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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)

....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. ......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. ......ute the Honorable Chief Justice may kindly be request to permit to constitute a Full Bench for hearing of the matter, as per Article 1 of Chapter-VII (Reference to Full Bench) as per Supreme Court of Bangladesh (High Court Division) Rules, 1973. Let the matter be placed before the Honorable Chief Ju..

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   ......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   ......if-uz-Zaman Vs. State, 17 BLC (AD) 167, 170; Majad Hossain Vs. State, 17 BLC (AD) 214; Khondaker Mahtabuddin Ahmed Vs. State, 49 DLR (AD) 131; Monzur Alam Vs. State, 55 DLR (AD) 62; Anwarul Karim Vs. Bangladesh, 67 DLR 355; 17 BLC (AD) 177; 55 DLR (AD) 162; 49 DLR (AD) 132; Amir Hossain Vs. M.A. Mal..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

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

....of the Rule an ad-interim order was passed staying the order impugned against. 3. The averments figured in leading to the issuance of the Rule are as follows:-- The respondent No. 4 College Inspector, Board of Secondary & Higher Secondary Education, Rajshahi issued a letter dated 1-1-2...... 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 ......on) Present: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent ..

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   ...... Present: Moyeenul Islam Chowdhury J Md. Iqbal Kabir J RNR GNG Refuelling and Filling Station Limited………………….Petitioner Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others…………Responden......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   ......espondents. Writ Petition No.16010 of 2012 Judgment Moyeenul Islam Chowdhury J.— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show caus..

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

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   ......was not Bond Commissioner and rather a Commissioner (current charge) of Mongla Customs House only, the suspension order was without lawful authority. 8. Mr. Moniruzzaman, learned Deputy Attorney General appearing for the concerned Commissioner of Customs, on the other hand, frankly concedes tha......6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ....... Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Respondent Judgment January 27, 2016 Resul..

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   ......ubmits that there is no reason that the passport of the petitioner should be withheld by respondent No. 2 for no fault of the petitioner. 6. Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing on behalf of opposite party No. 2, on the other hand, submits that the petitioner ......t petition. The case of respondent No.2 in short, is that, the status of the petitioner is different from that of the status of the normal citizens of the country. The report of the Special Branch of Police dated 25-10-2015, reveals that there are as many as 14 criminal cases pending against the pet......-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others………………………&hellip..

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   ......lty and convicted him under section 302 of the Penal Code and sentenced him to death thereunder. 8. During hearing of this Death Reference Mr. MA. Mannan Mohon, learned Deputy Attorney General along with Mr. Md. Aminur Rahman Chowdhury and Mr. Kazi Bazlur Rashid the learned Assistant ......r confirmation of the death sentence awarded against the condemned-prisoner Md. Golam Rabbani Khan in Sessions Case No.58 of 2008 under section 302 of the Penal Code corresponding to Kahalu Police Station Case No.12(1)08 and GR No. 12 of 2008. 2. The prosecution case, as made out in t......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)

.....M. Khan, the new D.I.G. of Special Branch and Intelligence Branch of Police. The team of police officials working on it included, among others, A. Samad Talukder, DSP, Intelligence Branch and Ishaq, Inspector, Intelligence Branch.” John Stone House, British Labour M.P. to P.T.I. in an in......whether it is a deterrent or not. It is admitted facts that the petitioner was initially the President of ICS, Faridpur District Branch and during the war of liberation, he was elected Secretary General of ICS and, thereafter, President of the then East Pakistan ICS. He organized and led ICS an......g profession. Tuesday’s police operation which led to the recovery of the seven bodies was conducted under the guidance of M.M. Khan, the new D.I.G. of Special Branch and Intelligence Branch of Police. The team of police officials working on it included, among others, A. Samad Talukder, DSP, I......ed 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, Bangladesh&hel..

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)

....er in compliance with the provisions of the Regulation-11, 12, 13 and 14 of the said Regulation, 1979; that on 22-3-2015 the petitioner filed an application before the Chairman, the Secretary and the Inspector of Schools, Board of Intermediate and Secondary Education, Dinajpur, (respondent No. 3, 4 ......d in Writ Petition No. 1897 of 2014: Md. Jashimuddin Vs. Government of the PRB. He has prayed making the Rule absolute in the facts and circumstances of this case. 4. The Learned Deputy Attorney-General Mr. ASM Nazmul Hoque a appearing alongwith the learned Assistant Attorney-General Mr. Md. Ja......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     ...... Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zul..

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   ......on leaving the petitioner with no effications alternative remedy, this Court can interfere into such actions under writ jurisdiction. 8. As against this, Ms. Israt Jahan, learned Deputy Attorney General representing VAT authority, submits that since the petitioners took excess rebate, they did ......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   ......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   ..

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   ....... 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   ....... 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   ......ip;…………Respondent Judgment August 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either ..

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 ......tinues, this Court should interfere in such gross illegality touching the jurisdiction of those officers under the said Ordinance. 5. As against this, Ms. Nurun Nahar, learned Assistant Attorney General representing respondent No.3, submits that since the NBR, vide Circular No. Kar-7/A:-A:-B/3/......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 ......uld not be declared to be without lawful authority and are of no legal effect. Background 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, subm..

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 ......AD) (2015) 289 ......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 ...... Present: 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 ca..

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: ......mplexity of modern society, which should be known to all who are involved in the justice delivery system……………(7) Lawyers Involved: Mahbubey Alam, Attorney General-For the Petitioner Salahuddin Dolan, Advocate, instructed by Shirin Afroz, Advocate-on-......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: ......rrogate to itself the role of official liquidator of the Constitution. Our Constitution is a controlled Constitution par excellence.All institutions, including the Parliament and the Supreme Court of Bangladesh are merely creatures of the Constitution and none of them is its master. The Constitution..

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     ...... Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate (with SM Shahjahan, Advocate), instructed by Zainul Abedin, Advocate-on-Record—For the Appellant. Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, Momtazuddin Fakir, Additional Attorney Genera......, Md. Ershadul Haq (P.W. 38), Molla Abdul Hai (P.W. 39), Md Kowser Sheikh (P.W. 40) and Md Nurul Islam (P.W. 41). 4. Besides them, the prosecution has also examined Md Ersadul Haque (P.W. 38), a Police Officer to prove the seizure of some documents and alamats, exts. 31 series, 32 series and 33......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 conviction and ..

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 ......red to the cases of Jebon Nahar Vs. Bangladesh reported in 49 DLR 108, Bangladesh Vs. Chand Sultana reported in 1 MLR 310 : 51 DLR (AD) 24. 7. Mr. Md. Shahidul Islam, the learned Deputy Attorney General with Mr. Sukumar Biswas, the learned Assistant Attorney General appearing for the Respondent......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 ......iginal Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others………………………&hellip..

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)

....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.   ......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.   ......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.   ...... Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent Judgment June 28, 2015 Resu..

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)

....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: ......erring those decision and facts as stated above the learned advocate for the petitioners prays for making the Rule absolute. 5. On the other hand, S. Rashed Jahangir, the learned Deputy Attorney General appearing for the respondent No. 1 takes us through the affidavit-in-opposition and annexure......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: ...... 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, Ministry of Housing and Public Works & others.......Res..

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)

....nexure-A, that the respon­dent No. 2 (the then board Chairman) by a letter dated 13-10-2014 has appointed Mr.Golam Sarwar as President of the Governing Body (GB) of the UMHSC, being signed by the Inspector of College, as approved and directed by the respon­dent No. 2, although name of Mr.Gol......r dis­charging the rule, asserting that there is no merit in this Rule. 7. The learned Advocate appearing for respondent No. 2 has adopted the submissions made by the learned Deputy Attorney General. 8. The learned Advocate Mr. M. Syed Ahmed, appearing for respondent No. 5 drew our att......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   ......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...................Re..

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

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

....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   ......dvocate—For the Petitioner. Shahjada Al-Amin Kabir, Advocate—For Respondent No. 2. SM Moniruzzaman, DAG with SM Quamrul Hasan and Mosammat Khairun Nesa, AAGs. Assistant Attorney Generals—For Respondents. Writ Petition No. 10060 of 2012. Judgment Md. Ashfaqu......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   ......n Nesa, AAGs. Assistant Attorney Generals—For Respondents. Writ Petition No. 10060 of 2012. Judgment Md. Ashfaqul Islam J.— At the instance of the petitioner, Finix Sweater Bangladesh Ltd. this Rule was issued in the following terms:- "Let a Rule Nisi be issued c..

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