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Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....shments and will not be ever considered for promotion for the said rea­son. It is stated that there are some Sub-Inspectors who were considered and were eventually given promotion to the next higher post despite having 3 or more black marks/major punishment. Under Regulation No.857 of the PRB, majo......petitioners were given sufficient opportunities to defend themselves before the punish­ments were imposed upon them giving them right of appeal. It was also contended that the writ petitioners being members of "Disciplined Force" the writ was not maintainable. 5. After hearing both the parties b......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....sons and they all recognized them in the light of electric­ity. After the lodging of the FIR the police came, prepared the inquest report of the dead bodies and sent the dead bodies to morgue for post mortem, the dead bodies were buried after Asar prayer. Deceased Abdur Rakib was the “অ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

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

.... the country with a fur­ther declaration that the memo issued earlier on 6-5-2010 was to be treated as ineffective. In the said memo the name of the petitioner's college had been enlisted and posted at serial No. 52. Later, the respondent No.1 issuing the impugned memo dated 16-6-2010 publis......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   ......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   ......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)

....c) That in the 6th Annual General Meeting (to be held in 2005) the Board will be re-constituted in the light of the amended Bank Company Act (Section 15 KAKA) and it is agreed upon that the 3 (three) posts of Directors will be filled in by Al-Haj Md. Nurul Amin, Mr. Abdullah, Al-Zahir Sawpan and Mr.......ed 15.07.2009; section 91 of the Companies Act, 1994 relates to 'Appointment of Directors' and section 91(1)(b) of the Act stipulates that the Directors of the Company shall be elected by the members from among their numbers in general meeting; in other words, the Act itself designates the f...... 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. ...... 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. ..

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

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

....sed-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as sec......statute, its provisions shall have preference over the provisions of the Code. In this regard, reference may be made to sub-section (2) of section 5 of the Code. 12. In the context, we must also remember that in the case of commission of an offence under penal Code or under any other statute (as ......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. ..

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

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. ......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. ......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. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Chittagong Zilla Parishad represent­ed by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong..........

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)

....he company. After conclusion of trial learned Additional Joint District Judge, Dhaka decreed the suit of the plaintiff. During pendency of the said suit, the defendants removed the plaintiff from the post of Managing Director on 22.03.1997, which was challenged by the plaintiff by filing a Writ peti......elation to a company………“ 18. According to provision of Rule 9 an aggrieved person can file an application under section 43 of the Companies Act, to rectify register of members of a company. This Section provides that: 43. Power of Court to rectify register.- (1) ......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. ......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. ..

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

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....10-12-2011 but due to suspension order regard­ing admission of BSc in Animal Husbandry (Hons) Course, the petitioners and other qualified students (30 students) could not get admitted in the said post. Thereafter, several representations were made by AHA (the petitioners' Association) but wi...... the aforesaid notification for admission by PSTU, the BVA made further representation to the UGC, who, by convening a meeting on 20-10-2011, resolved to circulate a press release announcing that a 7 member sub-committee was to be formed which was to submit a report within 7 days and till submission......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......Hons) Degree Course throughout the country. Thereafter, several representations were made by the Bangladesh Animal Husbandry Association and also by Babugonj Shikkha & Samajik Unnayan Basto-bayon Parishad, a local social welfare organiza­tion, on 21-8-2011 addressing the Hon'ble Minister..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

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

.... March 12, 2012. Result: The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknow­ledgement due to the proper address of the addressee then it is deemed to be pr...... 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.  ...... 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.  ...... 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.  ..

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

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....dated 7-1-1986, 8-1-1986 and 18-1-1986, wherein the 11 petitioners and two others were falsely shown as surplus employees of the said two departments and they were nominated for absorption in various posts of the Land Ministry. Accordingly, two officers of the Land Ministry named ASM Azim, Senior As......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....the expression চাকুরীচ্যুত কর্মচারী are not legally the same expression. A surplus employee does not necessarily loose his employment because of abolition of his post. He may get the benefit of absorption under the Ordinance 1985. On the other hand a চাক......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

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

.... Case No.08 of 1992 in the Second Labour Court, Dhaka. After trial, the case was dis­posed of by the judgment and order dated 26.10.1993 directing the petitioner to allow respondent No.1 to join his post within 45 days from the date of judgment. On 14.11.1993, 15.11.1993, 20.11.1993, 21.11.1993 and...... 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. ...... 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. ...... 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. ..

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

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

.... parties. 3. The case of the election petitioner of the above said Election Tribunal Case, in short, was that he and the opposite party Nos.1 and 2 in the election petition were candidates for the post of Vice-Chairman (male) in the election of Tungipara Upazila Parishad held on 22.01.2009. As pe......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......ther section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2008. The Limitatio..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

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. ......ly, converted to Amending Act, 13 of 2009) is quoted below: “12. (1) Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause(1) of Article 66 of the Constitution: Provided that a person shall be disqualif......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. ..

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

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......llectual property, the People's Republic of Bangladesh is signatory to both. Both the aforesaid international conventions confirm that the countries to which the convention applied shall constitute a Union for the protection of intellectual property and, as such, extend protection against unfair com......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....short, is that on 04.11.1977, he joined Agriculture Extension Bureau as Jute Extension Assistant (পাট সম্প্রসারন সহকারী). By a notification dated 14.09.1982, the post of the petitioner was re-designated as Block Supervisor (B.S). The petitioner had been serving ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

.... taken into consideration that the petitioner allegedly dealt only one blow to the deceased without any attempt to cause further injury shows that he had no intention to cause death. Furthermore, the postmortem report also does not support the injury allegedly caused by the petition­er and, as s......e commis­sion of the murder of Abdul Khaleque. The common intention of all accused contemplated in section 34 is to commit culpable homicide irrespective of specified person. In such a case, each member shall be liable for the act resulting in culpable homicide amounting to murder. The consisten......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......and, as such, in view of this rule 3(3) of the land Appeal Board Rules, 1990 the full Board is empowered to entertain a further review; that the Government being not satisfied by the order of the one member of the Board passed in the first review application preferred the second application for furt...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ...... Order dated 31-1-2008 passed by the Customs Excise and মূল্য সংযোজন কর Appellate Tribunal (respondent No.2) comprised of Md. Farid Uddin as president and Md. Golam Mawla as member (Judicial) in Customs Appeal No.CEVT/Cus-107 of, 2007 dismissing the appeal for default. ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8