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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 ...... 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 1-1-2015 under s...... 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 ......esent: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent Judgment ..

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   ......meter. The loads of all CNG Stations are fixed and there cannot be any natural variation therein. For conclusive examination of the disputed meter, it was sent to the Bangladesh Rural Electrification Board (BREB) workshop. The disputed meter was examined at BREB workshop on 29-9-2012. Thereafter on ......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   ......2016) 165   ..

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)

....d Commissioner, learned DAG has drawn our attention to an office order, being Nothi No.শুল্ক ও বন্ড/৯৬(অংশ-১)/২৫৮-৬২  dated 8-2-2001, issued by the National Board of Revenue as welt as the provisions under sub-section (1) of section 13 of......ioner, learned DAG has drawn our attention to an office order, being Nothi No.শুল্ক ও বন্ড/৯৬(অংশ-১)/২৫৮-৬২  dated 8-2-2001, issued by the National Board of Revenue as welt as the provisions under sub-section (1) of section 13 of the Cust......arned DAG has drawn our attention to an office order, being Nothi No.শুল্ক ও বন্ড/৯৬(অংশ-১)/২৫৮-৬২  dated 8-2-2001, issued by the National Board of Revenue as welt as the provisions under sub-section (1) of section 13 of the Customs Act, ......   ..

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

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....r 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; Zulfiker Mahmud Vs.National University, 60 DLR 40; Md. Jashimuddin Vs. Government of the PRBi, Writ Petition No. 1897 o...... of his monthly salary and other financial benefit regularly, without any interruption, till to date; that without complying the mandatory provisions of the Recognised Non-Government School Teachers (Board of Intermediate and Secondary Education, Rajshahi) Terms And Conditions of Service Regulations......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     ......ellip;……………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: ..

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)

....ctions of adjustment of current account register done by the VAT Officers under section 9(2) of the VAT Act, 1991. In this regard, she has also drawn our attention to a general order of the National Board of Revenue (NBR), being General Order No. 48/Mushok/2010 dated 14-10-2000, wherein it...... adjustment of current account register done by the VAT Officers under section 9(2) of the VAT Act, 1991. In this regard, she has also drawn our attention to a general order of the National Board of Revenue (NBR), being General Order No. 48/Mushok/2010 dated 14-10-2000, wherein it has been......nt of current account register done by the VAT Officers under section 9(2) of the VAT Act, 1991. In this regard, she has also drawn our attention to a general order of the National Board of Revenue (NBR), being General Order No. 48/Mushok/2010 dated 14-10-2000, wherein it has been ordered ......Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, 2015 Result: ..

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 ......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 ......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ..

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)

.... reliefs prayed in the respective election petition barred under articles 14(5) and 51(2) of the RPO. The High Court Division observed that the election-petitioner "being a candidate of the 10th National Parliamen­tary Election did not act rather he was an intend­ing candidate and wante......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 ......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 ......b 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 cases) Judgment August ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

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

.... B, C, D.   Evaluation of evidence. Charge No. 2: 6. P.W. 3 is a local witness. He stated that he worked for professor Nurul Islam Chowdhury, an Awami League candidate in the National Assembly Election held in 1970 and participated in the election process. After the massacre......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     ......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     ..............................Appellant Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent Judgment July 29, 2015. Result: The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. ..

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

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

....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   ......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   ......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   ......This Case is also Reported in: 68 DLR (HCD) (2016) 44   ..

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

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.   ...... 5211 of 2001 under Rule 31 of the East Bengal Tenancy Rules, 1955 was preferred before the respondent No. 5 who transferred the appeal to the Assistant Settlement Officer empowered with the power of Revenue Officer and Assistant Settlement Officer, Begumganj Thana who disposed 4 appeals by the orde......;J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent Judgment June 28, 2015 Result: Th..

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: ......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: ......, Mirpur 1st Coloney under police Station Mirpur, Dhaka by two registered sale deeds from Md. Ehsanul Hoque and since the date of purchase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were duly recorded in the Government...... High Court Division (Special 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 ..

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   ......Rule is made absolute. Vio­lation of the Regulation and disobey the Source and Limitation of Authori­ty— Without following the provisions of the concerned regulation, the then Board Chairman has appointed Mr. Golam Sarwar as President and, as such, she has made clear vio­......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   ...... Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others...................Respondents Judgment May 26, 2015. Result: The..

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

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

....hat the demand by the Durnity Daman Commission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of ......nd by the Durnity Daman Commission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice...... Durnity Daman Commission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice and Parl......diction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commi­ssion and others............Respondents Judgment May 18, 2015. Result: The Rule is dis..

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

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

.... 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgment May 11, 2015. Result: The petitions are disposed of. Use of the National Anthem and Protection, Preservation and Maintenance the sanctity of The National Anthem&mda......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.   ...... 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) Judgment May 11, 2015. ..

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

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.   ...... P.W.6 Dr. Abdus Samad used to the Resident Medical Officer of Kushtia General Medical Hospital and he certified that pursuant to police case on 14-9-2002 Malati Rani was examined by a formal Medical Board and the Board after examination issued a certificate (exhibit-3) and this P.W. 6 used to be th......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.   ......nbsp;     Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ..

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

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: ......ment which a convicted defendant should suffer must be made by the judiciary and not by the executive.” 40. The Conclusion of the Privy Council’s opinion is as under: “The Board will accordingly advise Her Majesty that section 312 should be construed as imposing a discret...... 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: ......eme Court Appellate Division (Criminal) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others …………………&..

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: ......ment which a convicted defendant should suffer must be made by the judiciary and not by the executive.” 40. The Conclusion of the Privy Council’s opinion is as under: “The Board will accordingly advise Her Majesty that section 312 should be construed as imposing a discret......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: ......llate Division (Civil Appellate Jurisdiction) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ......................................Appellant (In Civil..

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

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......the owners of 59.36 acres of land out of 84.90 acres by way of settlement from Bhawal Raj Court of Wards Estate in the year 1941 to 1943 corresponding to 1348 BS to 1351 BS with the permission of the Board of Revenue vide office Memo Nos. 21 of 1347 BS and 15 of 1349 BS through 6(six) separate Settl......s of 59.36 acres of land out of 84.90 acres by way of settlement from Bhawal Raj Court of Wards Estate in the year 1941 to 1943 corresponding to 1348 BS to 1351 BS with the permission of the Board of Revenue vide office Memo Nos. 21 of 1347 BS and 15 of 1349 BS through 6(six) separate Settlement Cas......orted in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......; butted and bounded as follows; On the North: Land of Mr. Azim Mia. On the South: Land of Mr. Abdul Khalaeque Sarder. On the East: Land of Mr. Akrob Ali On the West : Road of District Board. Along with all structures and building constructed or to be constructed therein together......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

.... petition for leave to appeal, in a nutshell, are: The prosecution case, in brief, is that accused Md. Hafiz Ibrahim was an influential parliament member elected from Bhola-2 constituency in 8th National Parliament. He was also a member of the Parliamentary Standing Committee of Ministry of Pla......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ......ent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result:..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19