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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. ......dharan 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 DLR 197. Lawyers Involved: Tufailur Rahman, with Mrs. Sufia Ahmed, ......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. ..

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

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

....he election of the regular Governing Body of the College. After taking the charge the Ad-hoc Committee initiated proceeding for holding election and after completion of the election the newly elected members of the Governing Body sat in their first meeting and in the said meeting the petitioner was ...... 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 ..

Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4

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

....sed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a citizen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government ......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   ......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   ..

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

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

....contents of charge No.6 as framed against the petitioner are vague and unspecific; that the elements of conspiracy had not been proved; that the testimonies of P.Ws.2 and 5 are not reliable, that the members of “Badr bahini” were in fact, “ফালতু” (Extras) and they w...... 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 and that ICS was subsequently converted into Badr Bahini and ......een proved; that the testimonies of P.Ws.2 and 5 are not reliable, that the members of “Badr bahini” were in fact, “ফালতু” (Extras) and they were mere sources of Pak Army; that the evidence adduced by the prosecution for this charge were not sufficient to convict th..

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

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....'V has dealt with election disputes). In article 2 of the RPO: "Candidate" has been defined in clause-(ii) "Candidate" means a person proposed as a candidate for election as a member. Besides the definition of "candidate", two other definitions of the article are re......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 ..

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)

....cused identified him as a danger­ous man asking the Pakistani Army to kill him and accordingly the Pakistani Army shot him down and burnt the dead body along with his house. Thereafter, the other members of Sotish Chandra Palit deported to India for their safety and, as such, the accused has bee......em, the following charges are relevant for our consideration, which are as under: "On 13th April, 1971 at about 6-30/8-00 am accused Salauddin Qader Chowdhury along with his accomplices and Pakistani Army went to Madhaya Gohira Hindu Para under PS Rawjan, District-Chittagong and brought th......llowing charges are relevant for our consideration, which are as under: "On 13th April, 1971 at about 6-30/8-00 am accused Salauddin Qader Chowdhury along with his accomplices and Pakistani Army went to Madhaya Gohira Hindu Para under PS Rawjan, District-Chittagong and brought the unarmed ..

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

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....Governing Body, who has later added himself as respondent No. 5. He further submits that, the name of Mr.Golam Sarwar was sent to the respondent No.2, for appointment as the president of the GB, by 7 members of the governing body, not by the insti­tution head. Whereas, only the head of the insti......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   ......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   ..

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

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)

....the accused must realise that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as a member of the society. Punishment is designated to protect society by deterring potential offenders ...... 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: ...... 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: ..

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)

....the accused must realise that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as a member of the society. Punishment is designated to protect society by deterring potential offenders ......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: ......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: ..

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

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....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 ......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 ......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

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

....he facts, leading to the filing of this criminal 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 Par......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   ..

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

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

.... It's verdict was delivered on 9thMay, 2013. 4.  By exercising his right as conferred by Section 21 of the Act Muhammad Kamaruzzaman preferred an appeal before this Division, and a four member Bench of this Division, after exhaustive and comprehensive hearing, spreading over 17 working......her countries also revealed that majority view favoured retention of capital punishment. 78. Some of the countries that previously declared moratorium on capital sentence, reverted back from it. Pakistan obviously provides the most glaring example where the authorities revoked moratorium in the......, 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

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....mdash;Emasculation. Secondly.— Permanent privation of the sight of either eye. Thirdly.— Permanent privation of the hearing of either ear. Fourthly.— Privation of any member or joint. Fifthly.— Destruction or permanent impair­ing of the powers of any m......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....ther under the name and style "Moulvi Abdul Hye Memorial Trust" and a school-cum-college in the name of Moulvi Abdul Hye Memorial School and College at his village. The petitioner is a life-member of the said trust and a teacher of the school and col­lege. For the safety and security o...... find support from some decisions in the Indian Jurisdiction (Vide AIR 1956 Calcutta 96, AIR 1954 Rajasthan 264). It must, however, be pointed out that there is a long line of deci­sions from the Pakistan Jurisdiction, (The University of Dhaka Vs. Zakir Ahmed, PLD 1965 SC 90-16 DLR (SC) 722) whi......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....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     ......s had four occasions to comply with this court's order, before seeking apology after issuance of the Rule on 23-1-2014. 25. I have also considered the views expressed by the Supreme Court of Pakistan in Re: contempt of court proceedings against General (Reid) Mirza Aslam Beg. It has been he......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

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....o, on the basis of having at any time been in the service of Pakistan, purports to claim any right to employment in the serv­ice of the Republic, but does not include any person who (i) is a member of any defence service, (ii) is a teacher or employee of any University. (iii) is e......P Nos.2619, 525-26,423 and 2563 of 2012, 2421 of 2013, 229-31, 424 of 2012, 1495-96 of 2010 is condoned and they are disposed of. Case Referred to- Lt. Col. Farzand Ali Vs. Province of West Pakistan, 22 DLR (SC) 203; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111;Captai......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177.       ..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)

....to the fair trial of the case. 10. In the order dated 9-7-2014, rejecting the prayer for modification of the order dated 5-5-2014, the learned Judges observed that "By this time, the CID, 7-member Inquiry Committee and the RAB, as appears from the progress report sub­mitted from time t......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271         ......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271         ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4

Salim Ullah, son of late M.A. Bari, House No. 27, Road No. 18, Block-B, Banani, Dhaka-1213 Vs. The Commissioner of Taxes, Taxes Zone-3, Dhaka, 35, Pioneer Road, Ayesha Manjil, Kakrail, Dhaka, 2014, 43 CLC (HCD)

....f a firm or association of persons is ordered to be made, the Appellate Tribunal may direct the Deputy Commissioner of Taxes to amend accordingly any assessment made on any partner of the firm or any member of the association. (4) The Appellate Tribunal shall communicate its order on the appeal......red in negative and in favour of the Assessee-applicant. 37. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......red in negative and in favour of the Assessee-applicant. 37. 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: 28 Oct, 2014 | Hits: 1

Fidelity Assets and Securities Co. Ltd. Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ing apparel, jewellery, furniture, fixture, equipment and vehicles), which are held exclusively for personal use by, and are not used for purposes of the business or profession of the assessee or any member of his family dependent on him; and (c) agricultural land in Bangladesh, not being land ......nswered 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: ......nswered 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: 16 Sep, 2014 | Hits: 0

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....nefit of a contract and when a claim is advanced on such a right, it must be shown that the defendant is bound to concede the claim either by law or by some custom to which the class of which he is a member is subject on grounds of jus­tice, equity and good conscience. "I think it woul......defeated by taking shelter of Muhammadan Law— Here in the instant case, Vendor is a Muslim and purchaser is a Hindu. By this time much water follows in the river Buriganga and by this time Pakistan was created and thereafter, Bangladesh got independence. State Acquisition and Tenancy Act ......aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8