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Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ......ion of the Commission, the notice issued by it upon the respondent under memo dated 18 February, 2007 under the signature of the secretary of the Commission to submit his wealth statement was without jurisdiction. In the judgment the High Court Division considered sec­tion 26 of the Ain and a de..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

.... Senior Special Judge, Dhaka is directed to pro­ceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ....... In the absence of any surrender before the process of law, the Court of law is incom­petent to issue any order or stay any process at its behest and if done so that would be illegal and without jurisdiction." 9. In the facts of the instant case, it appears that the respondent was nei..

Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ......bmits that there being no clause in the agreement for prior notice for cancellation of the contract, cancellation having been done in accordance with the terms of the agreement and being in exclusive jurisdiction of the defendant, as such termination cannot be called in question. Learned Advocate fu..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......eant for doing justice and must be deemed to possess as a necessary corollary as inherent in their constitution all the powers to achieve the end and undo the wrong. It does not confer any additional jurisdiction on the Court; it only recognises the inherent powers which it already possesses. 1..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......nt and order of acquittal it does not appear that the trial Judge in passing the same committed any miscarriage of justice or gross illegality which can be interfered with by this Court in revisional jurisdiction. In such circumstance, we do not think itfit to interfere with the impugned judgment. ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)

....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......Judge will appoint temporarily a Joint District Judge to continue function of Artha Rin Adalat. So for the purpose of functioning of Artha Rin Adalat to be more par­ticular to hold the trial jurisdiction lies with the Joint District Judge. Section 41 of Ain clearly says that the District Ju..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ts that imposing VAT upon the respondent No.7 as well as upon the students of Zahurul Islam Medical College @ 4.5% payable from 01.07.2007 is illegal, arbitrary, malafide, discriminatory and without jurisdiction being in contravention of Articles 15 and 19 of the Constitution of the People’s Re..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ......e provisions of Specific Relief Act and not in the contemplation of any of the provisions of the Act, 2006 and, as such, enter­taining and/or registering of the BLA case was not legal and without jurisdiction and thus was liable to be dismissed in limine. 7. The Chairman of the labour Court..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... that a revisional application lies against the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raising purely a question of law or interpretation of statute and, as such, the impugne..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......cant that if the deceased was not an assessee prior to his death, assessment cannot be made by the DCT/the ACT against his legal representative. 17. We have already seen that the DCT/the ACT had jurisdiction to .initiate proceeding for the purpose of assessment, even where the deceased was not ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ...... firstly, is whether any illegality or irregularity has been committed by the respondents bank in holding auction and sec­ondly, whether this Court can interfere with such auction sale under writ jurisdiction where a right has apparently accrued in favour of a third party auction purchaser. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......agmatic view is instead to analyze the type of function per­formed by any decision-making body as can be made amenable to judicial review. 6. Tracing such jurisprudential development in this jurisdiction through cases like Zakir Hossain Vs. Bangladesh reported in 55 DLR 130, Farzana Moazzem..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......orders of the Administrative Tribunal executed within a reasonable time." Having regard to the decision reported in 44 DLR (AD) 111 in the case of Majibur Rahman Vs. Bangladesh, declaring bar of jurisdiction in respect of terms and conditions of service of persons in the service of the Republic..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....ust not be obstructed by the petitioners in discharging their functions independently. And the Rule dated 27.01.2009 cannot be disposed of at this stage, as doing so would be an act of overriding the discretionary powers of a constitutional/statutory body of the Republic. 297. The petitioner im...... of locus standi of the petitioners; (ii) as to whether the petitioners within the realm of PIL, as a citizen can invoke the doctrine of legitimate expectation; (iii) as to whether this Court has the jurisdiction to look into the facts and laws involved, as claimed, that the issue of compliance to A..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10