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Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

..... This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......Shyam Nagar Upazilla under Khulna District. The petitioner passed LL.B. Examination from City Law College, Khulna in the year 1976 and on 11.01.1977 he was enrolled as an Advocate from Bangladesh Bar Council and joined in Patuakhali District Bar Association. In the year 1976 the plaintiff-petitioner..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....9 (PC) 47; Kashmira State (Surendra Kumar Sinha J) 19 BLC (AD) (2014); Singh Vs. State of Madras Pradesh, AIR 1952 SC 159; Amir Hussain Vs. State, 37 DLR(AD) 139; Bangladesh (State) Vs. Paran Chandra Baroi, 6 BCR (AD) 225; Khalil Khan Vs. State of Madhya Pradesh, AIR 2003 467; Nazir Hussain Vs. Muha...................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. King Emperor, AIR 1940 PC 176; Bhagwan Swarup Lal Vs. State of Maharastra..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....-General (with Murad Reza, Additional Attorney-General, with ASM Moniruzzaman, Deputy Attorney-General with Sk Shaifuzzaman (Zaman) Assistant Attorney-General), instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—for the Appellants (In Civil Appeal No. 38 of 2007). Mahbubey Alam......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. ..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

.... plaintiff and mutated the name of the defendant plaintiff has other hurdle too to maintain the suit i.e. Section 143B of the State Acquisition and tenancy Act which runs as :— "144 B Bar to Jurisdiction of Civil Court-(1) When an order has been made under sub-section 1 of section 14......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

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: ...... against the institution or person being the Supreme Court or judge thereof. They submit that making such observations the Hon'ble Speaker has usurped the powers and functions of the Supreme Judicial Council basing on hearsay and no more reliable source than print and electronic media, without takin..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......ore the High Court Division challenging the notification under Memo No.এনএসসি/১২০/১৭/জেন/৫০ dated 05.01.2009 issued by writ-respondent No.3, Secretary, National Sports Council (জাতীয় ক্রীড়া পরিষদ) constituting the Executive Committee of..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

.... 3rd Court, at present Joint District Judge, Mymensingh and was heard and the appeal was dismissed by the judgment dated 1-6-1998. Petitioner on the wrong advice of the learned Advocate of Mymensingh Bar, filed review petition being review Case No.19 of 1998 for reviewing the judgment and decree dat...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

.... (Civil) Present: SK Sinha J Md. A Wahhab 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 ......ivil) Present: SK Sinha J Md. A Wahhab 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 Jud..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....local people arrested the appellants while they were fleeing away and handed them over to the police. At the time of occurrence, the P.W. was engaged in his business establishment, Hasan Traders near Bara mosque at Gaibandha town. On being informed by maid, Hasina of his house about the occurrence, ......) 218; Abdul Munem Chowdhury @ Momen Vs. State, 47 DLR (AD) 96; Abdul Munem Chowdhury @ Momen Vs. The State, 47 DLR (AD) 96; Mahomed Syedol Ariffin bin Mahomed Ariff Vs. Yeah Oai Gark, AIR 1916 Privy Council 242; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....der whether the High Court Division was correct in interpreting section 283 of the Act and this Division considering the provisions of section 283(1) (c) of the Act and the other cases cited from the Bar reiterated the view taken in the case of Sreemati Charubala Sen Gupta, being dead her substitute......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

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 ...... been set out and strewn over the fabric of the Constitution. The power to grant compensation or compensatory cost is not barred by any provision of the Constitution or any law of the land. The Privy Council in the case of Mahraja Vs. Attorney-General of Trinidad and Tobago (1978) 2 All ES 670 held ..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....012.   Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, Ministry of Irrigation, 49 DLR (AD) 1. ......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

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....s unsuccessful. Then complaint-Company refer­red the matter to the Arbitration. Arbitration Tribunal was formed comprising Mr. Justice ATM Afzal (Chairman), Mr. Justice Md. Awlad Ali (Member) and Barrister Akhtar Imam (Member), to resolve the dispute. The claimant-Company filed statement of clai...... 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)

.... prior approval of the Bangladesh Bank on 25th August, 1990. The question then turns to be decided as to the tenure of such appointment. On this point there are inconsistent submis­sions from the Bar. It is firstly submit­ted, there is no fixed tenure and on the next breath, it is contended ......riat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (1962) AC Privy Council, 322,..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....y this Act or by rules made there under, a Tribunal shall follow such procedure in respect of thereof as may be laid down by the Administrative Appellate Tribunal. It is submitted on behalf of the Bar that this Tribunal may prescribe a time limit for such an application." 10. It is nec......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120