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Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....l) Present: Surendra Kumar Sinha J Md. Abdul 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 Buildi......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. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....ospitals and to ensure the
better medical treatment for the patients in all government hospitals. The
petitioners also seek to bring this application by invoking Article 102 of the
Constitution as public interest litigation.
5. The matter involves public importance. As per Article 32
of the......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:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....and the plaintiff appellant filed the suit but the Court below while decreeing the suit arbitrarily deducted the interest as claimed by the Bank. By referring the nature of deposit with the Bank with public money, he submits that a defaulter or loanee is liable to be repay the loan with interest as ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....ted the nomination paper of the appellant. After that, the election was held on 29.12.2008 and the appellant was declared as the returned candidate by gazette notification dated 01.01.2009.
5. After publication of the election results, respondent No.1 submitted a representation on 11.01.2009 and al......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
....f the agreement on Trade Related aspect of Intellectual Property Rights (TRIPS) under the World Trade Organization and the Paris Convention for the protection of intellectual property, the People's Republic of Bangladesh is signatory to both. Both the aforesaid international conventions confirm that......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
....en of the country.
The petitioner hereby challenges the failure of the respondents to protect the
area. It also seeks to bring this application within the ambit of Article 102
of Constitution as a public interest litigation with a view to ensure necessary
steps to stop erection of shops in the p......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....etainable khas land as tenant directly under the Government. They were restricted to create further sub-tenancies under them. The creation of sub-tenancy was validated which, were effected before the publication of the Notification under sections 17(3) or 31(1) of the said Act. Similar prohibition f......rom erecting any pucca building in the second schedule land or changing its nature and character and transfer the same to anybody and also restraining the defendants from creating any obstacle in the peaceful possession of the plaintiff in the remaining portion of the first schedule land (excluding ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....the parties to a contract are at liberty to vary the terms and conditions of the contract at any stage of the contract provided that the change does not contravene any provision of law or against the public policy. 19. In this context it is pertinent to reproduce clause 12 of the Contract ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Chapter XXVI of the Code of Criminal Procedure, 1898. 17. Section 193 of the Penal Code deals with punishment for false evidence, section 228 deals with intentional insult or interruption of public servant sitting in judicial proceeding, and section 196 of the Penal Code deals with using ev......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
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....Advocates - For the petitioner. Forukh Rahman, Advocate - For the respondent No 1. Writ Petition No. 2528 of 2005 An application under Article 102 of the Constitution of the People's Republic of Bangladesh. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner, ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....i and others never possessed the land of this suit plot. That though in the C.S. Khatian, in the remark column, it was written that the pond and other land of the suit plot were being used by general public never used this land and pond of the suit plot. That 1.00 acre land out 2.40 acres land of th...... also delivered possession of the said land to the plaintiff. The plaintiff since then had been possessing the suit land on payment of rent etc. regularly. That the defendants created obstacle in the peaceful possession of the plaintiff in the suit land and disclosed that their father purchased 1.36..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion requiring the respondent to continue to foot overseas medical bills of the Hon’ble S.C Judges. The petitioner seeks to bring this application by invoking Article 102 of the Constitution as a public interest litigation in order to protect the right to life, which is the duty of the petition...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
.... before the Court, the petitioner could not make out any ground why the judgment should be reviewed. The learned Judges further observed that the review application was a frivolous one and invaluable public time of the Court was wasted in disposing of such application. 6. The review application......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....er the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in between the land transferred and the land of the pre-emptors. If there would have any......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
....act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by the prosecution during the course of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much for obtaining pecuniary benefit for some oth......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....bmitted a representation to its Chairman but the same went unheeded. The action of BJMC was arbitrary and capricious and discriminatory. The petitioner being a permanent officer of BJMC and being a public servant within the meaning of the Public Servants (Retirement) Act, 1974 was entitled to unif......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....ent was created showing formation of ‘Zia Orphanage Trust’ in Bogra with his own sons and another close relative, and the petitioner herself allowed withdrawal of money from the said public account and gave it to the alleged newly created Orphanage Trust in the name of her husband t......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
...., Magura for necessary Order. 5. On 6-3-2006 date was fixed for hearing as regards to taking cognizance of offence against the accused person. The learned Judge of the Tribunal after hearing the public prosecutor and perusing the materials on record found that there is no ingredient for taking ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
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