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....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
......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
......
Present:
Moyeenul Islam Chowdhury J
Md. Iqbal Kabir J
RNR GNG Refuelling and Filling Station Limited………………….Petitioner
Vs.
General Manager, Comilla Palli Bidyut Samittee-1 and Others…………Responden..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....uspension order was not Bond Commissioner and rather a Commissioner (current charge) of Mongla Customs House only, the suspension order was without lawful authority.
8. Mr. Moniruzzaman, learned Deputy Attorney General appearing for the concerned Commissioner of Customs, on the other hand, fran......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......
......was not Bond Commissioner and rather a Commissioner (current charge) of Mongla Customs House only, the suspension order was without lawful authority.
8. Mr. Moniruzzaman, learned Deputy Attorney General appearing for the concerned Commissioner of Customs, on the other hand, frankly concedes tha..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....him. He lastly submits that there is no reason that the passport of the petitioner should be withheld by respondent No. 2 for no fault of the petitioner. 6. Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing on behalf of opposite party No. 2, on the other hand, submits that......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ...... Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………………&h......ubmits that there is no reason that the passport of the petitioner should be withheld by respondent No. 2 for no fault of the petitioner. 6. Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing on behalf of opposite party No. 2, on the other hand, submits that the petitioner ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....ned-prisoner guilty and convicted him under section 302 of the Penal Code and sentenced him to death thereunder. 8. During hearing of this Death Reference Mr. MA. Mannan Mohon, learned Deputy Attorney General along with Mr. Md. Aminur Rahman Chowdhury and Mr. Kazi Bazlur Rashid the le......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 ...... 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......lty and convicted him under section 302 of the Penal Code and sentenced him to death thereunder. 8. During hearing of this Death Reference Mr. MA. Mannan Mohon, learned Deputy Attorney General along with Mr. Md. Aminur Rahman Chowdhury and Mr. Kazi Bazlur Rashid the learned Assistant ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....edin, Advocate-on- Record—For the Petitioner. Mahbubey Alam, Attorney General(with Murad Reza, Additional Attorney General, Momtazuddin Fakir, Additional Attorney General, Biswajit Debnath Deputy Attorney General., Ekramul Hoque, Deputy Attorney General, Masud Hasan Chowdhury, Deputy Atto......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......whether it is a deterrent or not. It is admitted facts that the petitioner was initially the President of ICS, Faridpur District Branch and during the war of liberation, he was elected Secretary General of ICS and, thereafter, President of the then East Pakistan ICS. He organized and led ICS an..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)
....d 9-3-2014 passed in Writ Petition No. 1897 of 2014: Md. Jashimuddin Vs. Government of the PRB. He has prayed making the Rule absolute in the facts and circumstances of this case. 4. The Learned Deputy Attorney-General Mr. ASM Nazmul Hoque a appearing alongwith the learned Assistant Attorney-Ge......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: ......d in Writ Petition No. 1897 of 2014: Md. Jashimuddin Vs. Government of the PRB. He has prayed making the Rule absolute in the facts and circumstances of this case. 4. The Learned Deputy Attorney-General Mr. ASM Nazmul Hoque a appearing alongwith the learned Assistant Attorney-General Mr. Md. Ja..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)
....thout jurisdiction leaving the petitioner with no effications alternative remedy, this Court can interfere into such actions under writ jurisdiction. 8. As against this, Ms. Israt Jahan, learned Deputy Attorney General representing VAT authority, submits that since the petitioners took excess r......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: ......on leaving the petitioner with no effications alternative remedy, this Court can interfere into such actions under writ jurisdiction. 8. As against this, Ms. Israt Jahan, learned Deputy Attorney General representing VAT authority, submits that since the petitioners took excess rebate, they did ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....ead with section 2(15) of the said Ordinance and a circular issued by the NBR, being Circular Kar-7/A:-A:-B/3/2010/262 dated 14-12-2010. Accordingly, respondent No. 2 directed the concerned Deputy Commissioner of Taxes (DCT) to pass necessary orders for demand and to amend the IT-30 and IT......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 ......tinues, this Court should interfere in such gross illegality touching the jurisdiction of those officers under the said Ordinance. 5. As against this, Ms. Nurun Nahar, learned Assistant Attorney General representing respondent No.3, submits that since the NBR, vide Circular No. Kar-7/A:-A:-B/3/..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)
....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 ......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 ......AD) (2015) 289 ..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......nder the caption in “সাকার পরিবারের ততপরতা। পালাবার পথ কমে গেছে।” the issue of “The Daily Janakantha” and another………....Contemnors/Respondents Judgment August 10 and 13, 2......mplexity of modern society, which should be known to all who are involved in the justice delivery system……………(7) Lawyers Involved: Mahbubey Alam, Attorney General-For the Petitioner Salahuddin Dolan, Advocate, instructed by Shirin Afroz, Advocate-on-..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..............................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.
......
Lawyers Involved:
Khondaker Mahbub Hossain, Senior Advocate (with SM Shahjahan, Advocate), instructed by Zainul Abedin, Advocate-on-Record—For the Appellant.
Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, Momtazuddin Fakir, Additional Attorney Genera..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....uation the Respondent-Government ought to have served a notice under Article 7 of PO 16 of 1972 upon the owner or the occupier asking them to surrender the possession of the property to the Deputy Commissioner but in the present case no such notice was issued and subsequently when the Ordi......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......red to the cases of Jebon Nahar Vs. Bangladesh reported in 49 DLR 108, Bangladesh Vs. Chand Sultana reported in 1 MLR 310 : 51 DLR (AD) 24. 7. Mr. Md. Shahidul Islam, the learned Deputy Attorney General with Mr. Sukumar Biswas, the learned Assistant Attorney General appearing for the Respondent..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....property. On referring those decision and facts as stated above the learned advocate for the petitioners prays for making the Rule absolute.
5. On the other hand, S. Rashed Jahangir, the learned Deputy Attorney General appearing for the respondent No. 1 takes us through the affidavit-in-opposit......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:
......
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 ......erring those decision and facts as stated above the learned advocate for the petitioners prays for making the Rule absolute.
5. On the other hand, S. Rashed Jahangir, the learned Deputy Attorney General appearing for the respondent No. 1 takes us through the affidavit-in-opposition and annexure..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....gly he prayed for discharging the rule, asserting that there is no merit in this Rule.
7. The learned Advocate appearing for respondent No. 2 has adopted the submissions made by the learned Deputy Attorney General.
8. The learned Advocate Mr. M. Syed Ahmed, appearing for respondent No......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
......
Md. Rezaul Hasan J
Farid Ahmed J
Anwarul Islam (Md.)……….......................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and
others...................Respondents
Judgment
May 26, 2015.
Result:
The......r discharging the rule, asserting that there is no merit in this Rule.
7. The learned Advocate appearing for respondent No. 2 has adopted the submissions made by the learned Deputy Attorney General.
8. The learned Advocate Mr. M. Syed Ahmed, appearing for respondent No. 5 drew our att..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....y the Respondent No. 3, Assistant Director (Finance & Accounts), Anti Corruption Commission, Principal Office, Dhaka and Annexure A4, A5 and A6 were issued under the Signature of Respondent No.2, Deputy Director (Finance & Audit), Anti Corruption Commission, Principal Office, Dhaka. 19....... 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......ommission 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..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)
....নে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.—For the A......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 ...... 263 ......্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.—For the Appellants. ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....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. ...... 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)
....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. ......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. ......resided over by the local Upazilla Nirbahi Officer and its proceeding was reduced to writing with her signature (exhibit-2, 2/1). P.W.6 Dr. Abdus Samad used to the Resident Medical Officer of Kushtia General Medical Hospital and he certified that pursuant to police case on 14-9-2002 Malati Rani was ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... 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:
...... 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 …………………&...... Dulles, 356 US; Ong Aha Chuan Vs. Public Prosecutor, (1981) AC 648; Privy Council in Fox Vs. The Queen, 2002(2) AC 284; Privy Council in Bowe Vs. The Queen (2006) 1 WR 1623; Barnard Vs. The Attorney General; Attorney General Vs. Susan Kigula; Godfrey Ngotho Mutiso Vs. Republic
Lawyers Involved..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....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:
......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...... of 2009, 8 of 2010, 2-3 of 2011, 5 of 2012, 7 of 2012 and 8 of 2012)
Helaluddin Mollah, Advocate- For the Petitioner (In jail Petition Nos.1 of 2010 and 16 of 2010)
Mahbubey Alam, Attorney General, (with Momtazuddin Fakir, Additional Attorney General)-For the Respondent (In Civil Appeal N..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
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