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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.     ...... 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.     ......sion (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda J Maisha Corporation (Pvt.) Ltd..........................Appellant Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents Judgment M..

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

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

....nd conditions of his service, 33. The said memorandum was issued by the Ministry of Finance fixing the pay scales of the Governor/Deputy Governor of Bangladesh Bank and Managing Directors of the Nationalised Banks and Financial Institutions and providing other related facilities and benefits, t......jendra Singh Vs. State of M.P. (1996) 5 SCC 460; M.C. Mehta Vs. Union of India (1999) 6 SCC 237; Lloyd Vs. Me Mohan (1987) 1 All ER 1118; Me Carthy Vs. Grant, 1959 NZLE 1014; Rex Vs. Local Government Board (1914) 1KB 160; Kanda Vs. Government of Federation of Malaya, 1962 (AC) 322; Century Spinning ......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 ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad..

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

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

....tal pro­ceeding was started against him. The alle­gation was that while on duty on 24.08.1992 in Parcel Import and Sorting Section as a Mail Operator, the petitioner received a bag containing National Geography Magazine from Port Colony Exchange Office and opened the same under the supervisi......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. ........................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Office, Bangladesh Dak Bivag, Dhaka and others......................Respondents Order April 30, 2012. Result: The l..

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

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

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

....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ......010, in short, was that Khan Jahan Ali Adarsha Madrasha of the District-Bagerhat was estab­lished in the year 1993 and the said madrasha received permission from the Bangladesh Madrasha Education Board, Dhaka on 1-1-1996 to open Dakhil course and thereafter, on fulfill­ment of required condi......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135   ...... ..

Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......ng Director, Secretary and Directors to show cause as to why the holding of the 10th AGM of respondent No.1, EXIM Bank "without holding and completion of 9th AGM by electing its Directors of the Board of Directors should not be declared to be illegally done and impractible to call the 10th AGM ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......urt Appellate Division (Civil)  Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....pany signed the cheques. Accused Nos.3-5, petitioner Nos.2-4, herein, are the Directors of the company at all time including the time when the offence was committed. The cheques were presented to the National Bank Ltd SK Mujib Road, Chittagong for encashment through Prime Bank Limited, Agrabad Branc......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... 6-10-2010 and 18-10-2010. The Bank without complying with the provision of the Guidelines accepted the auction of the mortgaged property at the valuation of Tk.70,00,000/- and it was approved by the Board of Directors of the Bank. The Bank communicated it to respondent No.11 through Memo dated 26-1...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......re recorded as R. S. plot No. 792, 793, 801 and 797, under the No.1 khas Khatian in the name of the government. This land was diluviated in the river Sheetalakkha. During the last R.S. operation, the Revenue Officials after surveying the suit schedule R.S. plot No.792, 793, 801 and 797, recorded the...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......same and thus have failed to come to a right decision. Drawing our attention to exhibit-A the learned Counsel for the petitioner has argued that this exhibit-A proves clearly that Chittagong District Board was the owner of the suit land and under this landlord Abdul Latif was a mere ejaradar for a p......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......hamsul Huda J Chittagong Zilla Parishad represent­ed by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......Company with Payment of Tk. 55,00,000/- (fifty five lacs) in share subject to the approval of the Ministry of Industries, which was accorded on 12.01.1995. 4. Next, on 01.4.1995 a meeting of the Board of Directors of the Company was held under the Chairmanship of Defendant No. 2 and in that mee......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......zzaman Khan………………………….....Plaintiff-Appellant Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents Judgment March 19, 2012. Resu..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of defendant No. 3, allotment was cancelled which was confirmed in 53rd Board meeting ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......regularly. The R.S. khatian was prepared in the name of Majharul Huq and others correctly. Majharul Huq and others filed application for demarcation of their purchased land before the Circle Officer (Revenue), Savar on the basis of which Demarcation Case No.21/1981-82 was started and upon field meas......mud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners Vs. M. A. Sattar Bhuiyan being d..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....airline, is being paid. But Biman is the only airline, who allows its passengers to carry more than the permissible amount of weight after being satisfied by the illegal gratification for which the National Flag carrier is incurring huge financial loss. The petitioner further alleged that the ma...... of the said flight, in order of the hierarchy as set out in the Warrant of Precedence. 2. In the writ petition it is stated that the Bangladesh Biman is a statutory corporate body run by its Board of Directors, who, by exercising its discretion, passed an order, as contained in Annexure-A ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......orted in: ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......andatory. Unless there be any security deposited to the satisfaction of the Court no award can be chal­lenged…………………………(10) Cases Referred to- Bangladesh Water Development Board Vs. Prakaushali, 49 DLR 335; Bangladesh Water Development Board Vs. Nasim and Brothers, 1988 B......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......M Syndicate & others..........................Opposite Parties Judgment March 4, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provi­sion is mandatory not directory. Any appeal or objection challenging the award if filed after the period of 3..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appeal, in short, are that respondent No.1, Md. Ali Hossain as the complainant filed Criminal Case No.1 of 1994 against the petitioner, Barrister Mainul Hosein, Managing Director/Chairman, editorial Board of the New Nation Publications Ltd. presently, New Nation Printing Press, 1, R.K. Mission Road...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......ahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......ing Officer to the effect that the appellant was not a bank loan defaulter. The third source was a letter dated 02.12.2008 under memo No. T-R/mm/Nirbachan/08 sent by the Accounts Officer, Telephone Revenue, BTCL, Mymensingh (Respondent No.10) about the non-payment of telephone bills by the appella......ion Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result: The appeal is dismissed. C..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....he BTRC by filing affidavit-in-opposition and supplementary affidavit-in-opposition. Gra­meen Phone also submitted several supple­mentary affidavits. Notice of the Rule Nisi was served on the National Board of Revenue (NBR), the added respondent No.8, yet no one turns up either to represent ......y filing affidavit-in-opposition and supplementary affidavit-in-opposition. Gra­meen Phone also submitted several supple­mentary affidavits. Notice of the Rule Nisi was served on the National Board of Revenue (NBR), the added respondent No.8, yet no one turns up either to represent it or to ......affidavit-in-opposition and supplementary affidavit-in-opposition. Gra­meen Phone also submitted several supple­mentary affidavits. Notice of the Rule Nisi was served on the National Board of Revenue (NBR), the added respondent No.8, yet no one turns up either to represent it or to contest t...... Present: Farid Ahmed J  Sheikh Hassan Arif J Grameen Phone Ltd...............................Petitioner Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents Judgment  February 13, 2012. ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15