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....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
......
Judgment
February 1, 2016
Result:
The Rule is disposed of.
Lawyers Involved:
Rokanuddin Mahmud, Mohammed Faridul Islam and Shamsun-nahar, Advocates—For the Petitioner.
Murad Reza, Reja-E-Rabbi Khandaker, Meherunnesa and Md. ......icle 102 of the Constitution in 2012, the Bangladesh Energy Regulatory Commission Dispute Settlement Regulations were non-existent. Given this scenario, a pertinent question arises: was the remedy of arbitration available to the petitioner-company in 2012 in the absence of the Bangladesh E..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
.... his wife Shirina Khatun in the name of going abroad from her brother. Shirina Khatun denied, at which all the three accused started torture to her. Shirina Khatun at a stage of that finding no other alternative managed Taka 60,000 (sixty thousand) from the informant and handed over it to her husban......) 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 Kazi Bazlur Rashid, AAGs— For the State. M. Afsaruzzaman and Shamsur Rahman, Advocates—For the Appel......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)
....d and Tobago retain mandatory death sentence for murder, while some 13 (thirteen) countries prescribe mandatory death sentence for drug trafficking, while 33 (thirty three) countries have death as an alternative sentence for the said offence. Punishment is the way in which society expresses its...... J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh………………......n a case where something obvious has been overlooked-some important aspects of the matter has not been considered, the court can reconsider the matter. There are exceptional cases where the court can remedy its judgment. In the alternative, it may be said that the error must also have a material rea..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)
....্নিং বডি ও ম্যানেজিং কমিটি)প্রবিধানমালা, ২০০৯,” the (ANNEXURE)-C) and finding no other equally efficacious alternative remedy available in law, your humble petitioner begs to file this petition under Article......LT (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, Md. Jahangir Alam, AAG and Md. Abdur Rahman...... বডি ও ম্যানেজিং কমিটি)প্রবিধানমালা, ২০০৯,” the (ANNEXURE)-C) and finding no other equally efficacious alternative remedy available in law, your humble petitioner begs to file this petition under Article 102(2)..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)
....oncerned. Being aggrieved by such demands and actions, the petitioner served a notice demanding justice dated 12-6-2004, whereupon the respondent No. 2 informed the petitioner that the petitioner had alternative remedy against such actions under section 9(2ka) and (2Kha) of the VAT Act, 19......………..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 readjust......ing aggrieved by such demands and actions, the petitioner served a notice demanding justice dated 12-6-2004, whereupon the respondent No. 2 informed the petitioner that the petitioner had alternative remedy against such actions under section 9(2ka) and (2Kha) of the VAT Act, 1991. Thereaft..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
.... as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against such persons, any common question of law ......le 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 upon or without any application of either party, and on such terms as may appear to the Court to be just,......resorting to the provisions of Order I, rule 3 read with Order I, rule 10(2) of the CPC, if her/their presence is necessary. In other words, if the Adalat cannot give an effective remedy to the plaintiff without presence of the writ petitioner and respondent No. 8, they may be im..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....tary evidence prove beyond doubt regarding the presence of Salauddin Qader Chowdhury at Chittagong during the period of liberation till August 1971, and the existence of Captain Karim. Or in the alternative, the defence has admitted the presence of Salauddin Qader Chowdhury and existence of Cap......
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
Judgment
July 29, 2......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
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
....w about the said orders, the period of limitation as provided under section 148 of the State Acquisition and Tenancy Act has already been expired and the petitioner was no other efficacious alternative forum, but to file this writ petition.
3. None of the respondents filed any affidav......
Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260
Lawyers Involved:
Khurshid Alam Khan with Shahanara Begum and Md. Aziz Taufique, Advocates—For the Petitioner.
None appears—For the Respondents.
Writ Petition No. 9288 of 2005
......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.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....ides a mandatory death penalty cannot be in accordance with the Constitution as it curtails the court’s jurisdiction to adjudicate on all issues brought before it including the imposition of an alternative sentence upon the accused if he is found guilty of such offence. A pertinent question of...... Queen in Privy Council; Bachan Singh Vs. State of Punjab, 2(SCC)(1980) 375; Matadeen Vs. Pointu 1 (AC)(1999) 98; West Coast Hotel Co. Vs. Parrish 300 (US) (1936) 379; Heath and Milligan Mfg. Co, Vs.Worst (1907) 207 US 338; Mithu Vs. State of Punjab 2 (SCC) (1983) 277; B.G. Goswami Vs. Delhi adminis...... 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:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ides a mandatory death penalty cannot be in accordance with the Constitution as it curtails the Court’s jurisdiction to adjudicate on all issues brought before it including the imposition of an alternative sentence upon the accused if he is found guilty of such offence. A pertinent question of......00 and section 303 are declared ultra vires the Constitution.
Despite repeal of the Ain of 1995, the pending cases and pending appeals in respect of those offences shall be tried and heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar n......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:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ule for the production of the body of Shahjahan has become infructious as in our opinion, he is not at the present moment, in the custody of the respondents. Under the circumstances, we have no other alternative but to discharge the Rule without any order as to costs." (emphasis supplied) ......is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....d and Tobago retain mandatory death sentence for murder, while some 13 (thirteen) countries prescribe mandatory death sentence for drug trafficking, while 33 (thirty three) countries have death as an alternative sentence for the said offence. (Penal Reform International) 43. Although it is true...... The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka…………………&hel......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....f property Act and the period of limitation for redemption of such mortgage is 60 years from the date of expiry of years from 21 April 1941. The suit is, therefore, not barred by limitation or in the alternative, the transaction is not past and closed one…….. (33) it does not appe.......................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-land......ht of redemption of mortgaged property available to a mortgagor by filing a suit for redemption. It being a special privilege afforded to poor cultivators, the latter would choose the forum for their remedy. If they choose to abandon this special forum, section 95 does not prohibit or restrict them ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
....t III of the constitution. The High Court Division thus made fundamental error in quashing the proceeding in exercise of its extraordinary jurisdiction in failing to consider that in presence of alternative remedy available to him it cannot quash a proceeding. The judgment of the High Court Div......pondents
Judgment
February 19, 2015.
Result:
This petition is disposed of.
Lawyers Involved:
Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner.
Md. Shahed Alam, dvocate-on-Record, instructed by Md. Nawab Ali, ...... constitution. The High Court Division thus made fundamental error in quashing the proceeding in exercise of its extraordinary jurisdiction in failing to consider that in presence of alternative remedy available to him it cannot quash a proceeding. The judgment of the High Court Division is set..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
....n. Since the question would need determination of fact as indicated hereinbefore, it should be thrashed outright before the statutory authority. In that view of the matter, we find no other alternative but to send the matter back to the Registrar Trade Mark for hearing the opposition case ......igns and Trade Marks and
another................Respondents
Judgment
February 9, 2015
Result:
The petition is disposed of.
Question of law of substantial importance
Question raised before this Court was not raised either before the Assistant Registrar ......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....rly that though, in general, income from property held in trust wholly for religious or charitable purpose is exempted from income tax, but when the said property is a ‘business’ then two alternative have been imposed for getting that exemption. -------------------------------------...... Judgment December 24, 2014 Result: The twelve Income Tax Reference Applications are allowed answering the question in negative and in favour of the assessee-applicant. Questions formulated for determination: 1. Whether in the facts and circumstances of the case the Tribuna......uestion in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......ce President/Manager and others......Defendant-Respondents
Judgment
December 11, 2014.
Result:
First Miscellaneous Appeal is disposed of.
Civil Rule No. 647(FM) of 2012 is accordingly disposed of.
Bank’s Legal Power to Deal with Mortgaged Property—
Bank......purchaser in respect of any illegality or irregularity committed in the process of the auction sale and inspite of such illegality or irregularity the auction purchaser acquires valid title. The remedy open to the owner of the mortgaged property is to file a suit for compensation and as such th..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
....amount (US$ 83,142.33 = BDT 68,17,617) claimed by BTCL was a disputed one and also much less than the amount of the said Bank Guarantee for Taka 1.40 crore; that this petitioner, having no other alternative, sought relief from this Court for justice; that upon hearing the grievance of the ......t with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....shonoured and pursuant to the said dishonour of the cheque legal notice was served upon the accused and when he failed to make the payment of the cheque value, the complainant finding no other better alternative filed the case under section 138 of the NI Act and since all the requirements of law in ......ellip;.........Opposite Parties Judgment December 2, 2014 Result: The rule is made absolute. Negotiable Instruments Act (XXVI of 1881); Section 118 Holder in Due Course for Consideration– Whenever a person will be holder in due course he must become holder in......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....hat if the writ-petitioners were at all aggrieved by the order of retirement, they should have approached the Administrative Tribunal and the writ petitions were not maintainable for presence of such alternative remedy. The High Court Division made the Rules Nisi absolute in part on the observations......vince of West Pakistan, 22 DLR (SC) 203; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111;Captain (Retd) B. Akram Ahmed Khan Chowdhury Vs. Bangladesh Oil, Gas and Mineral Resources Corporation; 14 MLR (AD) 81 = 11 LC (AD) 135, Bangladesh Biman Corporation Vs. Lt. Col. (Retd) Md. Za...... was taken on their appeals, the writ-petitioners bonafidely believed that no action would be taken by the appellate authority; hence they filed the writ petitions having no other equally efficacious remedy provided by law. 21. No affidavit-in-opposition was filed by the writ-respondents in any..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
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