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AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Re......pecial Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The...... Court Division (Special Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 201......others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar Hossain Mia (Md.) Vs. Bangladesh, 52 DLR (AD) 120; Bangladesh Vs. Md. Shamsul Huq, 59 DLR (AD) 54; Government of ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....ial Original Jurisdiction) Present: M Moazzam Hussain J Md. Badruzzaman J       Rahima Begum...............................Petitioner Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others.............etary, Ministry of Local Government and others.................Respondents Judgment    March 13, 2014.   Result: The Rule is made absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping of...... (Special Original Jurisdiction) Present: M Moazzam Hussain J Md. Badruzzaman J       Rahima Begum...............................Petitioner Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and othe......once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......ϜāĻžāϞ” [Annexure A and B to the contempt petition]. The judge concerned, Justice Faisal Mahmud Faizee, was appointed as an Additional Judge of the High Court Division of the Supreme Court of Bangladesh on 23-8-2004. His father, Muhammad Faiz, an Advocate of the Appellate Division of the Sup......d. Faiz and others ….......................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lah...... This Case is also Reported in: 67 DLR (AD) (2015) 208.   ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....r post of Assistant District Education Officers who are similarly situated under the Bangladesh Civil Service Recruitment Rules, 1981 for promo­tion to the posts of Headmaster/Headmistress of the Government High Schools and District Education Officer, should not be declared to be ultra vires to ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents Judgment...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents ......d.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....p;                                 Government of Bangladesh and others..........Respondents Judgment March, 2014. Result......                               Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both th......ahbub J Kazi Md. Ejarul Haque Akondo J SM Deen Islam…………………….................Petitioner (In Writ Petition No.10166 of 2013) Vs.                &......s Case is also Reported in: 67 DLR (HCD) (2015) 34.     ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       .............................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md......34       ........Petitioner Vs. Pubali Bank Limited................................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. ..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

.... Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers................Respondents Judgment   &......el Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers................Respondents Judgment     &nb......resent: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and oth­ers................Respondents Judgment &nbs......2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ......dmitted that he does indeed have the FIR stated Pound Sterling in a Guernsey bank. 9. It has also been stated in the bail peti­tion that he disclosed this fact to the tax authori­ties in Bangladesh and paid tax on it. 10. His explanation, however, is that after completing his docto......nha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Durnity Daman Commission and another………………Petitioner Vs. Dr. Khandaker Mosharraf Hossain and another.........Respondents Judgment February......sed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

....in existence. (Ill) The High Court Division acted illegally in holding that proviso to the explanation of Rule 3(3) is ultra vires to the VAT Act as none of the parties ever raised such issue nor the Government can consent that its own Rule is ultra vires and moreso when made under sec­tion 72 o......(AD) (2015) 372     ...... Appellate division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J BOC Bangladesh Ltd................................Appellant Vs. National Board of Revenue and others..........Respondents Judgment February 19, 2...... is also Reported in: 67 DLR (AD) (2015) 372     ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

.... of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was ......o. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of ...... Supreme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment Februa......ts. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

āĻ•āĻŦāĻŋāϰ āĻˇā§āĻŸā§€āϞ āϞāĻŋāĻŽāĻŋāĻŸā§‡āĻĄ āĻŦāύāĻžāĻŽ āĻ•āĻŽāĻŋāĻļāύāĻžāϰ āĻ…āĻŦ āĻŸā§āϝāĻžāĻ•ā§āϏ⧇āϏ, 2014, 43 CLC (HCD)

....ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......p;……. 4) Notwithstanding anything contained in this section, no allowance shall be made on account of- a) any interest chargeable under this Oridnance which is payable outside Bangladesh on which tax has not been paid and from which tax has not been deducted at source under s......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ......ϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ This Case is also Reported in:         ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

Gias Uddin Chowdhury (Md.) and othÂŦers Vs. Bangladesh, repreÂŦsented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

.... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ......J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Responden......hab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others........................ in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....ellip;.... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sreemoti Indira Gandhi Vs. Rajnarain, AIR 1975 (SC) 2299;......ions once and for all…………….... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sr...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment......sed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)

....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......as about 13 or 14 years old. 16. The finding of the doctor as to age is belied by the fact that his report shows the taking place of menarche one year back. In context of development of girls in Bangladesh the age stated by the victim would be more commensurate with menarche having started one ......Anwarul Haque J                    Sukur Mahmood and others.......................Petitioners Vs. State................................................Respondent Judgment  &n......orted in: 66 DLR (AD) (2014) 167. ..

Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....eared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors of the appellant Company were not properly, served with notice and that ha...... writ-petitioner as made out in the writ petition and in the supplemen­tary affidavits was that he took loan of Taka 11,87,000 (Eleven Lakh Eighty Seven Thousand) only from writ-respondent No. 2, Bangladesh House Building Finance Corporation, respon­dent No. 3 herein (hereinafter referred to......ah Hasan Foez Siddique J    AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner   Vs. Shahabuddin Ahmed and others .............Respondents Judgment    ......ecuting Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Bangladesh Agricultural Development CorporaÂŦtion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....ved by the notification dated 26-10-2002 issued by the Secretary, Ministry of Agriculture amending Clauses 4 and 5 of the Notification No. Krirhi-5/Ma-2/98 (Part-8)/727 dated 17-11-1999 issued by the Government with regard to reorganization of BADC and office order communicated under Memo No.āĻ¸ā§ā...... 67 DLR (AD) (2015) 257 ......n Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Bangladesh Agricultural Development Corpora­tion and others.......Appellants (In all the cases) Vs. Md. Abdur Rashld and others.....................Respondents Judgment February 2, ......dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

....il nature of which the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......gh Court Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Shafique Ahmed………………................Petitioner Vs. Md. Abdul Latif Bhuiyan........................Opposite-Party Judgment January 30......Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Shafique Ahmed………………................Petitioner Vs. Md. Abdul Latif Bhuiyan........................Opposite-Party Judgment January 30, 2014. ..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....o a certain group of people of the country by depriv­ing a large scale of citizens of Bangladesh in respect of filing corruption cases. The new section 32Ka requires sanction/permissions from the Government before filing cases against Judge, Magistrate and Government employee. Being aggrieved wi......DLR (HCD) (2015) 191 ...... Court Division (Special Original Jurisdiction) Present: Quazi Reza-ul Hoque J ABM Altaf Hossain J Human Rights and Peace for Bangladesh and others..........Petitioners Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents Jud...... Nakra Vs. Union of India (1983)1 SCC 305;Shujat Ali Vs. Union of India, AIR 1974 SC 1631. Lawyers Involved: Manzill Murshid, Advocate—For the Petitioners. Biswojit Roy, DAG with Md. Jahangir Alam, AAG and Swarup Kanti Deb, AAG—For the Respondents. Writ Petition No. 1..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......he meaning of section 95A of the Act…......(21) Cases Referred to- Somedullah being dead his heirs: Saifa Bibi Vs. Mahmud Ali being dead his heirs: Munsur Ali, (1992) 44 DLR (AD) 83; Bangladesh Vs. Haji Abdul Gani Biswas, (1980) 32 DLR (AD) 233. Lawyers Involved: Khan Saif......e Court Appellate Division (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Lakshmi Bala Sen and others...................Appellants Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others..............Respondents Judgment ......rder as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)

.... Senior Special Judge, Dhaka is directed to pro­ceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......tioner hav­ing not surrendered to the process of the Court could not file any application or put his grievance before a Court of law far less before the Appellate Division of the Supreme Court of Bangladesh. In the absence of any surrender before the process of law, the Court of law is incom­...... Imman Ali J   Md. Anwarul Haque J State …………………………………………Appellant Vs. Dr. Fazlur Rahman……………………Respondent......d. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..

Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1