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Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....riods bearings to run is- “The date of the occurrence causing the loss”, which to us seems to contradicts the aforesaid judgment, so for adjudication of this present dispute the Honorable Chief Justice may kindly be request to permit to constitute a Full Bench for hearing of the matter, ......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. ......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)

....Younus, son of Late Abdus Salam, village-Jafrabad (Debar Par, Karam Ali Majheer Bari), Post Office-Boiltali, District Cox's Bazar, as complainant filed a Petition Case No. 1160 of 2009 before the Chief Metropolitan Magistrate Court, Chittagong, under section 138 of Negotiable Instrumen......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   ......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

A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)

.... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 194 ...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 194 ...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..

Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4

RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....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   ......tampering with the meter is absolutely lawful. However, the writ petition is not maintainable because of the arbitration clause as embodied in section 40 of the Bangladesh Energy Regulatory Commission Act, 2003 read with Regulation 4 of the Bangladesh Energy Regulatory Commission Dispute S..

Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....there was a UD case being No. 33 of 2006 which was filed on 29-11-2006 on which the dead body was sent to doctor for postmortem. During postmortem examination the viscera of the dead body was sent to Chief Chemical Examiner, CID, Dhaka for examination and report. After getting the report of viscera ......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   ......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)

.... Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh…………&h......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: ...... I fervently wish it to be”. (The Yale Law Journal No.6 page 1138). 17. Lord Justice Denning, Master of the Rolls of the Court of Appeal in England, appearing before the British Royal Commission on Capital Punishment, stated his views on this point as under: “Punishment is..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

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 ...... Md. Abdul Wahhab 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) J......Abdul Wahhab 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 ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....amounts to interference with thereof. Criticism of Judges of the highest Court in respect of acts done in their administrative capacity, which contain improper imputation, amounts to contempt. If the Chief Justice is criticized for acts done in his administrative capacity this also amounts to contem......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: ..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

.... Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Salauddin Qader Chowdhury.........................Appellant Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent Judgment ......sp; Evaluation of evidence. Charge No. 2: 6. P.W. 3 is a local witness. He stated that he worked for professor Nurul Islam Chowdhury, an Awami League candidate in the National Assembly Election held in 1970 and participated in the election process. After the massacre on the night foll...... and crimes against humanity and he has manufactured all these affidavits to save his client Salauddin Qader Chowdhury. 97. The affidavit of Reaz Ahmed Noon was affirmed before an advocate, Oath Commissioner, Lahore, and though it was attested by Assistant Protocol Officer, Ministry of Foreign ..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

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

....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   ......he Member of the Governing Body of Uttara High School and College, Dhaka, as per the result, con­tained in Form No. 5 dated 13-9-2014 issued by the Presiding Officer, in respect of Governing Body Election-2014, Uttara High School and College; that for the purpose of appointing the President in a......n­tained in Serial No. 1 of the Memo bearing No.265/Ka/Onu:/9/1309 dated 13-10-2014, issued under the signature of respondent No. 3; that the background facts are that, the office of the District Commissioner, Dhaka, had declared a schedule for the election of the Governing Body of Uttara High S..

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

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

.... 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   ...... 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   ...... 2. The petitioner, Mr. Mahmudul Islam has been engaged in the legal profession for over 50 years as and is at present a Senior Advocate of the Supreme Court. Respondent No. 1 Anti-Corrup­tion Commission hereinafter referred to as "ACC" is a statutory body represented by its Chairma..

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

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

....sion (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J 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. ......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)

....ut since their Lordship'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 a......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.   ..

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)

.... 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: ......se days jail officials were Englishmen and with a view to preventing assaults by the indigenous breed upon the white officers, they had in their mind one kind of case. That is why the Indian 42nd Law Commission Report observed that ‘the primary object of making the death sentence mandatory for..

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)

....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: ......se days jail officials were Englishmen and with a view to preventing assaults by the indigenous breed upon the white officers, they had in their mind one kind of case. That is why the Indian 42nd Law Commission Report observed that ‘the primary object of making the death sentence mandatory for..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....concerned is hereby set aside. The respondent No.1 Abdus Salam, 2. Nawsad Ali, 3. Kayesuddin @ Foyezuddin Forshudin, 5. Tajuddin, 6. Majiruddin and 7. Abdul Jalil are directed to surrender before the Chief Judicial Magistrate, Sylhet to serve out rest of their sentences awarded by the Court. In case......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....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 ......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 ......s of missing of Mr. Salauddin Ahmed; 2. the police headquarters by a letter dated 13-3-2015 informed all concerned, i.e. SB, Bangladesh Police, CID., Rapid Action Battalion (RAB) and BMP, Police Commissioner to inform the head­quarters, if any of the law enforcing agencies picked up Salaudd..

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)

....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   ......his Application notably attests to the fairly demanding and extensive process of the IPO. Approval for the IPO granted by the premier regu­latory body, i.e. the Bangladesh Securities and Exchange Commission ("BSEC") and necessary listing with various Stock Exchanges are shown to have a..

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)

....bove, the view expressed by this Division in absve cited case is not applicable in these cases. 47. Another ground for quashing the pro­ceedings by the High Court Division is that though the Chief Engineer and Superintending Engineer approved the bills they had not been implicated as accuse......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     ......preme Court Appellate Division (Criminal) Present: 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 Rah­ma..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....y a Division Bench of the High Court Division. But because of conflicting views of the learned Judges on the point of law with regard to issuance of the Rule, the matter was placed before the learned Chief Justice of Bangladesh for necessary order. The learned Chief Justice was pleased to send the m......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   ......n 19-12-2005 in their joint names had opened a bank account in Standard Chartered Bank's Battery Road Branch, Singa­pore being USD Account No. 01-07-416270. On an enquiry, the Anti-Corruption Commission found that US $ 1, 75,000 was transferred between 19-12-2005 to 16-1-2008 in their joint ..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19