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Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....l schools, the day's work shall begin with the singing of the national anthem. (3) Whenever the national anthem is sung, the whole of it shall be sung." 16. On consideration of the relevant provisions of National Anthem Rules, 1978, it is explicitly clear that national anthem......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... Orascom Telecom Bangladesh Limited..........Petitioner (In CP No. 327/11) Chief Executive Officer, Grameen Phone Limited............Petitioner (In CP No. 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgment May 11, 2015. ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
....e which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. Even if he is sentenced to death, ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......eme Court
Appellate Division
(Criminal)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others …………………&...... If an offender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. E..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....e which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. Even if he is sentenced to death, ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......llate Division
(Civil Appellate Jurisdiction)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others ......................................Appellant (In Civil...... If an offender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. E..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....ill Murshid, learned Advocate respectively who also filed two separate affidavits-in-opposition. 8. Mr. Md. Khairul Alam, learned Advocate appearing on behalf of the petitioners upon placing the relevant provisions of the rules incorporated under Chapter VII of the Rules, 1955 submits that the ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......orted in: 68 DLR (HCD) (2016) 37 ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....ll not be declared to have been passed without lawful authority and are of no legal effect and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted A......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....o the Company for raising capital through the IPO but not before laying down stringent requirements to be met by the IPO at all stages. The BSEC, therefore, determined the period of listing with relevant Stock Exchanges and restricted the Company's authority in AGM to declare any benefit/di......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......Court Division
(Statutory Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Moinuddin Hasan Rashid.................Petitioner
Vs.
Registrar, Joint Stock Companies and Firms and another.........Respondents
Judgment
April 15, 2015.
Result:
The a......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ge, 2 Court, Dhaka in Title Suit No. 488 of 2010 rejecting the plaint should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts briefly are that the petitioners as plaintiffs brought the aforesaid Title Suit No. 4......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......se is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....esponding to ACC GR Case No. 16 of 2010 under sections 406/109 of the Penal Code read with section of 5 (2) of the Act-II of 1947, pending before the Divisional Special Judge, Chittagong. 5. The relevant facts, in short, of the instant case were that the ACC lodged an FIR against the respondent......dings......... (48) The settled principle is that while considering of the application under section 561A of the Code the High Court Division will not take into consideration of the defence papers..... (49) It would be unnecessary delay in holding the trial of the cases, if leave is g...... Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…………….Petitioner Vs. A A M Habibur Rahman and anothers..........Respondents Judgment April 12, 2015. Result: All the petit......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....li. 17. Having considered all aspects of the case, we direct the Special Judge to treat Julfikar Ali and his wife Rahima Ali, as accused in the case and to take cognizance against them under the relevant provisions of law and thereafter to proceed with the case in accordance with law. We, ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......ent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result:...... 16-1-2008 in their joint bank account in Singapore from the joint account of Julfikar Ali, who was then a consultant of Siemins Bangladesh Ltd. and his wife Rahima Ali. It was also revealed from the documents that the aforesaid US Dollar was transferred to the account of the accused as a bribe..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....e law is to be awarded in rarest of the rare cases. (Shashi Nayar V. Union of India , AIR 1992 SC 395). Brutality, obliviously would be an existing factor, but how the same did take place is the relevant and necessary material to be considered. (Registrar General, High Court of Karnataka Vs. Pr......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......of Abdul Quader Molla Vs. The Chief Prosecutor, it was held that because of the protective provisions power of the Appellate Division may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article 47A (2), under rule ......ng an appeal but are only adjudicating upon a review petition and are, thus not in a position, to reopen the matter all afresh. LMITATION ON REVIEW 20. Having heard the parties, perused the documents and considered the jurisprudential dictates that revolve round a review petition filed by ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
..... Salma Rahman and Titus Hillol Rema, the learned Assistant Attorney Tenerals on behalf of respondent No.1, takes us through the documents filed by the petitioner, the affidavit-in-opposition and the relevant provisions of law and advances the following arguments before us :—
(a) the peti......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......is also Reported in: 68 DLR (HCD) (2016) 98
......SM Maniruzzaman, the learned Deputy Attorney Generals appearing with Ms. Salma Rahman and Titus Hillol Rema, the learned Assistant Attorney Tenerals on behalf of respondent No.1, takes us through the documents filed by the petitioner, the affidavit-in-opposition and the relevant provisions of law an..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....e distinction is purely one of intention whether it was intended that the relation of debtor and creditor should subsist (Abdul Latif Vs. Abdul Gani, 1939 AC 730) and the question of what evidence is relevant to prove that intention. Before the Evidence Act came into force, oral evidence and other i......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment March......on of repurchase and a mortgage by conditional sale, it is said in some decisions, it is often a matter of extreme difficulty to decide which of these two transactions a particular document or set of documents discloses. The distinction is purely one of intention whether it was intended that the rel..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....cide the point on which leave was granted and the arguments put forward by the learned Advocate for the accused and the learned Deputy Attorney-General for the State, we must first have a look at the relevant provisions of the Ain, 2000. Section 11 of the Ain, reads as follows: “১১।......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......(ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....am Mostofa Lasker and the counter-submission of the learned Assistant Attorney-General Ms. Purabi Rani Sharma and perused the writ petition, supplementary affidavits, Affidavit-in-Opposition and relevant annexures annexed thereto.
9. Indisputably the principle of "Audi Alter am Partem......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ...... legal right, is entitled to a fair hearing and an opportunity to controvert any allegation levelled against him. An alien seeking a visa has no entitlement to one, but once he has the necessary documents, he does have the type of entitlement that should now be protected by due process, an..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....itional District Judge, Rangpur in Miscellaneous Appeal No. 47 of 1986 reversing those dated 29-5-1986 passed by the learned Assistant Judge, Pirgonj in Miscellaneous Case No. 34 of 1985. 2. The relevant facts, for disposal of this petition, in short, are that the respondents as pre-emptors ins......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......10. ......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....n Adalat, 1st Court, Jessore in Artha Rin Execution Case No. 11 of 2007 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short back ground facts, relevant for the disposal of the Rule, are that Islami Bank Bangladesh Limited, Benapole Branch, Pol......ion through Artha Execution Case No.11 of 2007 filed before the same Adalat. In the said execution process, the mortgaged properties of the petitioner and others were put on auction-sale through news papers in view of the provisions under section 33(1) of the Artha Rin Adalat Ain, 2003 ("the sa......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....2) of the Prevention of Corruption Act, 1947 read with sections 161/165 of the Code of Criminal Procedure, now pending in the Court of Special Judge, Joypurhat should not be quashed. 2. The relevant facts for disposal of the Rule, inter alia, are that the informant, namely, Md. Jahangir Al......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ...... DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
......o the effect that the deed of assignment dated 30-12-2003 by which respondent No.2 allegedly acquired the trade mark from its original owner-Raj Kumar Agarwala, had not been drawn on properly stamped papers and was not attested by any witness as well. Therefore, the deed of assignment was not admiss......Md. Imman Ali J
AHM Shamsuddin Chowdhury J
Sohan Kumar Agarwala....................Petitioner
Vs.
Assistant Registrar, Department of Patents Designs and Trade Marks and
another................Respondents
Judgment
February......ther submitted that the Assistant Registrar rejected the opposition case of the petitioner herein on the clear finding that he opposed the application for registration by filing forged and false documents and the High Court Division also accepted the said finding of the Assistant Registrar. The..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....nd sentencing each of them to suffer rigorous imprisonment for 10(ten) years and pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 6(six) months more. 3. The relevant facts, for the disposal of the petition, in short, are that at about 3-00 pm on 18-4-2001 P......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......vision (Criminal) Present: Md. Abdul Wahhab Miah J Md.lmman Ali J Hasan Foez Siddique J Jahirul Haque and another................Petitioners Vs. State......................................Resp......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
.... ‘perquisites’ is included within the salary, but it is not within the basic salary under rule 33 of the Rules. So, the contributions to contributory provident fund by the employer in the relevant assessment years were within the meaning of perquisites of the employee................(23)...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......dent (In all the cases)
Judgment
January 11, 2015
Result:
The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favou...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
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