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Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

.... J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Housing and Public Works & others.......Res......al Original Jurisdiction) Present: Zinat Ara J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Minis......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ...... (AD) 55; Iqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, 45 DLR 416; Government of Bangladesh Vs. Md. Jalil and others, 48 DLR (AD)10; Hazerullah and another Vs. Chairman, 1st Court of settlement an..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others...................Re......gh Court Division (Special Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others..................cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......y fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....n Nesa, AAGs. Assistant Attorney Generals—For Respondents. Writ Petition No. 10060 of 2012. Judgment Md. Ashfaqul Islam J.— At the instance of the petitioner, Finix Sweater Bangladesh Ltd. this Rule was issued in the following terms:- "Let a Rule Nisi be issued c......iction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 20......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

.... on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice and Parliamentary Affair filed th......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commi­ssion and others............Respondents Judgment May 18...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ......ommunicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....(AD) (2015) 263   ......ppellate division (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Government of Bangladesh and oth­ers..........Appellants Vs. Ashraf Ali…………………….......................osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ......ে যেন এই আইন প্রনীত হয় নাই এবং তদাধীনে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy ..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

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

....) (2015) 292.   ...... Syed Mahmud Hossain J 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) Judgmen......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.   ......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.......on (Criminal Appellate Jurisdiction) Present: Ashish Ranjan Das J Sanjay Kumar Biswas………………………Convict-Appellant Vs. State………………............................Respondent......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.   ...... Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. Lawyers Involved: Sasti Sarkeer with Muhammad Rezaul Kabir Khan, Advocates—For the Convict-Appellant. Md. Ashaque Momin, AAG with Shahida Begum—For the Respondent. Criminal Appeal No. 2931 of..

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: ......lip;……………….........Petitioner (In Jail P. No.7 of 2012) Shahjahan @ Haider @ Kutti ………Petitioner In Jail Petition No.8 of 2012 Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka 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: ......tioner (In Criminal Petition No.374 of 2011) Masuk Miah ……………………………..Petitioner (In Jail Petition No.18 of 2008) Md. Nazrul Islam: Petitioner ……………(In Jail Petition No.3 of 2009)..

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 .......................................... Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ......................................Appellant (In Civil Appeal No.116 of 2010) Vs. Shafiqul Islam…................................Petitioner (In Criminal Petition No.3......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: ......uk Miah………………………………………………Petitioner (In Jail Petition No.18 of 2008) Md. Nazrul Islam………………………...........P..

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 ...... Present: Shamim Hasnain J Mohammad Ullah J Hossain Ali and Others…………………………..................Appellants Vs.  Government of Bangladesh and Others……………................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   ...... Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Director of Land Records and Survey and others,  58 DLR 397. Lawy..

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...... High Court Division (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Rukunuddin Mollah (Md.) and others.............Petitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgment 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. ......: 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 ......ellaneous Jurisdiction) Present: Quamrul Islam Siddique J Gobinda Chandra Tagore Hasina Ahmed……………………..... Petitioner Vs. State…………………………&helli......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 ......r Mahabub Hossain with Moudud Ahmed AJ Mohammad Ali and M Masud Rana, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General, Momtaz Uddin Fakir, Additional Attorney-General and Dr. Md. Bashir Ullah, DAG—For Opposite Parties.        &nb..

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......5) 326   ......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   ......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     ......: Surendra Kumar Sinha CJ 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, 20...... Syed Mamun Mahbub, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner, (in Criminal Petition Nos. 693-698 of 2014) Md. Khurshid Alam Khan, Advocate, instructed by Shahanara Begum, Advocate-on-Record—For the Petitioner. (In Criminal Petition Nos. 614 & 6...... It would be unnecessary delay in holding the trial of the cases, if leave is granted....... (50) Case Referred to- State Vs. Lilun Nahar Ekram, IV ADC 264. Lawyers Involved: Md. Faridul Islam, Advocate, instructed by Madhumaloti Chowdhury Barua, Advocate-on-Record—For..

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......inal) Present: 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, 20......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   ......ts Judgment April 12, 2015 Result: The petition is disposed of. Lawyers Involved: TH Khan, Senior Advocate, (AM Mahbub Uddin, Advocate, appeared with him), instructed by Md. Tauflque Hossain, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Attorney-Gene..

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……......mar Sinha CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J A.H.M. Shamsuddin Choudhury J Muhammad Kamaruzzaman………………......Petitioner Vs.                &......, 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: ......tantly, 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...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JN Deb Choudhury J Ananda Shipyard & Slipways Limited.....................Petitioner Vs. Commissioner Customs Bond Commissionerate, Dhaka…………….Re......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   ......with interest. For the purpose of recovery of unpaid duties, taxes, etc. no previous show-cause notice is necessary, because it is not a penal action .................(19) Lawyers Involved: Md. Shahidul Islam, Advocate—For the Petitioners. SM Maniruzzaman, DAG with S Rashed Jaha..

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;......l Wahhab Miah J 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    &nb......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. ......ngs 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...... High Court Division (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, 201......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   ......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

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....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. ......me Court Appellate Division (Criminal) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Nurul Huda (Md.).................Appellant Vs. State, represented by the DC, Lalmonirhat ..........Respondent Judgment March 8, ......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. ......ce, 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