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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. ......is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......petitioner Orascom Telecom Bangladesh Limited calling upon the respondents to show cause as to why the decision of the Bangladesh Telecommunication Regulatory Commission issued under the signature of Deputy Director, Legal and Licensing Division (Respondent No.4) vide Memo No.BTRC/LL/Mobil..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....him but the prosecution did not examine Milon and therefore, there remain doubt as to whether the victim made any dying declaration. He further submits that the confessional statement is totally exculpatory in nature which cannot be used against the petitioners as corroborative evidence and tha......ferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......rge, it is not clear from the materials on record that all the petitioners have shot at the victim or that who is responsible for the cause of death. The evidence in this connection is superficial in nature. As there is no conclusive evidence as regards, the principal assailant we are of the vi..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
.... 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
...... necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......ints of law involved therein rightly held that the post of Munsif is permanent and the appointment of the petitioner was on adhoc basis and the post of the plaintiff-petitioner being not temporary in nature he is protected under Article 135(2) of the Constitution of Bangladesh but the learned lower ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ...... of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......or the writ-respondents that:— "Mr. Akter Hamid, learned Counsel, appearing for the petitioners submitted that the petitioners were not appointed against the vacant posts of permanent nature and he did not serve under the corporation for more than 90 days continuously; but was engage..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... the said statement. 73. Of the statements of Md. Omar Ali alias Jahangir and Md. Siddique, the High court Division discarded the statement of Md. Siddique on the reasoning that his statement is exculpatory in nature. Jahangir stated that Zillur told him that one person would be given a lesson ...... Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......tained by one of them. The object of the section is merely to ensure that one person shall not be made responsible for the acts or deeds of another until it is proved that (a) some bond, in nature of agency, has been established between them; (b) the acts, words or writing, which it is pro..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. ......e observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... the mobile phone connections would go beyond their affordable capacity but for the interest of the mobile phone operators. 8. While arguing about the maintainability of a writ petition in the nature of Public Interest Litigation (PIL) ATM Afzal, J in Dr. Mohiuddin Farooque Vs. Bangladesh, 49..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......o Reported in: 18 BLC (HCD) (2013) 308. ......for the plaintiff inadvertently omitted incorporate the prayer for benami declaration. Mere incorporation of a prayer for benami declaration in the plaint, by way of amendment will neither change the nature and character of the suit nor will take away any right of the defendant as the defendant had ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......iving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......sult: The matter shall stand disposed of. Companies Act, 1994; section 233, Sub Section(3)(a)(b)(c), Article 14, 16 The jurisdiction being regulatory and preventive in nature under section 233 of the Act is to be exercised to protect interest of the minority sharehold..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
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 ......ur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......ated 22-9-1996. 6. P.W.2 Dr. MA Aziz held the postmortem and opined that the death was due to shock and hemorrhage which was ante-mortem and homicidal in nature. 7. The police investigated the case and submitted charge-sheet against the accused-appe..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......r life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
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: ...... to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......gment, it does not appear that the point of maintainability of the writ petition was at all raised before the High Court Division at the time of hearing of the Rule. Be that as it may, in view of the nature of the order passed by the National Sports Council, an admitted statutory body, we hold that ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......ted to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
...... which the intent is clothe the meaning an intention of a Legislature must governed, and these are to be ascertained not only from the phrascology of the provision, but also by considering it’s nature, it’s design and the consequences which would follow from construing it the one way or ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... 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 ......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......her civil proceeding with the same cause of action. The wording in section 14 of the Limitation act is not only 'from defect of jurisdiction' but also "or other cause of a like nature" The case in hand comes within the later wordings of Section 14 of the Act. All the..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......a supplementary affidavit in support of its case and regretted for its inability to take appropriate action when the summons “appear/may have been served at a time when the situation was unusual in nature, and sought leave of the Court to defend the suit upon setting aside the ex-parte decree.” ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......mpted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ...... such inquiry the petitioner issued its memo No. CBL/ HO/ 2010/4218 dated 7-12-2010 informing the respondent No. 3 that the said certificate as referred to is a forged and fabricated one where the signature of the Manager of Human Resources of the petitioner bank was forged. It is also stated in the..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......scharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......he respondents for addressing their concern vis-a-vis the berth/ ship handling operation system, whereupon the petitioners were initially given the impression that the arbitrary and discriminatory nature of the berth/ ship handling operation system would be abolished, but with no result. Conseq..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... record shows recovery of some looted gold ornaments from SR Jewelers. On the other hand, no arguments has been advanced that this confessional statement was exculpatory or that this accuseds were involved in this case out of enmity or that this is a case of...... ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... has to be exercised on the basis of well settled principles having regard to the circumstances of each case and not in an arbitrary manner. While granting the bail, the Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment whi..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......ted 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......make gift of the property in favour of his wife and the said transfer was a malafide act to grab the property. As the property became abandoned making of gift by Khawaja Md. Zarrar did not change the nature and character of the property as abandoned. Writ petitioner No.1 by his purchase did not acqu..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
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. ......al Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......s under:— "Since no consequence has been provided for the provisions both in section 6A of the Criminal Law Amendment Act and Rule 19Ka of the EP Rules, 2007, they are directory in nature and the Court shall not become Fuctus officio even after the expiry of stipulated period.&quo..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......er issued by the Head Officer of the Commission addressed to the petitioner vide Memo No. দুদক/২৩৪-২০০(বিঃ অনুঃ-২)৬৬৭১/১ dated 29-4-2001 under the signature of Mubara Khanam, Deputy Director and a follow up letter issued by the Shamnnita District Of..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
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