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Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....) (2015) 292.   ......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

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....rdship's could not reach a unani­mous resolution respecting the ultimate consequence of the appeal as well as the guilt of the convict appellant, by order of the Hon'able Chief Justice of Bangladesh, the matter has been trans­mitted to this bench for hearing afresh and dis­posal.......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......nbsp;     Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... Reported in: ...... 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 …………………&...... 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: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....preme Court Appellate 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 ..........................................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......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: ..

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)

....snain J Mohammad Ullah J Hossain Ali and Others…………………………..................Appellants Vs.  Government of Bangladesh and Others…………….............Respondent Judgment ......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)

....No. 2. Md. Harun-or-Rashid—For the Respondent No. 3. Writ Petition No. 7647 of 2013. Judgment Mahmudul Hoque J.- In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondent......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

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ellip;………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, AIR 1945 FC 18; Narayan Singh Nathuram ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......his Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....he manner prescribed by the Com­pany's articles and the Companies Act.................... (13) Case Referred to- Jalaluddin Jafar Ali Husein Vs. Tahmid Ahmed, 6 MLR 28 = 52 DLR 141; Bangladesh Bank Vs. Sk Abul Hossain, 12 MLR (AD) 292 = 59 DLR (AD) 60; Union of India Vs. Harjeet Si......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

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....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     ......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     ...... 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)

....mission found that US $ 1, 75,000 was transferred between 19-12-2005 to 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 afore­......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:......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   ..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....p;                              The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka……......, 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 ......, 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: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

...., to avoid unnecessary repetition, the facts of the cases are narrated as under:— The petitioner—M/s Ananda Shipyard & Slipways is a company limited by shares and incorporated in Bangladesh, The petitioner has trade license, bond license, import and export license and the petiti......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   ......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   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....crual of such right was and decided, but this question was precisely raised and decided in 34 DLR (AD) 237 and 12 MLR (AD) 329……………(58) Cases Referred to- Bangladesh Vs. Hazi Abdul Gani Biswas, 32 DLR (AD) 233; Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237;......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......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. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: Th......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is d......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....terials are forth­coming on record that he posed any threat to the security of the public peace by abusing his gun……………….(27) Case Referred to- Bangladesh Vs. Md. Azharul Islam, 13 BLT (AD) 166; Sk. Ali Ahmed Vs. Secretary Ministry of Home Affa......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 ......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   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &n......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.   &......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....h Court Division (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents ...... 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 ......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

Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled Vs. The Commissioner of Taxes, Taxes Zone-14, 2015, 44 CLC (HCD)

....l Jurisdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled, 26, Shyamoli, Mirpur Road, Dhaka, Bangladesh……………………………As......of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......hellip;………………Respondent Judgment January 12, 2015 Result: The question formulated for determination is answered in the negative and in favour of assessee. Questions formulated for determination: In Income Tax Referenc......of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Ed. This Case is also Reported in: ...... 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

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....s also Reported in:     ......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. 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......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58