the plaintiff-petitioner went to India and passed the H.S.C Examination from R.K. Mission School at Narendrapur under District 24 Parganas in West Bengal, India in 1967 and...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....s allowed to participate in the tender process by implementing the decision of the Review Panel, it does not necessarily mean that NETAS is going to get the work but a healthy and competitive bidding environment will be created. He continues to submit that BTCL, in Writ Petition No.5073 of 2012; has......ars from the Annexure B to the writ petition No.5073 of 2012 that the borrower country is responsible for procurement of goods, albeit subject to review by JICA to ensure best use of their fund being free from corruption and it does not suggest that their guidelines shall override the laws of the bo......-F). 3. In Writ Petition No.5095 of 2012, the petitioner, who is respondent No.4 of Writ Petition No.5073 of 2012, sought a direction upon the Bangladesh Telecommunication Company Limited (BTCL) from this Court to implement the decision dated 6-3-2012 passed by Review Panel-2. 4. The relev......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......pertinent area; "directive forces', which is the method of sociology that reflects a Judge's outlook on justice, morals, and social welfare, the more of the day. The Judges are riot free, to set-aside existing rules at their pleasure. They have discretion only where gaps exists in ...... passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. Admittedly victim Jibran was murdered on his way home back from office on 9th June, 1999 at about 5-30 PM. According to the prosecution version, Titu had love ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......xpressing its opinion about the maintainability of the writ petition in failing to notice that the writ petitioner stated on the point of the locus standi to maintain the petition that he being "a freelance journalist used to report and write articles on telecommunications activities, operations......maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda Rizwana Hasan. It is also noticeable that after seeking an order from the High Court Division by filing a PIL, the lawyers are appearing before the electronic and p......rape, murder for dowry, kidnapping. f) petitions complaining harassment or torture of citizens by police or other law enforcing agencies. g) petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of herita..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......ant where the valuables were kept and, as such, we find that the victim Abedin went inside the room to commit theft and at the time of committing theft the accused-appellant dealt blows and there was free fight at dark night and both of them were injured. 60. It appears from the evidence of the...... investigation submitted final report in the said Meherpur PS Case No. 12 dated 22-9-1996 as the victim succumbed to the injuries and subsequently the police procured another First Information Report from P.W.1 the brother of the victim, which is not a correct First Information Report. He further su......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......that there is no transgression by one organ into the domain of the other. The three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the pr......there is no transgression by one organ into the domain of the other. The three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preserv......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
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. ...... the power of this Division. 39. Therefore, we have decided to dispose of all the civil miscellaneous petitions for leave to appeal and the civil petition for leave to appeal. In order to ensure free and fair election, a fresh schedule should be published by the Bar Council after correctin......een stated that Article 10 of the Order of 1972 provides that the Bar Council shall admit persons as Advocates on its roll, to hold examinations for purposes of admission and to remove Advocates from such roll and also to prepare and maintain the roll of Advocates. Article 20 provides that the ......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. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
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. ...... rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point." 32. Having considered that the provisions of the RPO in general it appears that to ensure free and fair election and also to ensure the right of the electorates the Representation of the Peo......n-payment of telephone bills by the petitioner for an amount of Tk.31,110 against telephone No.45701 earlier taken by the appellant. 6. Respondent No.1 also claimed that the petitioner took loan from the Pubali Bank Limited and the outstanding loan stood at Tk. 31, 71, 00,000. 7. Ignoring ...... 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. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
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 ......llegally; that non acceptance of the pre-operation revenue and confirmation of the same is contradictory to GAPP; that the disallowance of Taka 1,23,6707 by the DCT spent on distribution of free sets is contradictory to section 29(1) (xxvii) of the Ordinance; that the disallowance of some ...... dated 27-3-2001 allowed the appeal in part. However, he did not interfere with assessment order regarding the disallowance of Taka 2, 69,31,994 paid as interest to Grameen Kalyan for the loans taken from it and also regarding disallowance of Taka 3,00,00,000 obtained as bridge loan from Grameen Kal......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 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ha straightaway jumped into the pond to save herself out of their clutches or the appellants pushed back Trisha into the pond or that they actually caught hold of Trisha and while she was fighting to free herself out of their clutches fell into the pond. The prosecution case was that the appell......I feel it proper to state short facts for the brevity of my separate opinion. Victim Trisha, a minor girl of school going standard four students was returning home on 17th July, 2002 at about 3-30 PM from school and when she reached near the Gaibandha Madhyapara Maternity Center, the appellants bloc......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..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: ......nsive set of the recommendation for the respondent No.1 to remedy the problems faced by the petitioner which quantified the Hardware requirements at US$ 45,000 which the petitioner is entitled to get free of cost to the extent earlier credit of US$ 14,500. But the respondent Nos.1 and 2 failed to re......not settle all outstanding issues with the petitioner, the petitioner shall be obliged to refer the arbitration as per Clause 18.3 of the Contract. However the petitioner did not receive any response from the respondent No.1 practically the respondent No.1 did not complete the installation of the to......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: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... respondent No.1, Nurul Amin being the younger brother of the detenue, Azaduddin, as the writ petitioner challenged the detention of the detenue stating, inter alia, that the detenue, Azaduddin, is a freedom fighter and an university graduate. Twice he was elected Chairman of No. 7, Char Alexander U...... and conjectures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit case where justice demand an exemplary monetary compensation for the detenue from the Respondent Nos. 1 and 2. "But the learned Judges of the High Court Division failed to ...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......umstances for allowing locus standi to the learned advocate in that case were totally different from the present ones. In Beru Bari case, the fundamental rights of the said Advocate to move freely through out the territory of Bangladesh, to reside and settle in any place therein as well as......Division, the petitioner, being an advocate, should also be allowed locus standi since the matter involves important questions of law regarding the interpretation of the Constitution. It appears from the decision in Beru Bari Case reported in 26 DLR (AD) 44] that the circumstances for allo......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......misconstrued Clause 39.1 of the General Conditions of Contract, which merely provides opportunity of the purchaser and supplier to settle up all disputes amicably, failing which, the parties are free to take the matter before the Arbitral Tribunal. There cannot be any binding effect of the pro&...... filed statement of claim before the Arbitration Tribunal seeking following reliefs:—
a) Contract Price—Taka 4, 11, 50,000.
b) Interest on the contract price eat the rate of 17% from 3-4-2007 till the date of award.
c) Office expenses at the rate of Taka 30, 000/-per month...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......her a 'squatter' nor a 'trespasser’ or a 'usurper' of Grameen Bank in any sense. Rather he is the person on whose ideas and innovative projects for extending collateral free small loans to the rural people, the Bank has been established and it has achieved the pres......ns, 1983 have no manner of application to Prof. Muhammad Yunus, that the Bangladesh Bank has not been invested with any authority to pass any order relieving the Managing Director of the Grameen Bank from service and that the removal was in violation of the principle of natural justice. 9 (nine......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......an Case No.31 of 2004. 3. The prosecution case, in short, was that the accused-respondent Md. Kamal Hossain alias Md. Kamal Pramanik was near relation and neighbour of the informant and he had free access to the house of the informant. Taking that advantage the accused-respondent grew intimac......ment and order passed by the High Court Division in Criminal Appeal No.2970 of 2006 (arising out of Nari-O-Shishu Nirjatan Case No.31 of 2004 passed by the Sessions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed.......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......cials of the Bank on 31-10-2010 in presence of local residents handed over the possession of the property to respondent No.11. Since then respondent No.11 had/has been in possession of the property free from all legal encumbrances. Respondent No.11 by his letter dated 22-12-2010 informed the Bank ...... petitioner, ABC Attire Limited (hereinafter stated as the Company) is a private limited garments manufacturing company. In course of its business the Company obtained some loan for running factory from respondent No.9 i.e. Sonali Bank Limited, Dilkusha Corporate Branch, Dilkusha, Dhaka (in short,...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......n the result leave is granted on the additional ground Nos.1, 3 and 4 which are quoted below:- "I. Because the District Board being the tenant under Emperor of India and their tenancy being rent free and Abdul Latif being a ejaradar under the District Board for a limited period and Nabid Ali be......ff, in short, was that the suit land originally belonged to Nabid Ali whose name was recorded in R.S. khatian. That one Abdul Latif was the superior landlord of the suit land who used to receive rent from Nabid Ali since 1925. After acquisition of rent receiving interest by the government Nabid Ali ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....extension was carried out beyond the approved master plan then not only the inside area would be affected but also the trees around the mosque would inevitably be cut down adversely affecting overall environment of the market area. It has also been alleged therein that this illegal extension was the...... 5. Recently a news item had been published in the "Daily Sangbad" on 27-1-2010 that about 152 (one hundred and fifty two) new and temporary shops were to be constructed within the free space inside the market and also on the footpath surrounding the wall of the market (Annexure-A......g the wall of the market (Annexure-A). The petitioner had recently found out that the respondent No.2 was on the verge of allotting the footpath temporarily surrounding the market wall by taking toll from the hawkers who were illegally occupying the said area (Annexure-B) and thereby were tryin......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
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