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....ute the Honorable Chief Justice may kindly be request to permit to constitute a Full Bench for hearing of the matter, as per Article 1 of Chapter-VII (Reference to Full Bench) as per Supreme Court of Bangladesh (High Court Division) Rules, 1973. Let the matter be placed before the Honorable Chief Ju......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.
......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)
....if-uz-Zaman Vs. State, 17 BLC (AD) 167, 170; Majad Hossain Vs. State, 17 BLC (AD) 214; Khondaker Mahtabuddin Ahmed Vs. State, 49 DLR (AD) 131; Monzur Alam Vs. State, 55 DLR (AD) 62; Anwarul Karim Vs. Bangladesh, 67 DLR 355; 17 BLC (AD) 177; 55 DLR (AD) 162; 49 DLR (AD) 132; Amir Hossain Vs. M.A. Mal......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 ......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)
....on) Present: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent ...... 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 ......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
....espondents.
Writ Petition No.16010 of 2012
Judgment
Moyeenul Islam Chowdhury J.— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show caus......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
......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
..... 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
Resul......d Commissioner, learned DAG has drawn our attention to an office order, being Nothi No.শুল্ক ও বন্ড/৯৬(অংশ-১)/২৫৮-৬২ dated 8-2-2001, issued by the National Board of Revenue as welt as the provisions under sub-section (1) of section 13 of......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)
....-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others………………………&hellip......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 ......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 ...... 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 ...... 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 ......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 ......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 ......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 ......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)
....ed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh&hel......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: ......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)
.... Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zul......r 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research 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 o......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 ......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 ......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 ...... 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 ...... 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 ......ctions of adjustment of current account register done by the VAT Officers under section 9(2) of the VAT Act, 1991. In this regard, she has also drawn our attention to a general order of the National Board of Revenue (NBR), being General Order No. 48/Mushok/2010 dated 14-10-2000, wherein it......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)
....ip;…………Respondent Judgment August 25, 2015 Result: The Rule 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 ....... 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 ....... 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)
....uld 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. 617098180429 and an assessee under Circle-85 of Taxes Zone-4, Dhaka, subm......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 ......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)
.... Present: Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (In both ca...... reliefs prayed in the respective election petition barred under articles 14(5) and 51(2) of the RPO. The High Court Division observed that the election-petitioner "being a candidate of the 10th National Parliamentary Election did not act rather he was an intending candidate and wante......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 ......for addition of a prayer than the law requires. Points, can very well be decided along with the other issues involved in the election petitions at the trial of the election petitions....... (11) Lawyers Involved: Mahbubur Rahman, Senior Advocate instructed by Md. Abdul Hai, Advocate-on-Rec..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....rrogate to itself the role of official liquidator of the Constitution. Our Constitution is a controlled Constitution par excellence.All institutions, including the Parliament and the Supreme Court of Bangladesh are merely creatures of the Constitution and none of them is its master. The Constitution......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: ......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
....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, 2015.
Result:
The conviction and ...... B, C, D.
Evaluation of evidence.
Charge No. 2:
6. P.W. 3 is a local witness. He stated that he worked for professor Nurul Islam Chowdhury, an Awami League candidate in the National Assembly Election held in 1970 and participated in the election process. After the massacre......d the defence suggestion that Salauddin Qader Chowdhury was not involved in the incident.
20. P.W. 14 Gopal Chandra Das is another eye witness. He stated that he was the principal of Kundeshwari Women's College. He joined the college in 1970. The College was established by Nutan Chandr......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)
....iginal Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others………………………&hellip......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 ......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