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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: ......e-C), the respondent No.1 held a meeting presided over by the then Task Force Commander which was attended by, amongst others, the President of the Chittagong Chamber of Commerce and Industries, a member of respondent No.5, the Additional Commissioner of Customs House (Chittagong), the Chairman ......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: ......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: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

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

....4 revealed that Khawaja Md. Zarrar was not available at the address of the case property and that the registered letter addressed to him at the address of the case property returned unserved with the postal report. On 01.07.1985, Khawaja Md. Zarrar was stated to have gifted the disputed property to ......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: ......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: ......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: ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....7-3-2010 (Annexure-A-2), shall not be declared to be without lawful authority and of no legal effect, and as to why the respondents shall not be directed to recruit/appoint/the petitioner against the post of Sub-Inspectors of Police pursuant to the respondent Nos. 7's recruitment notice dated 27......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

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.  ......e of dis­posal of this Civil Petition for Leave to Appeal are as follows:- The Chairman of the Bangladesh Bar Council by a circular dated 14-3-2012 declared the election schedule to elect 14 members of the Bar Council under Article 8 of the Bangladesh Legal Practitioners and Bar Council Ord......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.  ......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

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

....§à¦¿à¦®à¦¾à¦²à¦¾, ২০০৫ (the Rules, 2005), if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post. (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfe......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ..

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

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. ......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. ......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. ......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. ..

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

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. ...... 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. ...... 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. ...... 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

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

....it to the Ministry concerned for final selection. In the present case, the Advisory Committee in it's meeting dated 9-12-2009 (Annexure-Q) though found the petitioner qualified for the respective post but had excluded the name of 3 (three) other candidates finding, inter-alia, that panel of 3 (t...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......ed Memo No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issued by the respondent No.1 (Annexure-A) directing the respondent No.7 to prepare a fresh panel for appointing a Nikah Registrar for No.1 Sindurpur Union Parishad under Upazila-Dagonbhuiyan, District-Feni should not declared to have been issued wit......o No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issued by the respondent No.1 (Annexure-A) directing the respondent No.7 to prepare a fresh panel for appointing a Nikah Registrar for No.1 Sindurpur Union Parishad under Upazila-Dagonbhuiyan, District-Feni should not declared to have been issued without l..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....in .February and June, 1996. In all these cases he was released on bail. It is because of this fact that the detenue was arrest­ed under section 54 on 30-8-1999 and to remove the detenue from the post of Chairman, and to pre-vent or obstruct the detenue in arranging his defence in the aforesaid ...... 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 ...... Vs. Roushan Bijoya Shawkat Ali Khan, 18 DLR (SC) 214; Government of 2 West Pakistan Vs. Begum Agha Abdul Karim Sherish Kashmiri: 21 DLR (SC) 1; Khatri Vs. State of Bihar, (1981) 1 SCC 627; Mehta Vs. Union of India, AIR 1987 SC 1086; Bandhua Mukti Mocha's Case, (AIR 1984 SC 802); Rudul Shah Vs. ......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 Union Parishad under Ramgoti Police Station in the District of Laxmipur. Detenue was arrested on 30-08-199..

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

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... by a public authority and in the facts and circumstance also involves a violation of the elementary principles of natural justice. In the instant case, the petitioner is the only teacher in the post of Sociology in the Higher Secondary Level of the Alaipur (Degree) College. Therefore, he is le......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... did not respond or reply to the application of the petitioner dated 4-1-2009. Thereafter, the petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them to receive rent from the petitioner but without any result. Finding no alternat......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ..

Category: Others | Date: 22 May, 2012 | Hits: 9

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

....interna­tional law took place. Therefore the maxim "nul-lum crimen sine lege" (no punishment of crime without a pre-existing law) has no application since the charter did not create any post facto law. Professor Hans Kelsen (a jurist & legal philoso­pher) wrote: "The ......of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes......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   ......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

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on 24.04.2009, the complainant got an interview card for the post of Assistant Sub-Inspector of Food and the complainant further alleged that the accused again......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

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.     ......nstitution dealing with the policy matter regarding management and operation. On 9-10-2004, Mr. Md. Shahiduzzaman, the then Member of Parliament (MP) of the ruling party, was nominated as a Syndicate member of the BSMMU by the Speaker. He was also Managing Director of the claimant com­pany at th...... 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.     ...... 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

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....9; the property as bona fide requirement. Learned Advocate lastly sub­mit that trial Court did not make any error of law in concluding that the notice was duly served as it was send by registered post at the registered address of the defendant as such, as per provision of section 27 of the Gener...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

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

....e High Court Division acted illegally in rejecting their petition in-liminc, inasmuch as, they filed the writ petition in their personal capacity and even though they have no personal interest in the post of Managing Director, they have the right to prevent the interference in the internal affairs o......ssioner of police ordered an inquiry to be held. It reported that false evidence had been fabricated for use at the trial. Article 135(2) of the Constitution of Federation of Malaya provides "No member of such a service as aforesaid (the police service is one of these) shall be dismissed or red......ppeal No.190 of 2003; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways......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

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. ......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

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

....t manner the file was initiat­ed by the Government, and whether the relevant file was at all placed before the President; even if, the file was placed before the President then what mate­rials were posted for his consideration to give par­don and remit the sentence of the petitioner. Because of n......he sentence on prisoner Shri Siriyans Kumar Jain, who belonged to 'Bharotio Janata party', in exercise of power conferred by Article 161 of the Constitution of India was chal­lenged by one of family members of deceased Rrishan Kumar who was murdered during a local Government election held in the ye......id of the Supreme Court in view of the provisions of Article 112 of the constitution…………………..(54) Cases Referred to- Maru Ram Vs. India, AIR 1980 (SC) 2147; Kehar Singh Vs. Union of India, AIR 1989 (SC) 653; Swaran Singh Vs. State of UP, (1998) SCC 75; Shatapal Vs. State o......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)

....titioners and the other passenger, Abul Hossain arbitrarily acted in violation of the Baggage Rules." On 8-11-2001, the petitioners through their lawyer served a demand justice notice by guaranteed post upon the respondents requesting them to release their gold after taking necessary duties and ......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. ......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

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....;s case that he went to pay rent for the month of November 1991 on the 1st of December but the landlord (mother of the plaintiff) refused to accept rent and thereafter he transmitted the rent through post by money order. That money was returned back undelivered and thereafter he started depositing r......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6