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Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....s of the suit land by the said two groups of vendors to the petitioners, the latter have been possessing the same. 3. It is stated that both the aforesaid vendors (Basiruddin and Jahnara Begum), prior to selling the aforesaid land to the petitioners, acquired the same by way of the verdicts of ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ...... (Special Original Jurisdiction) Present: Naima Haidar J Md. Khurshid Alam Sarkar J Lal Mia and another..................................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....contended, inter alia, that after the enactment of the Durnity Daman Commission Ain, 2004 (the Ain, 2004,) the initiation of any proceeding in respect of any offence described in the schedule thereto prior sanction of the Durnity Daman Commission (the Commission) under section 32 of the Ain, 2004 wa...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....(1) is a legal requirement and pre-condition to proceed against any person under section 26(2) of the Anti-Corruption Commission Act, 2004. But there is nothing in section 27 requiring service of any prior notice for initiation of a criminal proceeding under this section. So, the offence under secti......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......cts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible posts of the Government including Deputy Prime Ministry, Prime Minister and Vice-President. He is an elected member of the Parliament and member of..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....the sale deed in accordance with law. It has further been observed that Ragib Ali has acquired right in the property and such right cannot be denied since he has purchased the property with prior permission of the Court; that the sale certificate reached its finality; that the acceptance o......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....of Section 3(1) of the Act and consequently license fees and fees for allocation of spectrum are not to be deemed taxable services within the Act. 16. Mr. Mahmud submits that there ought to be a prior finding by this Court that the activity under consideration is of an economic nature. Section ......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. ......d by the Bangladesh Telecommunication Regulatory Commission (BTRC). 3. Pursuant to an advertisement dated 16-8-1995, the petitioner being the successful bidder entered into an agreement with the Ministry of Post and Telecommunications of Bangladesh (hereinafter referred to as 'MoPT') on..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
...... 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
......t
High Court Division
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-O..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....n denying all the materials statements made in the writ petition. The case of the Government, in short, is that Mrs. Farhat Hasan was a Non-Bengali and she left the country just after independence or prior thereto. It was further contended that since the writ petitioners failed to submit any papers ......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. ...... SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....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. ......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. ...... by BTGL on 12-1-2012 but on the same day they have filed a complaint before the Managing Director of BTCL who replied on 16-1-2012 and thereafter the said NETAS filed complaint before the Secretary, Ministry of Post and Telecommunications on 23-1-2012 under Rule 57(7) of PPR, 2008. It is further st..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
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. ......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. ...... Farazi and others.....................Respondents Judgment August 7, 2012. Result: All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171; Abdul Bashar Vs. Bangladesh, 50 DLR (AD) 11. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners V..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......tered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of balance consideration of Taka 50,000 and after obtaining income tax clearance certificate from the income tax authority, the defendant would execute and register the sa...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ting law and apply it to the case at hand. Judging involves a process not of discovery but of creation. Judges rely on four methods; 'philosophy' which involves drawing logical analogies from prior decisions; "evolution' which requires examining the historical development of re......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. ......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
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... to impose or deduct the Advance Income Tax came 1 into force on July 01, 2009 by virtue of insertion of section 52N of the income Tax Ordinance, 1984. So, the contracts in question were entered into prior to the law for deducting the Advance Income Tax. The petitioner having participated in the bid......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......from the Company on rental basis under the existing Private Sector Power Generation Policy of Bangladesh-1996 (Revised in 2004). The Government of Bangladesh created and set up a Power Cell under the Ministry of Energy & Mineral Resources (MEMR) in 1995. The power Cell has a mandate to lead priv..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
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: ......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: ......cial 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..................................… R..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....meet his immediate necessity of money. However, on the facts and in the circumstances of the case, the mitigating circumstances are: 1. The condemned-prisoner has no significant history of prior criminal activity. 2. Youth of the condemned-prisoner at the time of commission of the o......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: ......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: ...... 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: ...... the affiliated clubs, organizations and such other bodies as are designated by the constitution, in accordance with the provisions as stipulated in the Federation’s constitution. The Secretary, Ministry of Sports is hereby directed to request the office of the Auditor and the Comptroller Gener..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:
......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:
......e 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 প্র..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....the record of rights. The society thereupon made 140 housing plots and allotted those plots in favour of the members of the said society; most of whom thereupon constructed residential houses with prior permission of the Rajdhani Unnayan Kartipakha (RAJUK). The writ respondent No.4, a Revenue Of......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. ......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 legally changed..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
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