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....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.
......ip;……...Respondents
Judgment
March 29, 2016.
Result:
The Petition is dismissed.
Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negatively put, it would mean that everythi..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....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 ...... of 2010, arising out of CR Case No. 1162 of 2009, now pending in the Court of learned Additional Metropolitan Sessions Judge, 5th Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disp..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 ......lege, Gabtoli, Bogra shall not be declared to have been passed without lawful authority and is of no legal effect." 2. Be it mentioned that at the time of issuance of the Rule an ad-interim order was passed staying the order impugned against. 3. The averments figured in leading to the..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....1) or any other Act, any dispute arising between the licensees, or licensees and consumers, shall be referred to the Commission for its settlement:
Provided that a contract, executed between the Government or any of its agency and a private company, in respect of energy, immediate before this A......is office Memo No. Comilla PBS-1/400.13/2012/7927 (Annexure-'C' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petit..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....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……….Respondent
...... even though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of the Customs Act, 1..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....f the Rule, in brief, are: The petitioner is a citizen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government and he used that passport and travelled different countries of the world on many occasion......i was issued calling upon the respondents to show cause as to why the respondents shall not be directed to deliver a new Machine Readable Passport (MRP) to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... 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 ......nclusion abruptly without property shifting the evidence on record and, as such, the impugned judgment and decree are liable to be set aside. 21. In the result, the appeal is allowed without any order as to cost. The impugned judgment and decree dated 3-7-2011 passed by the learned Joint Distri..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....8 of Kushtia Pourashava paying separate Tax and opposite party No. 1, Rezaun Nobi was also living in divided land under separate holding No. 8/1 of Kushtia Pourashava, paying separate Tax to the Government. The petitioner, Yamin Nobi also sold some land from his share of the disputed plot to ot......ash;For the Respondents. First Miscellaneous Appeal No. 183 of 1998. Judgment Sheikh Abdul Awal J .— This First Miscellaneous Appeal is directed against the impugned judgment and order dated 17-5-1998 passed by the then Sub-ordinate Judge, 1* Court, Kushtia in Miscellaneous (pre..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....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 ...... that Shirina expired due to snake-bite not by pushing injection containing poison/insecticide in the manner as stated from the side of the prosecution and as such Golam Rabbani is entitled to get an order of acquittal from the charge brought against him. 7. After trial of the case the learned ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....tana 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 Tribunal, Dhaka, ......rafficking, while 33 (thirty three) countries have death as an alternative sentence for the said offence. Punishment is the way in which society expresses its denunciation of wrong-doing; and in order to maintain respect for law; it is essential that the punishment inflicted for grave crimes sh..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)
....te. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zulfiker Mahmud Vs.National University, 60 DLR 40; Md. Jashimuddin Vs. Government of the PRBi, Writ Petition No. 1897 of 2014. Lawyers Involved: Humayun Kabir, A......ndents No. 3 to 5 shall not be directed to dispose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of suspension of the petitioner from his service as the Headmaster. Uzan Teura TUM High School..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......e of the petitioners, Abdul Hamid Chowdhury (Iqbal) and another, this Rule was issued in following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the order and ex-parte decree dated 3-3-2014 passed by the Artha Rin Adalat & Joint District Judge, ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
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 ......r None appears—For the Opposite parties. Civil Revision No.1118 of 2005 Judgment Sharif Uddin Chaklader J.— This Rule, by the pre-emptee, directed against judgment and order dated 9-11-2004 passed by the learned Additional District Judge, 1st court, Narayangonj allowi..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....Haque and Hasan Rajib Prodhan, Advocates—For the Petitioner in both Writ Petitions. Israt Jahan, DAG and Shuchira Hossain, AAG and Nurun Nahar, AAG—For the Government in both Writ Petitions. Writ Petition Nos. 3203 and 3205 of 2004 Judgment ......xercising such power under section 56, the concerned officer must proceed after exhausting the demand procedure as envisaged under section 55 of the VAT Act followed by an adjudication order. he VAT officer admittedly acted under section 9(2) and not under section ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... 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 ......desh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out..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)
....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 ......ing the income as shown under Universal Self Assessment and the Order dated 20-8-2014 (Annexure-E) passed by the respondent No. 3 under section 121A of the said Ordinance upholding the said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be declared to be witho..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 ......te instructed by Md. Habibur Rahman, Advocate-on-Record—For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 1428 & 1429 of 2014. (From the judgment and order dated the 24th day of April, 2014 passed by the High Court Division in Election Petition Nos.8..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: ......-Record-For the Contemnors/Respondents Contempt petition No. 19 of 2015. Order Surendra Kumar Sinha CJ. - For the reasons to be expressed later on, this petition is disposed of by this order. Since various questions arise in the mind of the people of the country, the litigants, the la..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....some documents and alamats, exts. 31 series, 32 series and 33 series; Mollah Abdul Hye, another police officer, to prove ext. 35 series; Md Kawsar Shaikh (P.W.40) book-sorter of Chittagong Divisional Government Library to prove exts. 36 series, 37 series, 38 series, 39 series and Md Nurul Islam (P.W......DAG, Khondaker Diliruzzaman, DAG. arid Bashir Ahmed, AAG, instructed by Mahmuda Parveen, Advocate-on-Record— For the Respondent.
Criminal Appeal No.122 of 2013.
(From the judgment and order dated 1-10-2013 passed by the International Crimes Tribunal No.1 (ICT-1), Dhaka in ICT-BD Case..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....ession shall not of itself suffice to treat the property as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned and enlisted in the ......, Khalishpur Housing Estate, Khulna from the 'Kha' list of Abandoned Building as published in the Bangladesh Gazette dated 23-9-1986 as detailed hereinbefore and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of thi..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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