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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....ned Additional Metropolitan Sessions Judge, 5th Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disposal of the instant Rule, in brief, are that one Md. Younus, son of Late Abdus Sala......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....e learned Advocates Mr. Rokanuddin Mahmud and Mr. Mohammed Faridul Islam and the counter-submissions of the learned Advocate Mr. Murad Reza and perused the writ petition, Affidavits-in-Opposition and relevant Annexures annexed thereto.
8. The question of maintainability of the writ petition is,......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......2016) 165
......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....nder the said Special Bonded Warehouse License of the petitioner company, should not be declared to be without lawful authority and are of no legal effect.
Background Facts:
2. Short facts, relevant for the disposal of the Rule, are that the petitioner, being a limited company, is engaged ......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......
......issued show cause/demand notice dated 15-11-2015 pursuant to the said final report as well as the order of the Appellate Division, the petitioner replied to the said show cause notice and sought some documents. Even after filing of the writ petition, the petitioner filed letter dated 17-11-2015 befo..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....port of the Special Branch, the petitioner is not entitled to a passport. 7. We have perused the writ petition, affidavit in opposition, supplementary affidavit filed by the petitioner and other relevant papers. 8. It appears from the record that the petitioner had a passport being No. is ...... favour of the petitioner on 23-11-2006. Later on, the petitioner went to the office of respondent No.2 and applied for a new Machine Readable Passport (MRP). Respondent No. 2 duly received necessary papers from the petitioner and handed over a "delivery slip" to the petitioner. In the del...... Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………………&h......term "passport" is from a medieval document that was required in order to pass through the gate (or "porte") of a city wall or to pass through a territory. In medieval Europe such documents were issued to travellers by local authorities, and generally contained a list of towns an..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....eal is from judgment and decree dated 31-7-2011 (decree signed on 7-8-2011) passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 270 of 2007 dismissing the suit. 2. The relevant facts briefly are that the appellant herein as plaintiff brought the aforesaid Title Suit N...... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201......6(six) months from the date of agreement. 12. It is found that at the trial the plaintiff side examined in all 3 PWs, the defendant side in all examined 4 DWs and both the parties exhibited some documents to prove their respective cases. PW-1, Md. Mizanur Rahman, stated in his evidence that as ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....m both the sides at length and perused the memo of appeal, deposition of witnesses of both the cases, that is, Miscellaneous (pre-emption) Case No. 43 of 1989 and Title Suit No. 174 of 1976 and other relevant materials on record. Now, to deal with the contentions raised by the parties before this Co......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ...... This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....s case. 6. From the trend of cross-examination of the PWs and examination of the condemned-prisoner under section 342 of the Code of Criminal Procedure and in consultation of all other relevant papers the defence case as it appears is such that the condemned-prisoner Golam Rabbani is ...... 6. From the trend of cross-examination of the PWs and examination of the condemned-prisoner under section 342 of the Code of Criminal Procedure and in consultation of all other relevant papers the defence case as it appears is such that the condemned-prisoner Golam Rabbani is innocent ...... Evidence Act has attribute the liability of proving the facts on the accused when the same is especially within his knowledge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while living in their residence the wife Shirina Khatun bec......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
.... death to imprisonment for life if his conviction is upheld. 6. While assailing the submissions of Mr. Hossain, Mahbubey Alam, learned Attorney General appearing for the respondent, read out the relevant portions of the judgment under review and submits that this Division has considered each of......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......on 3(2) International Crimes Tribunal-2 (ICT-2) [Tribunal constituted under section 6 (1) of the International Crimes Tribunal Act, 1973(XIX of 1973] [Charges: crimes against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Ac......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....Ļ¨ā§āĻāĻŋāĻ āĻāĻŽāĻŋāĻāĻŋ)āĻĒā§āĻ°āĻŦāĻŋāĻ§āĻžāĻ¨āĻŽāĻžāĻ˛āĻž, ā§¨ā§Ļā§Ļā§¯,” and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact relevant for the disposal of this Rule, in brief, are that the petitioner applied for the post of He......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......ellip;……………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: ...... (ii) of the Constitution on the following amongst others. Hence this petition. 3. The learned advocate, appearing for the petitioner, Mr. Humayun Kabir, having placed the petition alongwith the documents annexed therewith, and first up all submits that the petitioner is the Headmaster of Uzan ..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
.... Deliberations of the Court: 9. Since the issue of maintainability of the instant writ petitions has been raised very seriously by the respondent, the same is taken up first. Before starting, relevant portions of section 9 of VAT Act, 1991 are quoted below:-- ā§¯āĨ¤ āĻāĻ° āĻ°......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ......Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, 2015 Result: ......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....h the mortgagor applying the provisions of the Mahomedan Law that since she will inherit the property of her deceased father, she would represent her father's position in the suit, but as per the relevant provision of the Mahomedan Law, the petitioner will be eligible to inherit the property of ......y from the loanee-Company and also from the mortgagor/s for mortgaging personal property and from the guarantor/s because of signing on the Promissory Notes and Undertakings. From the scrutiny of the papers, carried out hereinbefore, it is abundantly clear that the deceased had placed himself as a t......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2......perty from her father, she can not be put in her father's position. 9. Mr. Siddique, by referring to the Letter of Undertaking and DP Note, forcefully submits that by signing on those charge documents, the petitioner's father had placed himself as surety or guarantor for the Company'..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....he said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be declared to be without lawful authority and are of no legal effect. Background facts: 2. Short facts, relevant for the disposal of the Rule, are that the petitioner, a citizen of Bangladesh holding TIN ......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....defined in clause-(ii) "Candidate" means a person proposed as a candidate for election as a member. Besides the definition of "candidate", two other definitions of the article are relevant viz "contesting candidate" and "returned candidate". According to ......ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......b Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (In both cases) Judgment August ......ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
....No.8 under section 3(2)(a)(h); in respect of charge No. 17 under section 3(2)(a) and in respect of charge No. 18 under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a prel......t page 667 Part-III; exhibit 38/4 is the issue of Daily Azadi dated 14 December, 1970 page 675, Part-III, exhibit 38/5 the issue of Daily Azadi dated 15th December, 1970 page 676, Part-III. These newspapers it was reported that Salauddin Qader Chowdhury and his father persecuted the minority communi..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
......ation against the convict Salauddin Qader Chowdhury. It submitted a preliminary report to the Chief Prosecutor appointed under the Act of 1973. The Chief Prosecutor submitted formal charges with documents before the tribunal for taking cognizance of the offences against Salauddin Qader Cho..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....oned Building as published in the Bangladesh Gazette dated 23-9-1986 as detailed hereinbefore and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of this rule, in brief, are that the property in question being House No. T-57......perty when PO 16 of 1972 came into operation, as such the listing of the property in the "Kha" list as abandoned property is lawful and conclusive proof of facts. It is also argued that the papers and documents submitted on behalf of the Petitioner to prove her case showing payment of util......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......ur Rob Biswas pressed the said Abid Hossain to execute and register the sale deed upon receipt of the remaining money it was revealed that the property has been mortgaged to the HBFC and the original documents are lying with them. Thereafter the petitioner after making necessary inquiry came to know..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ed Revisional application No.34 of 2005 under section 115(2) of the Code of Civil Procedure before the learned District Judge, Moulvibazar. Who after hearing the parties and considering the relevant law rejecting the revisional application on the ground that the petitioner did not fulfill ...... may send back the matter to the trial court to consider the application on merit. 9. I have heard the learned Advocates of both the sides, perused the impugned judgment of the courts below, the papers and documents as available on the records. It appears that the opposite party Nos.1 and 2 as ......This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......ack the matter to the trial court to consider the application on merit. 9. I have heard the learned Advocates of both the sides, perused the impugned judgment of the courts below, the papers and documents as available on the records. It appears that the opposite party Nos.1 and 2 as plaintiffs ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....1998 and 2656 of 1998, both under Rule 31 of the East Bengal Tenancy Rules, 1955, were decided against the appellants, vide the judgment and order dated 14.10.2001, which is well reasoned and all the relevant facts have been detailed in the said judgment as well as the decision of the superior court......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......;J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
Th......e discussion of the facts and circumstances of the case of the parties and narrating facts as well as the circumstances of the case of both the sides and then having considered all material facts and documents alongwith the decisions of the higher court and the concerned law, the aforesaid judgment ..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......R (AD) (2015) 266. ...... and thereafter submitted that the plaintif's proved his (sic, it would be their) case by oral and documentary evidence, but the trial court without appreciating the evidence on record, exhibited documents and plaintiff's case dismissed the suit. He draws our attention to the ground No...Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....stion created some false and forged documents and the Court of Settlement rightly disbelieve the documents filed by the writ petitioners. The learned Deputy Attorney General also placed before us the relevant article 2(1) and 6 of the President Order 16 of 1972 and section 5(2) of the Ordinance and ......rted the judgment and order dated 31.07.2000 passed by the learned Judge of the 1st Court of Settlement, the respondent No. 2 on stating that the writ petitioners annexed some forged and manufactured papers in order to establish his alleged false ownership and the Government has legally and rightly ......
High Court Division
(Special 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 ......tion officer of the Ministry of Public Works served a notice upon the petitioners for showing the original deeds and also served similar notice on 08.04.1984. While the writ petitioners submitted his documents and was advised to file an application before the Court of Settlement and accordingly, the..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Mahmudul Islam Vs. Anti-Corruption CommiÂŦssion and others, 2015, 44 CLC (HCD)
.... In the first installment the ACC sent the petitioner a cheque for an amount of Taka 3,37,250 without deducting any amount as advance income tax and the petitioner paid income tax for the relevant financial year showing his total income which included the aforesaid sum of Taka 3,37,250. ...... 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 ......diction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is dis...... 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 ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
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