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Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....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   ......Chowdhury has referred the case reported in AIR 1967 (SC) 1836 where two passports of a holder were cancelled on the ground that he had failed to produce the same when asked for. The Supreme Court of India under Article 32 of their Constitution issued a writ of mandamus directing to restor..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....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: ......luding the sociologists, legislatures, jurists, Judges and administrators still firmly believe in the worth and necessity of capital punishment for the protection of the society. The Supreme Court of India, in Ediga Annamma (AIR 1974 SC 799) while noticing the social and personal circumstances, poss..

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

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

....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     ......ard of Kiron Bikash Chowdhury, and as a result 32 Hindu people were killed and 3 persons were seriously injured. Besides, the houses were looted and destroyed by fire and some people had to deport to India as refugees to take shelter there. Thus, the accused has been charged for commission of offenc..

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

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: ......) (1983) 277; B.G. Goswami Vs. Delhi administration, (1974) 3 SCC 85; Dilip Kumar Sharma Vs. State of M.P., 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Woodson and L..

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: ......tration, (1974) 3 SCC 85; Mithu Vs. State of Punjab,(1983) 2SCC 277; Dilip Kumar Sharma Vs. State of M.P., (1976) 1 SCC 560; Jagmohan Singh Vs. State of UP, (1973) 1SCC 20; Maneka Gandhi Vs. Union of India, AIR 1978 SC 597, (1980) 2 SCC 684; James Tyone Woodson and Luby Waxton Vs. State of North Car..

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

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

....Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, AIR 1945 FC 18; Narayan Singh Nathuram Vs. State of Punjab AIR 1952 (SC) 106; Ram Narayan S......ing him from doing any prejudicial act. The High Court Division discharged the Rule. In such back ground of the case, the Appellate Division quoting the decision taken in the case of Federal Court of India in the case of Basanta Chandra Chose Vs. Emperor, AIR 1945 FC 18, the case of Narayan Singh Na..

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   ....................... (13) Case Referred to- Jalaluddin Jafar Ali Husein Vs. Tahmid Ahmed, 6 MLR 28 = 52 DLR 141; Bangladesh Bank Vs. Sk Abul Hossain, 12 MLR (AD) 292 = 59 DLR (AD) 60; Union of India Vs. Harjeet Singh Sandhu, AIR 2001 SC 1772; Re El Sombrero Ltd., (1958) Ch. 900; Union Music L..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., 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: ......Chief Prosecutor, International Crimes Tribunals (ICT), 66 DLR (AD) 289); Prosecutor Vs. Laurent Semanza (Case no ICTR (7-20-T); Ambaram Vs. State of M.P., AIR 1976 SC 2196; Shashi Nayar Vs. Union of India , AIR 1992 SC 395; Karnataka Vs. Prakash Jadav, 2006 CrLJ 3393 (3409) (BD); Ambaram Vs. State ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....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. ......nu Mia Vs. Abdul Jabbar, 10 DLR 636; Manjabai Krishna Patil (dead) by LRS Vs. Raghunath Revaji Patil (2007) 12 SCC, 427; Rama Devi Vs. Dilip Singh (2008) 7 SCC, 105; Bhagwan Shahi Vs. Bhagwan Din, 17 Indian Appeals, 98; Abdul Khaleque Sarnamat Vs. Abdul Khaleque Sarnamat, 1 BLC (AD) 90 and 164; Niaz..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......ana Haque Vs. University of Dhaka, 42 DLR 262; Re Infant H (K) ([1967] 1 All ER. 226); Council of Civil Service Union Vs. Minister for the Civil Service [1984] 3 All ER 935; Swadeshi Cotton Mills Vs. India, AIR 1981 SC 818; Chingleput Bottlers Vs. Majestic Bottlers, AIR 1984 SC 1030; Gonzalez Vs. Fr..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......ed by the High Court Division in Trade Mark Appeal No. 3 of 2009 dismissing the same. 2. Short facts necessary for disposal of this petition are that one Raj Kumar Agarwala, an    Indian national,filed Trade Mark Application No. 51258 in class-3 on-28-5-1997 for getting his trade..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......n and the VAT Act of 1991. 10. Mr. AF Hasan Ariff, the learned Senior Advocate for the petitioners while deliberating on different Articles of our Constitution in compari­son to those of the Indian Constitution on the issue also submits that the Local Audit Directorate can enquire and audit..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ...... Vs. Mujibur Rahman Sikder, 35 DLR (AD) 203; Abdul Karim Sarker Vs. State, 38 DLR (AD) 188; State Vs. Nazrul Islam, Advocate, 37 DLR 200; KM A Awal Vs. State, 16 DLR (SC) 429; Vineet Kumar Mathur Vs. India: 7 SCC 714; Elders Ltd. Vs. SC Chowdhury, 54 DLR 226 & Shamsur Rahman Vs. Tahera Nargis, 4..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10

A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....ment and order along with the lower Court's record be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......the convict appellant along with another accused Md. Zakir Hossain alleging, inter-alia, that he as the Proprietor of Monika Engineering Works at Pabna had import­ed 19,900 kgs scrap of iron from India as raw materials for his factory through LC No.0466. 0501-0057 dated 16-8-2005, Uttara Bank, P..

Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177.       ...... infringement of fundamental rights, guar­anteed by the Constitution, or of any other law, in respect of matters relating to or aris­ing of sub-clause (a), but such Tribunals cannot, like the Indian Administrative Tribunals in exercise of a more comprehen­sive jurisdiction under Article ..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......wn to the people of the subcontinent. Right of pre-emption is not right of repurchase but a simple right of substitution to stand in the shoes of vendee. Before the British regime all the citizens of India followed Muhammadan Law. Mohammadan pre-emptor and Hindu Pre-emptee where Muhamma-dan law appl..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8

Government of Bangladesh, represented by the Secretary, Ministry of Education and others Vs. SM Humayun Kabir and another, 2014, 43 CLC (AD)

....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 279. ......can be withdrawn before it is accepted by the competent authority....... (16) Cases Referred to- Jagdish Chandra Vs.Commissioner of Transport (1982) 1 Serv. LJ 422 (HP); Jairam Vs. Union of India, 1954 (SC) 584; Raj Kumar Vs. Union of India, AIR 1969(SC) 180. Lawyers Involved: Ra..

Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ......was recorded in the name of Shashi Kumar Singh, son of Mohadeb Singh. Accordingly SA record of right also was prepared in the name of Shashi Kumar Singh. That Shashi Kumar Singh left this country for India before 1965 and, as such, the suit land was enlisted as enemy property. Neither the plaintiff ..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ...... Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BLD (AD) 223, 9 BLC (AD) 223; Union of IndiaVs.GM Kokil, 1984 (Supp) SCC 196; Unicol BangladeshVs.Maxwell Engineering Works Ltd., 56 DLR (A..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

.... Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dis­missed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake, 1844 (6 QB) 126; Zulfikar Ali B......vy Council as back as in 1940 in the case of Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176. The state­ment of law argued by the Privy Council was approved by the Supreme Courts of Pakistan and India in series of cases and this Division has also approved the same. This opinion has not been ove..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16