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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.
...... Ltd. and others………………...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......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.
....... 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 DLR 197.
Lawyers Involved:
Tufailur Rahman, with Mrs. Sufia Ahmed, Advocates—For the appellants.
..
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 ......hellip;……Respondent Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions ......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 ...... 56 DLR (AD); (2002) 1 SCC 241; Sheikh Mashuk Rahman Vs. State, 62 DLR 28; Zahirul Islam Vs. Md. Kamal Hossain, 66 DLR (AD) 180; Nizamuddin Mahmood Vs. Abdul Hamid Bhuyan, 60 DLR (AD) (2008)195. Lawyers Involved: Jaglul Haidar Afric and Md. Iqbal Hossain, Advocates— For the..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 ......on, Rajshahi issued a letter dated 1-1-2015 under section 39 of the Intermediate & Secondary Education Ordinance, 1961 giving approval of the Ad-hoc Committee of the College in question for a period of 6 (six) months till 30-6-2015 (Annexure-A). Accordingly, Ad-hoc Committee was formed...... 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 ......ts Vs. Bangladesh and Ors………………...................Respondent Judgment February 11, 2016 Result: The Rule is made absolute. Lawyers Involved: A.M. Amin Uddin with Md. Minhaduzzaman, Advocates—For the Petition..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....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
......ter bearing No. 05920120, removed the same and set up another meter bearing No. 07922470 without rhyme or reason. On 27-1-2008, the petitioner obtained permission from Comilla Palli Bidyut Samittee-1 for supply of electricity for the operation of the CNG Filling Station and since then it has been ru......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
......
Vs.
General Manager, Comilla Palli Bidyut Samittee-1 and Others…………Respondent
Judgment
February 1, 2016
Result:
The Rule is disposed of.
Lawyers Involved:
Rokanuddin Mahmud, Mohammed Faridul Islam and Shamsun-nahar, A..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......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, 1969, w......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......ioner has not been seen……….(15)
Case Referred to-
Sarwar Garments Vs. Chairman, NBR, 54 DLR 420, Badar Box Industries Vs. Commissioner of Customs, 19 BLC 411.
Lawyers Involved:
Md. Mehedi Hasan Chowdhury, Sheik Fazle Noor Taposh and Ruhul ..
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 ......elled different countries of the world on many occasions. The passport was issued in favour of the petitioner on 23-11-2006. Later on, the petitioner went to the office of respondent No.2 and applied for a new Machine Readable Passport (MRP). Respondent No. 2 duly received necessary papers from the ......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 ......te. Case Referred to- Syed Mokbul Hossain Vs. Banglades, 44 DLR, 39AIR 1967 (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 Rahm..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 ......ere in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention or not, but it is necessary to find whose unwillingness to perform his part of the obligation under the contract eventually led to the non-performance of the cont...... 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 ......nt-respondent No.1 to perform his part within the period of the contract (bainapatra in question), the suit for specific performance of the contract cannot fail….........…. (18-19) Lawyers Involved: AJ Mohammad Ali and Golam Mohammad Chowdhury, Advocates—For t..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....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 ......n and others............Respondents Judgment December 11, 2015. Result: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parties to add further evidence that will not ......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 ......llip;......(26) Case Referred to- Syesta Bibi Vs. Juma Sha, 1 BLT (AD) 34; Azizur Rahman Vs. Jugal Kishori Sarkar, 36 DLR 351; HN Mukharjee Vs. Shyam Sunder Kuer, AIR 1973 (Patna) 142. Lawyers Involved: Md. Nurul Amin, Advocate—For the Appellants. AKM Golam Mohiuddin w..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 ...... Judgment Soumendra Sarker J.— This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 3rd Court, Bogra for confirmation of the death sentence awarded against the condemned-prisoner Md. Golam Rabbani Khan......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 ......sp;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. Shafiqul Islam alias Rafique, 43 DLR (AD) 92. Lawyers Involved: M.A. Mannan Mohon, D.A.G., Md. Aminur Rahman Chowdhury and Kaz..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: ......against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Act No. XIX of 1973] The Petitioner Ali Ahsan Muhammad Mujahid was found guilty for the “Crimes against Humanity enumerated in Section 3(2) of the ICT Act listed in charge No......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: ......c (ICTY);Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka; AIR 1974 (SC) 799; AIR 1980 (SC) 898; AIR 1983 (SC) 957; AIR 1977 (SC) 949; AIR 1979 (SC) 916; 67 DLR (AD) 157 Lawyers Involved: Khondker Mahbub Hossain, Senior Advocate with Mohammad Nazrul Islam, Senior A..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 ......titution, a Rule has been issued calling upon the respondents to show cause as to why respondents 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 ......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 ......h 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, Advocate— For the Petitioner. ASM Nazmul Hoque, DAG..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 ......nd is of no legal effect." 2. The background leading to the Rule, in short is that the respondent No.2-Agrani Bank Limited, Zinda Bazar, Sylhet as plaintiff filed Artha Rin Case No.3/2013 before the Artha Rin Adalat and Joint District Judge, 2nd Court, Sylhet for recovery of Taka 65,16,608......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 ......he Rule of the Appellate Division and this Division that no writ lies against the judgment and decree of the Artha Rin Adalat shall not apply………………..(6) Lawyers Involved: Md. Jamiruddin Sirkar, Senior Advocate and Md. Farhad Hossain Kazal, Adv..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 ......ge disclosed by pre-emptor in his deposition is not correct as he could not know the date of knowledge in the first part of January, 1993. 4. Mr. Syed Ridwan Hossain, learned Advocate, appearing for the pre-emptee petitioner, submits that, the depositions of the witnesses and also statement in ...... 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 ......er Vs. Abu Naseruddin and Others…………………..Respondent Judgment September 10, 2015 Result: This Rule is made absolute. Lawyers Involved: Syed Ridwan Hossain, Advocate—For the Petitioner None appears&mdas..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)
....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 ......s………..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 readjus......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 ......as contemplated under Clauses-'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 ..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 ......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 the Court may be necessary in order to enable the Court effectually and completely adjudicate u....... 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 ......d at a too low price to their disadvantage…..(44) Case Referred to- SM Rabia Khatun Vs. Ramkali Mahajan 2 DLR 385; Probodh Chandra Vs. Jatindra Mohan, AIR 1940 Calcutta 177 Lawyers Involved: Qumrul Haque Siddique with Maqsudun Nabi, Advocates—For the P..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 ......rder dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should 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. 61709......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 .......................(8) Case Referred to- Reliance Insurance Vs. Commissioner of Taxes, 65 DLR 426; Nilufar Sattar Vs. the Commissioner of Taxes (IT Reference Application No.319 of 2013). Lawyers Involved: MA Noor, Advocate—For the Appellant Kazi Zihat Haque, DAG and ..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 ...... August 13, 2015. Result: The petitions are disposed of. Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "candidate" for election as a Member of the Parliament for the Constituency in question, he had every locus......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 ......ip;………...Respondents (In both cases) Judgment August 13, 2015. Result: The petitions are disposed of. Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "candidate" for election as a Member ..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: ......rder. Since various questions arise in the mind of the people of the country, the litigants, the lawyers, persons in the print, electronic and social media regarding the power of this Court to punish for contempt of Court any citizen of the country, being the highest Court of the country, this Divis......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: ......tion of justice suffers from the intractable complexity 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, Adv..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....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
......r section 3(2)(a)(h); in respect of charge No. 17 under section 3(2)(a) and in respect of charge No. 18 under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a prelimin......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
......al Crimes (Tribunals) Act (xix of 1973); Section 3
International Crimes Tribunal Rules of Procedure, 2010; Rule 56
Case Referred to-
Vice Chairman Vs. Golam Nabi, 27 DLR (SC) 156.
Lawyers Involved:
Khondaker Mahbub Hossain, Senior Advocate (with SM Shahjahan, Advocate), inst..
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 ......serting the property with the intention of never returning to it. Such absolute desertion must be concomitant with the positive intention to give up the right vested in the property. It follows, therefore, that mere temporary or occasional absence of physical possession shall not of itself suffice t......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 ...... 167; Bangladesh Vs. A.T.M. Mannan, 1 BLC (AD) 8Md; Feroj Mia Vs. Bangladesh in Writ Petition No. 4971 of 2001; Syeda Chand Sultana Vs. Bangladesh reported in 1 MLR 310 48 DLR 54757 DLR (AD) 24. Lawyers Involved: Khandaker Shahriar Shakir— For Appellant/Petitioner Shahidul Islam..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
94999655971897139719971297039603970992239705971197149704969997029566911695689683