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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)

....il Appellate Jurisdiction) Present: Soumendra Sarker J Quazi Reza-Ul Hoque J N. Deb Choudhury J Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another…………………………&he......ellate Jurisdiction) Present: Soumendra Sarker J Quazi Reza-Ul Hoque J N. Deb Choudhury J Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………A......Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………Appellants Vs. Messrs Ahad Jute Mills Ltd. and others………………...Re......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

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ......   ...... Sheikh Hassan Arif J Abu Taher Md. Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Responden......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

Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

.... of 2011 Judgment Sheikh Abdul Awal J.—This First Appeal 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......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201...... Sheikh Abdul Awal J  Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Jud...... 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       ..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

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

....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 examination this ejahar was lo...... 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......esent: Soumendra Sarker J A.N.M. Bashir Ullah J State……………………………………..Appellants  Vs. Md. Golam Rabbani………………Respondent  Judgment......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)

....hellip;………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh…………………………&he......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......azmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Trib......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

Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)

.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171   ...... Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgment Se...... Present: Sharif Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Responde...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171   ..

Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

.... Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2...... Emdadul Huq J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ..

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)

....round facts: 2. Short facts, relevant for the disposal of the Rule, are that the petitioner, a citizen of Bangladesh holding TIN No. 617098180429 and an assessee under Circle-85 of Taxes Zone-4, Dhaka, submitted his return of income for the assessment year 2012-2013 under Universal Self-Assessm......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ...... Present: Sheikh Hassan Arif  JN Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Re......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

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

....un 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 July 29, 2015. Result: The convicti..............................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. ......nal) 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 J......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     ..

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

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....d in the Gazette (Extra-ordinary) on 23-9-1986. Then the Petitioner filed a Case under Section 7(1) of the Ordinance 54 of 1985 in the Second Court of Settlement being Case No. 221 of 1992, Dhaka annexing all the relevant documents in support of her claim by a Firisti. But the Second Court......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......pecial Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………&helli......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 ..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....uo; that it is stated that after dismissal of appeal Nos. 2656 of 1998 and 2655 of 1998 on 14-10-2001 by the order passed by Assistant Settlement Officer, Land Record and Survey Directorate, Tejgaon, Dhaka, the record of rights remained in the names of the petitioner and his co-sharers on the basis ......;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......Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..R......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

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....; Bangladesh Vs. Amela Khatun and others, 53 DLR (AD) 55; Iqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, 45 DLR 416; Government of Bangladesh Vs. Md. Jalil and others, 48 DLR (AD)10; Hazerullah and ...... 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 ......al 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 represented by the Secretary, Minis......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: ..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

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

....and, as such, she has made clear vio­lation of the regulation and cared not at all about the source and limitation of her authori­ty. Hence, this is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position mak...... 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......gh Court Division (Special Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others..................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   ..

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

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

.... was issued in the following terms:- "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the auction notice dated 26-7-2012 passed by the Artha Rin Adalat No. 4, Dhaka in Execution Case No. 36 of 2012 (Annexure-B) should not be declared to have been published wi......¿à¦¬à¦¸) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands.                ......iction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 20......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

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

....pugned memos as envisaged in Annexures A, A1, A2 and A3 to the petition were issued by 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......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......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commi­ssion and others............Respondents Judgment May 18...... 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

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....ecised below: 3. By gazette notification published on 26-1-1989, several hundred acres of land of different 8 mouzas were requisitioned for setting up of Tongi Industrial Town by the former Dhaka Improve­ment Trust (at present RAJ UK) under the provi­sions of section 93A of the Tow...... 263   ......ppellate division (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Government of Bangladesh and oth­ers..........Appellants Vs. Ashraf Ali…………………….......................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   ..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

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

....e-petitioner, (Orascom Telecom Bangladesh Limited) of leave-petition No.342 shall donate Taka 30, 00,000 (thirty lakh) to the National Institute of Kidney Diseases and Hospital, Shere-e-Bangla Nagar, Dhaka. 24. Leave petitioner (The Chief Executive Officer, GrameenPhone Limited), shall donate T...... 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. ...... 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. Kalipada Mridha and others................Respondents (In both the petitioner) Judgmen......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

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)

.... No.7 of 2012) Shahjahan @ Haider @ Kutti ………Petitioner In Jail Petition No.8 of 2012 Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others……… Respondents (In Civil Appeal No.116 of 2010) The State......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 …………………&......lip;……………….........Petitioner (In Jail P. No.7 of 2012) Shahjahan @ Haider @ Kutti ………Petitioner In Jail Petition No.8 of 2012 Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others&....... The Queen (2006) 1 WR 1623; Barnard Vs. The Attorney General; Attorney General Vs. Susan Kigula; Godfrey Ngotho Mutiso Vs. Republic Lawyers Involved: M. I. Farooqui, Senior Advocate (with A.B.M. Bayezid, Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appe..

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)

....jahan @ Haider @ Kutti……………….Petitioner (In Jail Petition No.8 of 2012) Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs, Dhaka and Others…………………………&hel......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...... Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ......................................Appellant (In Civil Appeal No.116 of 2010) Vs. Shafiqul Islam…................................Petitioner (In Criminal Petition No.3......s Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US, at 100, 2I. Ed. 2d 630, 78S Ct 590. Lawyers Involved: M. I. Farooqui, Senior Advocate (with A.B.M. Bayezid, Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellants..

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)

....ure-K to the supplementary affidavit dated 8-4-2015. The respondent No. 5, Bhawal Raj Court of Wards Estate made an application mentioning rule 42A of the Rules, 1955 before the Settlement Officer at Dhaka against the aforesaid appellate order for cancellation of the same and for hearing of the appe......orted in: 68 DLR (HCD) (2016) 37   ...... Present: Shamim Hasnain J Mohammad Ullah J Hossain Ali and Others…………………………..................Appellants Vs.  Government of Bangladesh and Others……………................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