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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. ......ther way……… (15 &18) Case Referred to- Shadharan Bima Corporation and others Vs. Golden Twisting Factory & others, 66 DLR 224; Surat Sarder and others Vs. Afzal Hossain and others, 49 DLR (AD) 99; Tar Muhammad & Co. Vs. Federation of Pakistan and others, 9 ......Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………Appellants Vs. Messrs Ahad Jute Mills Ltd. and others………………...Re..

Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142

Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

.... to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......AD) (2012) 167: Arif-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 Ho....... State, 16 BLT (AD) (2008) 51; Ahmed Lal Mia Vs. State, 66 DLR (AD) 204; SM Redwan Vs. Md. Rezaul Islam, 66 DLR (AD) 169; 17 BLC (AD) (2012) 167: Arif-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 A...... Md. Rezaul Hasan J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others……………………&helli..

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

RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....s Case is also Reported in: 68 DLR (HCD) (2016) 165   ......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   ......mer of the respondent No.1. On 28-9-2012, the meter of the petitioner being No. 05920120 was examined by an inspection team of Comilla Palli Bidyut Samittee-1 (CPBS-1) in presence of one Mr. Tofajjal Hossain, a representative of the petitioner and Mr. Mohammad Abdul Baten, a nephew of the Managing D......) 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…………Resp..

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

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

....67 (SC) 1836; Schmidt Vs. Secretary of State, (1969) 2 ChD 149; King Henry Vs. England, 1414 Act of Parliament. Lawyers Involved: Nitai Roy Chowdhury, Advocate—For the Petitioner Md.Mokleshur Rahman, D.A.G. —For the Respondents Writ Petition No.12750 of 2015 Jud......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   ......lip;……………………Respondent Judgment January 14, 2016 Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Banglades, 44 DLR, 39AIR 1967 (SC) 1836; Schmidt Vs. Secretary of State, (1969) 2 ChD 14...... Razik-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………&helli..

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

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......sed without any order as to cost. 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: 67 DLR (HCD) (2015) 281 ......and or land in question belonged to "joint or undivided family. Mr. Mohiuddin further submits that in spite of getting opportunity to implead the necessary parties such as Taimur Banda, Mozaffar Hossain and others the petition­er deliberately did not implead them in the case and, as such, t......7 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

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

....: 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   ......clear in the said nature of fact………….(37) Case Referred to- Habibur Rahman @ Habu Vs. State, 1 BCL (AD) 1;  Abdur Razzaque Vs. State, 28 DLR (AD) 35; Illius Hossain Vs. State, 54 DLR (AD) 78 ; Abdul Motled Hawlader Vs. State, 6 BLC (AD) 1; State Vs. Md. Sha......esent: Soumendra Sarker J A.N.M. Bashir Ullah J State……………………………………..Appellants  Vs. Md. Golam Rabbani………………Respondent  Judgment..

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

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

....p;………….(16-24) Case Referred: Abdul Kader Molla Vs. Chief Prosecutor, International Crimes Tribunal, 66 DLR (AD) 289; Prosecutor Vs. Blagojevic and Jokic (ICTY);Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka; AIR 1974 (SC) 799; AIR 19......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: ...... is dismissed. Ed. This case is also Reported in: ......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..

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

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....ommunicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ......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   ......judgment and decree of the Artha Rin Adalat shall not apply………………..(6) Lawyers Involved: Md. Jamiruddin Sirkar, Senior Advocate and Md. Farhad Hossain Kazal, Advocate—For the Petitioner Hosainul Kabir, Advocate—For the Respond......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Zafar Ahmed J Abdul Hamid Chowdhury (Iqbal) and Others…………Petitioner Vs. Artha Rin Adalat and Others……………………..

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   ...... 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   ...... Others…………………..Respondent Judgment September 10, 2015 Result: This Rule is made absolute. Lawyers Involved: Syed Ridwan Hossain, Advocate—For the Petitioner None appears—For the Opposite parties. Ci...... Present: Sharif Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Responde..

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)

....lauses-'Ka' to 'Ta' of sub-section (1) of section 9 were totally absent. Hence, the impugned directions and/or actions were without jurisdiction. Lawyers Involved: Md. Mizanul Haque and Hasan Rajib Prodhan, Advocates—For the Petitioner in both Writ......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   ......urisdiction. Lawyers Involved: Md. Mizanul 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 Pe......sp;J JN Deb Choudhury J City Vegetable Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent ..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

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 ......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 ...... agency, since the amount of signing money paid to the land owner by the developer agency is thus realized from the purchaser of the flat. The Argument advanced by the learned Advocate Mr. Zakir Hossain Munshi thereafter has substance. The tribunal considered the receipt of Taka 71,00,000 as a ...... Present: Sheikh Hassan Arif  JN Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Re..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

...., they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......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: ......his Case is also Reported in: ......n J Muhammad Imman Ali J Hasan Foez Siddique J The State…………………………………….Petitioner Vs. Mr. Swadesh Roy, (author of the article under the caption in “সাকার পর..

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)

.... support of charge No. 17 it has examined Nizam Uddin Ahmed (P.W. 15), Syed Ohidul Junu (P.W. 19) and Dr. AKM Shafiullah (P.W. 27). In support of charge No. 18 it has relied upon Anisuzzaman (P.W.1), Md. Salehuddin (P.W. 8), Abu Taher Chowdhury (P.W. 25), Md SoLalman (P.W. 26), Md Ezab Uddin Mia (P.......nd Paritosh Kumar Palit (P.W. 28). In support of charge No. 8 it has examined Serajul Islam @ Seru Bangalee (P.W.3), S.M. Mahbub-ul-Alam (P.W.11), Umme Habiba Sultana (P.W.17) and Sheikh Mo'Vshed Anwar (P.W. 20). In support of charge No. 17 it has examined Nizam Uddin Ahmed (P.W. 15), Syed Ohidu......ed in: 67 DLR (AD) (2015) 295     ......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..

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

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

....………….(20) Case Referred to- Jebon Nahar Vs. Bangladesh reported in 49 DLR 108, Bangladesh Vs. Chand Sultana reported in 1 MLR 310: 51 DLR (AD) 24; Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Secretary Ministry of Works Vs. Rowshan Ara Begum, 57 DLR (AD) 167; Bangl......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 said S.G. Mustafa while in possession and enjoyment of the property in question died in the year 1972 and he was buried in Khalishpur grave-yard, Khulna. The said SG Mustafa died leaving son Abid Hossain, who was in possession of the disputed property. Subsequently he decided to dispose of the p......pecial Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………&helli..

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

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....the defendants Tightly filed the application under rule 13 of order IX of the code of civil procedure, as such the findings of the courts below is erroneous one. Lawyers Involved: Md. Khaled Ahmed, Advocate— For the Appellants. Mohammad Noor Hossain, Advocate— Fo......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......rder IX of the code of civil procedure, as such the findings of the courts below is erroneous one. Lawyers Involved: Md. Khaled Ahmed, Advocate— For the Appellants. Mohammad Noor Hossain, Advocate— For the Respondents. Civil Revision No. 4994 of 2005 Judgment ...... (Civil Appellate Jurisdiction) Present: S.M. Emdadul Huque J Torab Ali and Others………………………...........Appellants Vs. Madris Ali Saha and Others…………….............Respondent ..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......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. ......eported in: 67 DLR (AD) (2015) 266. ...... Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Immam Hossain Sawdagor and others.........Petitioners Vs. Abul Hashem and others……………………&hell..

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)

.... (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 another Vs. Chairman, 1st Court of settlement an......ir Lordships held that, “In the instant case the petitioner having not been able to establish before the Court of Settlement that the claimant of the property or for that matter her vendor Anwari Khatun were present in Bangladesh on 28.02.1972 and consequent thereupon the property having ......Ali and another, 49 DLR (AD) 161; Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others, 59 DLR (AD) 165. Lawyers Involved: Md. Afzal Hossain, Advocate—For the petitioner S. Rashed Jahangir, D.A.G with Titus Hillol Rema, A.......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..

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)

....y fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......is also Reported in: 15 BLC (HCD) (2010) 349   ......bsp;                 Lawyers Involved: Zainul Abedin with M. Mahbubur Rahman Khan Fahima Barrin and Md. Sagir Hossain, Advocates—For the Petitioner. AMS Nazmul Haque, D.A.G with Jesmin Sultana, A.A.G......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..............

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

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

....ে যেন এই আইন প্রনীত হয় নাই এবং তদাধীনে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy ......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   ...... is also Reported in: 67 DLR (AD) (2015) 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……………………...................

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

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

....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.   ......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.   ......is also Reported in: 67 DLR (AD) (2015) 292.   ...... 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..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5