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

....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. ......as well as said Abul Hossain arrived at the Zia International Airport with their purchased gold on 26-2-2001 and sub­mitted relevant papers before the airport customs authority for assessment and clearance under the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanu......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

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....that of the plaintiffs. Moreover, the plaintiffs could file an application for injunction praying for restraining the defendants by an order of temporary injunction from selling the suit land without prior permission of the Court. Instead of doing so the plaintiffs filed an application for appointme......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

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   ......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   ......required condition the madrasha was enlisted in the list of MPO on 6-5-2010 at serial No.13 (Annexure-C). Subsequently by issuing memo No. Shim/Sha-13/MPO-12/2009/209 dated 31-5-2010 (Annexure-D) the Ministry of Education published the list of 1483 education­al institutions which were enlisted i..

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)

.... the shareholder Directors of Exim Bank on 02.06.1999, that is, when the company came into being and they all completed their three full terms as sponsor Directors of the Exim Bank and as per the law prior to the amendment brought in the Act, their tenure was supposed to come to an end on 25.08.2008...... 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

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

....fold arguments which are as under:- (i) it is evident from the Writ Petition and the supplementary affidavit that the peti­tioner obtained the rule along with an order of stay on 11-1-2010 but prior to issuance of the original rule with an order of stay, the property has been sold to responde...... 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. ...... Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103; Chandpur Fisherman Co-operative Society Vs. Abdul Awal Bhuiyan, 1 BCR 8; Elite Lamps Ltd. Vs. Secretary, Ministry of Industries, 61 DLR 641; Professor Abdur Rahim Khan Vs. Bangladesh, through the Secretary..

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

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......ment machinery and reorganizing the Mujib­nagar Government accepted the Mujibnagar Emplo­yees to have always been in the service of the Republic, took various decisions from time to time. The Ministry of Establishment made standing ins­tructions to recruit Mujibnagar Employees but despit..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

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. ......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. ......financing was executed in between the plaintiff and the company for becoming Managing Director of the 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 th..

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

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......owing for construction business under clause 24.10 of the Import Policy order, 2003-2006, which is not applicable to the Commercial Importer as per Notification dated 25th January, 2005 issued by the Ministry of Commerce imposing restriction of Commercial Imports of old reconditioned Machineries and..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

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 ...... City Corporation…………...........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 Invo..

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

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

.... it requires permis­sion of the University Grants Commission in undertaking and carrying out some specific functions as prescribed in this law. As per section 4(ক), the PSTU is required to seek prior approval from the UGC before opening up a new department. It appears that the PSTU has initiat......s and carrying out researches in Animal production. He submits that the SPTU has met up all the requirements for opening up the Department of Animal Husbandary at Honours level and the UGC issued its clearance having been satisfied as to the feasibility of the opening up of the said Department. He f......1 the said BVA made representation to the University Grants Commission (herein­after referred to as UGC) not to open any such course of Animal Husbandry (Hons) Degree Course in PSTU whereupon the Ministry of Education on 6-6-2011 directed the Respondent No.3 for taking necessary action. As such,..

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

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. ......ritten statement. These defendants denied the material case of the plaintiff and stated, inter alia, that the plaintiff knowing fully that the suit property is an abandoned property prayed before the Ministry of Agriculture for release of the said proper­ty from the list of abandoned property and t..

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

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

.... in accordance with the hierarchy as set out in the Warrant of Precedence. (iii) In case of check-in-over the counter, upgradation will be allowed on a “first come first serve” basis with priority of requests made in advance. (iv) If any extra charges and/or extra payment, in any...... 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: ...... Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, ..

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

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

....hird nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation report, and therefore further investigation should be directed......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.         ...... investigation report, and therefore further investigation should be directed for ascertaining the status of the accused petitioners as well as the legality of their nominations for absorption by the Ministry of Establishment…(28b). The cognizance order and the charge framing order are theref..

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

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

....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. ......nnec­tion with absorption of the 11 accused-petition­ers as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quyum. A Deputy Secretary of the Ministry of Establishment, issued a letter bearing No.এম-ই, (এস, পি-১৭৯/৮৪) ..

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

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......rred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98; Waliullah Vs. Hasina Begum,..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment  February 23, 2012. ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh rep­resented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul Gani Road, Ramna, Dhaka and others ..........

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

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

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ...... AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB) and others................ Petitioner. Vs. Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

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

....iations leading to the issuance of the said Assignment Letter dated 30-10-2008 is an admitted fact and the said assignment in 2008 was not granted unilaterally. Rather, it was granted on the basis of prior negotiations between the parties. 19. Since several terms of the said Assign­ment Let......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ..

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

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

....behalf of the respondent No.1 denying all the material allegations as made in the petition and stating that the petitioner has no right to file the application and to obtain the relief sought therein prior to enactment of the Trade Mark Act 2009 read with the Provisions of the agreement on Trade Rel......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. ..

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