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Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ide mobile operating service can not be interrupted by way of imposing unreasonable and discriminatory fee in violation of the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13)   Section 6 (3) of the VAT Act, 1991 specifi......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....puty Attorney General lastly submits that under Rule 22 of the Government Servant (Discipline and Appeal) Rules, 1976 the plaintiff-petitioner after getting the order of the Government had sufficient scope to prefer an application for review and he may apply to the honour'ble President of the Pe...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

.... donor agencies under any Loan Agreement. He further submits that JICA has already given their concurrence to the pre-qualification of two Companies only and, as such, at this stage there is no legal scope on the part of any Review Panel to pass any direction upon BTCL to treat NETAS as a pre-qualif......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)

.... without mentioning division and the respective petitioner passed SSC examination in Science group in first division and HSC examination in science group in second division and, as such, there was no scope of hold­ing that the respective petitioner had no requisite qualification to get appointme......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

....ng the suit property and passing of consideration to the defendant and the readiness of the plaintiff to get the kabala executed and registered by paying the balance money of Taka 11,000, there is no scope of interference by this Division with the impugned judgment and decree and the leave petition ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....­ing an accused on the charge of conspiracy. 14. The High Court Division did not at all consider section 10 of the Evidence Act. In view of the clear language used in section 10, there is no scope for taking into consideration of those confessions to prove the charge of conspiracy. It is on......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....judg­ment was fixed on 16-772012 but upon consi­dering the evidence on record as well as prayer made by Mr. AK Mainuddin, the date of delivery of judgment was deferred to 29-7-2012 allowing a scope to the plaintiff to amend his plaint. On 29-7-2012 the plaintiff opposite-party submitted an a......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......n the submissions of the learned advocate for the petitioner. Hence leave is granted. Preparation of the paper book is dis­pensed with as prayed for. We have considered the prayer for bail of the accused-petitioner. Considering the evidence on record we allow the prayer. 7. Let ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... accuseds. By referring a decision he also submits where a prima facie case of criminal offence has been clearly made out, the High Court Division in a proceeding under Section 561A Cr. PC has little scope to scrutinize the truth or otherwise of any document or other evidence, which may be used as a......cognizance of the offence under Sections 364/34 of the Penal Code and issued summons against accuseds. However, the present petitioners surrendered before the Court of learned Magistrate and obtained bail on 13.11.2002. 5. Thereafter the accused petitioners preferred the instant Criminal Miscel..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....n the Supreme Court of India answered the similar questions. Questions amongst others were: “Does the Supreme Court, within the constitutional scheme have the jurisdiction to decide the content and scope of powers, privilege and immunities of the legislature and its Members and does the court have...... in that it did not set out the facts which had been found to be contumacious, Keshov Singh moved a petition under Article 226 of the Constitution of India challenging his committal and he prayed for bail. Two learned Judges of the Lucknow Bench of the High Court ordered that Keshov Singh be release..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Nalu Vs. State, 2012, 41 CLC (AD)

.... learned Advocate for the condemned-prisoner, submits that the condemned-prisoner seeks mercy of this Court and that his sentence of death may be commuted to one of imprisonment for life. There is no scope for showing mercy in a Court of law. But it is not out of place to quote a few lines from &ldq...... From the minority opinion, it appears that the death sentence treats a human as nonhuman and that taking into consideration the eighth amendment to the US Constitution which states, “Excessive bail shall not be required, nor excessive fines ‘imposed, nor cruel and unusual punishments&rs..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....tion, which is barred by law for the stipulated period of 45 days and additional 15 days time for holding investigation had already been elapsed from 27.08.2007. As such, he submits that there was no scope for holding further investigation. He further goes to contend by filing a supplementary affida......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....said review petition by judgment dated 1st February, 2007. In view, of the, above, learned counsel submits that after declaring the impugned order illegal and without lawful authority, there is no scope for maintaining the said order. 7. On perusal of the said judgment, we find that this Di......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

....Judge has committed no error of law occasioning failure of justice in setting aside the ex parte decree. In view of the above, we find no merit in this rule.” 18. Therefore, we do not see any scope on the part of the writ-petitioner to challenge the judgment and decree passed in the summary ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....t, 2006 (in short, the Act), for the respondent No.1 is a statutory body established under the Ordinance No. LII of 1976 and according to section 3(2)(b) of the Act, 2006 this Act applies, for its scope of application extends to  “procurement of goods, works or services by any government,......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

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....cate: for the petitioner is not applicable to the facts and circumstances of this case as because in this case investigation going on and this court is hearing an application for bail and there is no scope to assess the evidentiary value or to make any comment as to whether conviction can be sustain...... জামিন মুক্তি দেওয়া হউক।  11.  Md. Rezaul Hasan J: I have heard the order passed by my learned brother issuing Rule and granting an ad-interim bail to the accused-petitioner. I however sincerely regret my inability to agree with his Lordship&#..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ng disposal before the High Court Division shall be deemed to have been disposed of. 19. In order to address the submissions that Article 8 of the Order of 1972 is mandatory and that there is no scope for holding election of the Bangladesh Bar Council beyond the time frame, Article 8 of the 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.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....ment within the specified time, we essentially defence pleas and controversial facts which are to be decided by the trial Court on the basis of evidence to be adduced by the parties and there is no scope in the present forum to decide those controversial matters.” In view of the above, we ......r of the Senior Metropolitan Special Judge is not available from the record). The petitioner surrendered before the Senior Metropolitan Special Judge, Chittagong on 04-6-2008, but he did not grant bail to the petitioner and was sent to jail hajat. On 11-6-2008, the peti­tioner filed an applicat..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

.... No.283 of 2010. 9. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate, appearing on behalf of the appellants, submits that the High Court Division committed illegality in holding that there is no scope for obtaining the opinion of the handwriting expert at the appellate stage although appeal is ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

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

....e mid-2002. 29. With reference to Article 66(1) of the RPO Mr. Anisul Haque submits that the petitioner defeated respondent No.1 by a margin of more than 74, 0000 votes and, as such, there is no scope for declaring respondent No.1 elected to the Parliament and that at best a fresh poll could be...... 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