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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   ......g prosecuted under section 138 of the Act." (3) In 16 BLT (AD) (2008) 51: (Faridul Alam Vs. State) Bench of this Division has held that, "After issuance of cheque by any person in favour of drawers the subsequent act of the person drawing the cheque in stopping the cheq..

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 ...... took the charge and while it was functioning, on the following dated i.e. 20-5-2015 respondent No. 4 released the petitioner from the post of the Chairman of the Governing Body and nominated another person respondent No. 6 Most. Momi Akhter as Chairman of the Governing Body (Annexure-C). It is at t..

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

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   ......969, which is a similar provision like section 56 of the VAT Act, 1991, the preconditions for issuance of any such order under section 202 is the determination of liability of the person upon whom such order will be passed. But in the present case, no such determination has been ..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

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   ......ions 4/6 of the Explosive Substances Act, 1908. Under Rule 6(1) (2) of the Bangladesh Passport Order, 1973, respondent No. 2 enjoys discretionary power to grant or to refuse passport to any person. According to Rule 5(2) of the aforesaid Order, 1973, respondent No. 2 referred the matter to..

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

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   ......; rather by an injection poison has been injected in the body of Shirina Khatun. Thereafter, during preparation of sending Shirina to Kahalu Hospital at about 4-00 AM she died. Meanwhile; the accused-persons fled away leaving the dead body of Shirina Khatun. The informant in his ejahar disclosed at ..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

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: ......s 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, possessing an extenuating impact, has highlighted that death penalty may not..

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)

....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 125     ......es, including the petitioner, this court should declare law, as contemplated under Article 111 of the Constitution, to put an end to this unjust situation and shall fix a period as to how long a person can be kept suspended pending inquiry, when such suspension is not imposed as penal measures...

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)

....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   ......d Others………..Respondent Judgment August 30, 2015 Result: The Rules are made absolute. Whether the concerned officer can issue direction on the delinquent person for adjustment of current account register or whether the officer can himself do such direct ..

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   ......f 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, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before th..

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 ......a 'Memorandum of Understanding (Mou), meaning thereby 'Agreement for joint venture development of land' with a developer company allowing it to construct building on the land owner by the person under the agreement and gives the developer company 'Power of Attorney' to conduct al..

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 ......th the provisions of Chapter-'V'(Chapter-'V has dealt with election disputes). In article 2 of the RPO: "Candidate" has been defined in clause-(ii) "Candidate" means a person proposed as a candidate for election as a member. Besides the definition of "candidate&q..

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: ......lip;……....Contemnors/Respondents Judgment August 10 and 13, 2015 Result: The contempt proceeding succeeds. The proceeding of Contempt Court – If any person undermines the authority or lowers the dignity of the Court, or if any person scandalizes the..

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)

....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     ......indu community and then one of the military man opened fire on the inno­cent village people assembled in the courtyard 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 peopl..

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

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

....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 ...... the provisions of law in this regard may be looked into. 11. The purpose of PO 16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by certain persons who are not present in Bangladesh or whose whereabouts are not known or who have ceased to o..

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)

....itioner and his co-sharers over 42 decimal in Northern portion and 48 decimal in Southern portion of plot No.5310 but the respondent No.9 beyond the knowledge of the petitioner arranged a 'Secret Inquiry Report' and in collusion with respondent Nos. 3, 4-7 and 9 succeeded to make entry of po......Appellant of those Appeals did not proceed to the higher forum as per provision of section 147 of the State Acquisition and Tenancy Act rather recently the respondent No. 9 accompanied with some persons tried to disturb the possession of the petitioner and while the petitioner raised objection ..

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)

....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. ......n the finding that it was bad for defect of parties. He submits that the heirs of the original owners, as well as defen­dant No.3, were parties in the suit, and there being no case that any other person has had got any interest in the suit land, there is no defect of parties in the suit. He subm..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

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

....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: ......Court Division further found that according to clause (b) of sub-section (1) of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance 1985 an abandoned property in possession of a person can only be included in the “kha” list of abandoned buildings in respect of which..

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)

....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   ......মিটি) প্রবিধামালা, ২০০৯ (the '2009 Regulation'), the respondent No. 4 (as head of the institution) by his letter dated 21-9-2014 nominat­ed 3 (three) persons, including the petitioner; that it is further stated that the local Member of Parliament of ..

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   ......: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahmudul Islam, Senior Advocate—Petitioner (In person). Md. Khurshid Alam Khan, Advocate—For the Respondent No. 1. Civil Revision N..

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

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....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.   ......respecting the happenings of the case. But she was neither cross examined by the defence nor by the prosecution. P.W.4 Babul Hossain @ Saheb Ali was a cited witness who denied to have had any sort of personal knowledge regarding the happenings, but admitted to have heard the story from Malati Rani&#..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3