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AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 14......on (Special Original Jurisdiction) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..............................

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: ......filed the writ petition before 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..

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

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....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: ......of this Rule the State has decided not to proceed against principal offender named Md. Shamsul Haque, Chairman of the Union Parishad who is the FIR named accused No.1 and to that effect the Assistant Secretary, Ministry of Home had already issued Memo No.স্বম (আইন-১)/মামলা ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ petitioners then sought for judicial review of the said order in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer lega..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......d oth­ers for declaration and mandatory injunction. The plaint case, in short, was that the Banachhaya Mahila Kallayan Samity was a Women Welfare Organization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was re..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repre­sented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others..........Petitioner...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, repre­sented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Dhaka and others...........

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ......ally conferred upon it and as the guardian of the constitution. 12. Then looking back to the landmark deci­sion of the then Supreme Court, passed in the case between Sir Edward Snilson, KBE, Secretary to the Govt. of Pakistan, Ministry of Law Vs. The Judges of West Pakistan, Lahore, reporte..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

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.  ......ee) dated 22.10.2009 passed by the District Judge, Dhaka dismissing Summary Suit No.16 of 2005. The petitioner impleaded the District Judge, Dhaka and the Government of Bangladesh, represented by the Secretary, Ministry of Law as respondent Nos.1 and 2 without impleading the sole defendant, American..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....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: ......esent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Shamsul Huda J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appe..

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.  ......Appellate Division (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.............

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

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....inha J Md. Abdul Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-o......nt: Surendra Kumar Sinha J Md. Abdul Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellant..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)

.... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J The Government of the People's Republic of Bangladesh, rep­resented by Ministry of Finance and Planning, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners ...... limitation holding that no specific reason was stated." Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..

Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ...... exer­cise of its revisional power under section 7A. The Administrative Appellate Tribunal was therefore patently wrong in holding that the limitation could not be counted from 14-9-1989 when the Secretary, Ministry of Home Affairs rejected the appellant's application preferred against the a..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......rt Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

.... by the assessee-appellant that the appeal was filed on 27-5-2001 and, as such, it ought to have been allowed due to operation of the of 4th proviso to section 159(6) of the Ordinance, enacted by the Finance Act, 2002 making provision that the pending appeal, filed by an assessee before the first da......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. ......; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh 28 DLR, 123; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; State Vs. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, 16 MLR 254; State Vs. Secretary, Minist..

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

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ......ondent. Company Matter No.48 of 2012. Judgment AFM Abdur Rahman J. - By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Secretary Abu Tarek Muhammad Zakaria, prays for confirmation of alteration of the provisions of Mem..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

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

.... 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.     ......es and, as such, supply of machineries were made properly accordance with the finally accepted 2nd stage tender. 20. It is true that a letter dated 24-6-2006 (Exhibit-3) was issued by the Member Secretary of the Central Purchase Committee asking clarification about (1) offer of Dryer, (II quali..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) .............Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Ministry of Finance, Bangladesh Secretariat, Ra..

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

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

....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.  ......ellate Tribunal in Administrative Appellate Tribunal Miscellaneous Case No.1 of 2009) Judgment Md. Abdul Wahhab Miah J. - The petitioners, the Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and the other Government functionaries have filed this petition..

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