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

.... and as per his direction it has been done. Nomination was made on 19-5-2015 and the next day it was turn down. It is an example of unprecedented highhandedness and unpardonable feat on the part of a public figure elected by the people. This sort of audacity should not be tolerated for a moment, we ...... 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

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....u Taher Md. Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Respondent Judgment January 27, 2016 ......6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ..

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

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

....For the Respondents Writ Petition No.12750 of 2015 Judgment Quamrul Islam Siddique J. — In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why th......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

Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)

....or the pre-emptee petitioner, submits that, the depositions of the witnesses and also statement in the petition for pre-emption cannot be given a different meaning by swearing-affidavit before notary public as this affidavit has no value and also that this affidavit cannot be taken into consideratio...... 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   ..

Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....struct building on the land owner by the person under the agreement and gives the developer company 'Power of Attorney' to conduct all the affairs of construction and sell of the flats to the public at large and receives money from the developer company, it is nothing but to appoint the deve......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 ..

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

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

....ority or lowers the dignity of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to draw a conte......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: ..

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)

.... the peo­ple to participate in the non-cooperation movement on 1st March, 1971, and on that day, Bangabandhu declared that the next political agenda would be declared on 7th March, at Race Course public meet­ing. The Pakistani establishment hatched up conspir­acy how to frustrate the han......i Army and attacked Unsattur para, a Hindu populated area, under PS Rawjan and brought the local Hindu peo­ple to the bank of the pond behind the house of Shatish Mohajan telling them to attend a peace meeting, and after that in presence of the accused, they brush fired upon them and thereby kil..

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

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....Md. Rezaul Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent Judgment June 28, 2015......r, Land Record and Survey Directorate, Tejgaon, Dhaka, the record of rights remained in the names of the petitioner and his co-sharers on the basis of earlier SA khatian and they have been possessing peacefully with the knowledge of all including the respondent No. 9 since their predecessor-in-inter..

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)

.... 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, Ministry of Housing and Public Works & others...... Sattar was allotted a house at the Mirpur Coloney, popularly known as Mirpur 1st Coloney vide agreement dated 24.07.1953 (Annexure-A to the writ petition). Thereafter, Syed Abdus Sattar while was in peaceful possession of the said property died on 25.03.1971 leaving behind his only nephew Md. Ehsan..

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)

....—For the Respondent No. 5. Writ Petition No. 9498 of 2014. Judgment Md. Rezaul Hasan J.— In this petition, filed under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respondents to show cause as to w......and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The main contentions of the petitioner, amongst other, are that the petitioner is a law-abiding and peace-loving citizen of Bangladesh; that the petitioner herein impugned the decision of the responde..

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

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

....gainst the gov­ernment also particularly where it is necessary to prevent fraud and manifest injustice. The doc­trine, however, cannot be pressed into aid to com­pel the government or the public authority to carry out a representation or premise which is contrary to law or which was outs...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ..

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)

....োধ, পল্লীগীতি, লোকগীতি, বাংলা আধুনিক etc. in the list of patriotic songs, the first item is the National Anthem of Bangladesh. 4. Upon publication of the aforesaid adver­tisement, the writ-petitioner, as a patriotic citizen of the ......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.   ..

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

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)

....vy Council in Fox Vs. The Queen, 2002(2) AC 284; Privy Council in Bowe Vs. The Queen (2006) 1 WR 1623; Barnard Vs. The Attorney General; Attorney General Vs. Susan Kigula; Godfrey Ngotho Mutiso Vs. Republic Lawyers Involved: M. I. Farooqui, Senior Advocate (with A.B.M. Bayezid, Advocate), ...... 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)

....’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 public importance as to the constitutionality of two sections of the Ains of 1995 and 2000 has surfa......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

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

.... Authority without setting aside the earlier order dated 10-2-2002 was absolutely without jurisdiction. He further argues that pertinency of rule 42 of the Rules, 1955 is limited to a period prior to publication of the final record-of-rights under section 144(7) of the Act. He submits that......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   ..

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

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

....……………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, AIR 1945 FC 18; Narayan Singh......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

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....2007. The Company, thereafter, underwent a process of transformation beginning notably with an alteration of its name to the present one on 1-10-2009. It so transpired that the Company converted to a public company limit-ed by shares on 22-12-2010 in keeping with appli­cable statutory and regula......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

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

.... In 2014, Amnesty International have found that many of thecountries that carry out executions justify their action as a response tothreats – real or perceived – to state security and public safety posed by terrorism, crime or internal instability. RAREST OF RARE 46. In res......, 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)

....d brother Md. Abdul Wahhab Miah J. that this appeal should be dismissed, but I feel tempted to express my opinion separately on taking into consideration the laws involved in this appeal which are of public importance on the prevailing land laws. The questions involved in this appeal are whether, th......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

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

....o does not indicate that the petitioner misused or abused the terms and conditions of the licence. No concrete materials are forth­coming on record that he posed any threat to the security of the public peace by abusing his gun……………….(27) Case Refer......not indicate that the petitioner misused or abused the terms and conditions of the licence. No concrete materials are forth­coming on record that he posed any threat to the security of the public peace by abusing his gun……………….(27) Case Referred to-..

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