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....udgment and decree dated 19.10.2003 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Money Suit No. 55 of 1990.
2. This First Appeal was taken up for hearing by a Division Bench of the
High Court Division, while that Bench passed the following order:-
“Dur......end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately.
Soumendra Sarke J. — I agree.
Quazi Reza-Ul Hoque J.—I agree.
Ed.
..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....ection 561A of the Code of Criminal Procedure, by the usurping function of a trial court. 11. We have noted that in 57 DLR 603, (Khalilur Rahman Vs. Md. Habibullah) in that case a Bench of this Division has held that; "'Refer to drawer' as per banking parla......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
.... since the concerned Customs House were not releasing the imported goods of the petitioner even after such ad-interim order, the petitioner moved Writ Petition No. 5752 of 2015, whereupon, a Division Bench of the High Court Division, vide order 28-5-2015, issued Rule Nisi and directed the respondent......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....and that if the VAT payer is aggrieved by such action, he has alternative remedy of filing written objection before the higher VAT officer. According to her, relying on this general order, a Division Bench of this Court in Writ Petition No. 3261 of 2004, discharged the Rule holding that the writ pet......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
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....tion (3) of section 82BB through selection for audit. This view as regards the jurisdiction of the IJCT under section 120 read with section 82BB as adopted by a Division Bench this Court in the aforesaid Reliance Insurance case is thus a correct decision of law and this......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)
.... and 9 of 2014) Judgment Md. Abdul Wahhab Miah J. — These petitions for leave to appeal have been filed against the common order dated the 24th day of April, 2014 passed by a Division Bench of the High Court Division in Election Petition Nos.8 and 9 of 2014 rejecting both the electio......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
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....he law and dignity of the Court in the estimation of the public. 6. A litigant or Judge is not entitled to have any say in the selection of any Judge or Judges who are to constitute a particular Bench. It is the Chief Justice of Bangladesh in exercise of powers under Article 107(3) of the Const......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: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....e authority over an appellate order passed under Rule 31 of the Rules."
10. We respectfully agree with the above quoted ratio of judgment and order, reported in 65 DLR 168, passed by a Bench of this Division. We have also considered the application of the learned Advocate with the imp......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.
..
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)
....udgment and decree dated 12-6-1994 dismissed the suit. Against the judgment and decree of the trial Court, the plaintiffs filed First Appeal No. 328 of 1994 before the High Court Division. A Division Bench of the High Court Division by the impugned judgment and decree allowed the appeal and sent the......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. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....case of Iqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, reported in 45 DLR 416, wherein a Division Bench of the High Court Division held that,
“Therefore, it is a condition precedent that ......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:
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Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....None Represented—For Respondents. (In both the Petitions) Civil Petition for Leave to Appeal Nos. 342 and 327 of 2011. (From the judgment and order dated 5-8-2010 passed by a Division Bench of the High Court Division in Writ Petition No. 8493 of 2006) Judgment Syed Mahmud H......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)
....5,000 in default to suffer rigorous imprisonment for one year more. 2. This criminal appeal has however by the time been heard and verdicts also have been delivered by another Division Bench of this court. But since their Lordship's could not reach a unanimous resolution resp......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
....the facts and circumstances bearing upon the crime are legitimately brought to the notice of the court.
27. In Maneka Gandhi Vs.Union of India, AIR (SC) (1978) 597, a seven member constitutional Bench of Supreme Court held that a statute which merely prescribes some kind of procedure for depriv...... 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:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ll the facts and circumstances bearing upon the crime are legitimately brought to the notice of the Court.
27. In Maneka Gandhi Vs. Union of India, AIR 1978 SC 597, a seven member constitutional Bench of Supreme Court held that a statute which merely prescribes some kind of procedure for depriv......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:
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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)
....ut lawful authority and of no legal effect. 2. The Rule was directed to be heard along with Writ Petition No. 4027 of 2003. Since the record of the aforesaid Rule could not be placed before this Bench at the time of hearing, the Rule issued in the said writ petition will be heard and disposed o......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
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....iminal Revision No. 357 of 2013) Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 20-2-2014 passed by a Division Bench of the High Court Division in Criminal Revision No. 357 of 2013 summarily rejecting the applic......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)
....;s verdict was delivered on 9thMay, 2013. 4. By exercising his right as conferred by Section 21 of the Act Muhammad Kamaruzzaman preferred an appeal before this Division, and a four member Bench of this Division, after exhaustive and comprehensive hearing, spreading over 17 working days, ......, 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
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ion was a mortgage by conditional sale. The appellate Court, however, held that the transaction was an out and out sale with a condition of repurchase and not a mortgage by conditional sale. A Single Bench of the High Court Division on construction of the documents noticed the beginning words 'k......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)
....ut hearing the petitioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in hand has already been decided by the same Division Bench, the writ petition can be heard on merit without hearing the petitioner. ...... (8) ......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
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....ly, the father of the accused. 7. Against the judgment and order of conviction and sentence, the accused preferred Criminal Appeal No. 158 of 2006 before the High Court Division. A Division Bench of the High Court Division by the impugned judgment and order maintained the order of convicti......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. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
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